116th CONGRESS 2d Session |
To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”.
(b) References.—Any reference in this or any other Act to the “National Defense Authorization Act for Fiscal Year 2021” shall be deemed to refer to the “William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”.
(a) Divisions.—This Act is organized into 16 divisions as follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—National Artificial Intelligence Initiative Act of 2020.
(6) Division F—Corporate Transparency Act of 2019.
(7) Division G—COUNTER Act of 2019.
(8) Division H—Elijah E. Cummings Coast Guard Authorization Act of 2020.
(9) Division I—Department of State Authorities and Activities.
(10) Division J—Combating Russian Money Laundering.
(11) Division K—Kleptocracy Asset Recovery Rewards Act.
(12) Division L—Stopping Trafficking, Illicit Flows, Laundering, and Exploitation.
(13) Division M—Improving Corporate Governance Through Diversity.
(14) Division N—Banking Transparency for Sanctioned Persons Act of 2019.
(15) Division O—Public Lands.
(16) Division P—Colorado Outdoor Recreation and Economy Act.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 101. Authorization of appropriations.
Sec. 111. Independent cost estimate of FFG(X) frigate program.
Sec. 112. Liquified natural gas pilot program.
Sec. 121. Modification of force structure objectives for B–1 bomber aircraft.
Sec. 122. Extension of limitation on availability of funds for retirement of RC–135 aircraft.
Sec. 123. Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft.
Sec. 124. Limitation on availability of funds for the Advanced Battle Management System pending certification relating to RQ–4 aircraft.
Sec. 125. Inventory requirements for certain air refueling tanker aircraft.
Sec. 126. Limitation on production of KC–46A aircraft.
Sec. 127. Assessment and certification relating to OC–135 aircraft.
Sec. 128. Modernization plan for airborne intelligence, surveillance, and reconnaissance.
Sec. 129. Minimum bomber aircraft force level.
Sec. 130. Provisions relating to RC–26B manned intelligence, surveillance, and reconnaissance aircraft.
Sec. 130A. Briefing on payload hosting on modular supersonic aircraft.
Sec. 131. Documentation relating to the F–35 aircraft program.
Sec. 132. Notification on software regression testing for F–35 aircraft.
Sec. 133. Notification on efforts to replace inoperable ejection seat aircraft locator beacons.
Sec. 134. Limitation on use of funds for the Armed Overwatch Program.
Sec. 135. Investment and sustainment plan for procurement of cannon tubes.
Sec. 201. Authorization of appropriations.
Sec. 211. Modification of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.
Sec. 212. Enhanced participation of Department of Defense contractors in science, technology, engineering, and mathematics activities.
Sec. 213. Modification of requirements relating to certain cooperative research and development agreements.
Sec. 214. Pilot program on talent optimization.
Sec. 215. Codification of the National Security Innovation Network.
Sec. 216. Modification of pilot program on enhanced civics education.
Sec. 217. Modification of joint artificial intelligence research, development, and transition activities.
Sec. 218. Modification of national security innovation activities and manufacturing pilot program.
Sec. 219. Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.
Sec. 220. Digital data management and analytics capability.
Sec. 221. Social science, management science, and information science research activities.
Sec. 222. Measuring and incentivizing programming proficiency.
Sec. 223. Information technology modernization and security efforts.
Sec. 224. Board of Directors for the Joint Artificial Intelligence Center.
Sec. 225. Directed Energy Working Group.
Sec. 226. Program Executive Officer for Autonomy.
Sec. 227. Accountability measures relating to the Advanced Battle Management System.
Sec. 228. Measures to address foreign talent programs.
Sec. 229. Disclosure of foreign funding sources in applications for Federal research awards.
Sec. 230. Limitations relating to large unmanned surface vessels and associated offensive weapon systems.
Sec. 231. Limitation on availability of funds pending review and report on next generation air dominance capabilities.
Sec. 232. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions.
Sec. 233. Designation of Academic Liaison to protect against emerging threats.
Sec. 241. Steering committee on emerging technology.
Sec. 242. Training for human resources personnel in artificial intelligence and related topics.
Sec. 243. Unclassified workspaces for personnel with pending security clearances.
Sec. 244. Pilot program on the use of electronic portfolios to evaluate applicants for certain technical positions.
Sec. 245. Self-directed training in artificial intelligence.
Sec. 246. Part-time and term employment of university professors and students in the Defense science and technology enterprise.
Sec. 247. Microelectronics and national security.
Sec. 248. Acquisition of ethically and responsibly developed artificial intelligence technology.
Sec. 249. Enhancement of public-private talent exchange programs in the Department of Defense.
Sec. 250. Reporting on contribution of development of artificial intelligence standards.
Sec. 251. Short title.
Sec. 252. Findings.
Sec. 253. National coordinating entity for sustainable chemistry.
Sec. 254. Strategic plan for sustainable chemistry.
Sec. 255. Agency activities in support of sustainable chemistry.
Sec. 256. Partnerships in sustainable chemistry.
Sec. 257. Prioritization.
Sec. 258. Rule of construction.
Sec. 259. Major multi-user research facility project.
Sec. 261. Modification to annual report of the Director of Operational Test and Evaluation.
Sec. 262. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle program.
Sec. 263. Independent evaluation of personal protective and diagnostic testing equipment.
Sec. 264. Reports on F–35 physiological episodes and mitigation efforts.
Sec. 265. Study on mechanisms for attracting and retaining high quality talent in the national security innovation base.
Sec. 266. Funding for force protection applied research.
Sec. 267. Funding for hypersonics prototyping.
Sec. 268. Funding for unidirectional body armor.
Sec. 269. Assessments of intelligence, defense, and military implications of deepfake videos and related technologies.
Sec. 270. Funding for Air Force university research initiatives.
Sec. 271. Modification of authority to carry out certain fiscal year 2020 projects.
Sec. 272. Sense of Congress on the role of the National Science Foundation.
Sec. 273. Funding for Navy university research initiatives.
Sec. 274. Funding for Army university research initiatives.
Sec. 275. Report on certain awards by the Air Force under the Small Business Innovation Research Program and the Small Business Technology Transfer Program.
Sec. 276. Funding for Backpackable Communications Intelligence System.
Sec. 277. Funding for Army university and industry research centers.
Sec. 278. Sense of Congress on the additive manufacturing and machine learning initiative of the Army.
Sec. 279. Traineeships for American leaders to excel in national technology and science.
Sec. 280. Briefing and report on use of distributed ledger technology for defense purposes.
Sec. 281. Admission of essential scientists and technical experts to promote and protect the National Security Innovation Base.
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Sec. 303. Increase in funding for Air Force reserve contractor systems support.
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.
Sec. 312. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.
Sec. 313. Agreements to limit encroachments and other constraints on military training, testing, and operations.
Sec. 314. Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard.
Sec. 315. Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations.
Sec. 316. Replacement of non-tactical motor vehicles at the end of service life with electric or hybrid motor vehicles.
Sec. 317. Budgeting of Department of Defense relating to operational energy improvement.
Sec. 318. Assessment of Department of Defense operational energy usage.
Sec. 319. Improvement of the operational energy capability improvement fund of the Department of Defense.
Sec. 320. Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility.
Sec. 321. Limitation on use of funds for acquisition of furnished energy for Rhine Ordnance Barracks Army Medical Center.
Sec. 322. Requirement to update Department of Defense climate change roadmap.
Sec. 323. Comptroller General report on Department of Defense installation energy.
Sec. 324. Department of Defense report on emissions levels.
Sec. 325. Objectives, performance standards, and criteria for use of wildlife conservation banking programs.
Sec. 326. Offshore wind energy development, Morro Bay, California.
Sec. 327. Long-duration demonstration initiative and joint program.
Sec. 328. Prizes for development of non-PFAS-containing fire-fighting agent.
Sec. 329. Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam.
Sec. 330. Interagency body on research related to per- and polyfluoroalkyl substances.
Sec. 331. Restriction on procurement by defense logistics agency of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 332. Standards for removal or remedial actions with respect to PFOS or PFOA contamination.
Sec. 333. Research and development of alternative to aqueous film-forming foam.
Sec. 334. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use.
Sec. 335. Public disclosure of results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 336. Biological threats report.
Sec. 337. Report on energy savings performance contracts.
Sec. 338. Sense of Congress regarding an integrated master plan towards achieving net zero.
Sec. 339. Increase in funding for Centers for Disease Control Study on health implications health implications of per- and polyfluoroalkyl substances contamination in drinking water.
Sec. 340. Moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam.
Sec. 341. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 342. Assessment of Department of Defense excess property programs with respect to need and wildfire risk.
Sec. 351. National Defense Sustainment and Logistics Review.
Sec. 352. Extension of sunset relating to charter air transportation services.
Sec. 353. Additional elements for inclusion in Navy ship depot maintenance budget report.
Sec. 354. Modification to limitation on length of overseas forward deployment of naval vessels.
Sec. 355. Independent advisory panel on weapon system sustainment.
Sec. 356. Biannual briefings on status of Shipyard Infrastructure Optimization Plan.
Sec. 357. Materiel readiness metrics and objectives for major weapon systems.
Sec. 361. Chair of Department of Defense explosive safety board.
Sec. 362. Explosive Ordnance Disposal Defense Program.
Sec. 363. Assessment of resilience of Department of Defense munitions enterprise.
Sec. 364. Report on safety waivers and mishaps in Department of Defense munitions enterprise.
Sec. 371. Pilot program for temporary issuance of maternity-related uniform items.
Sec. 372. Servicewomen’s Commemorative Partnerships.
Sec. 373. Biodefense analysis and budget submission.
Sec. 374. Clarification of National Biodefense Strategy.
Sec. 375. Report on biodefense.
Sec. 376. Facilitating agreements with other Federal agencies to limit encroachments.
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
Sec. 403. Modification of the authorized number and accounting method for senior enlisted personnel.
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.
Sec. 421. Military personnel.
Sec. 501. Authorized strength: exclusion of certain general and flag officers of the reserve components on active duty.
Sec. 502. Diversity in selection boards.
Sec. 503. Redaction of personally identifiable information from records furnished to a promotion board.
Sec. 504. Temporary expansion of availability of enhanced constructive service credit in a particular career field upon original appointment as a commissioned officer.
Sec. 505. Permanent programs on direct commissions to cyber positions.
Sec. 511. Grants to support STEM education in the Junior Reserve Officers’ Training Corps.
Sec. 512. Modification of education loan repayment program for members of Selected Reserve.
Sec. 513. Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia.
Sec. 514. Constructive credit for certain members of the reserve components who cannot complete minimum annual training requirements as a result of the COVID–19 pandemic.
Sec. 515. Guidance for use of unmanned aircraft systems by the National Guard.
Sec. 516. Direct employment pilot program for certain members of the reserve components.
Sec. 517. Temporary limitation on authority to transfer, relocate, or dissolve elements of the reserve components of the Air Force.
Sec. 518. Pilot programs in connection with SROTC units and CSPI programs at Historically Black Colleges and Universities and minority institutions.
Sec. 519. Report regarding full-time National Guard duty in response to the COVID–19 pandemic.
Sec. 520. Study and report on ROTC recruitment.
Sec. 520A. Transitional health benefits for certain members of the National Guard serving under orders in response to the coronavirus (COVID–19).
Sec. 520B. Quarantine housing for members of the National Guard who perform certain duty in response to the COVID–19 emergency.
Sec. 520C. National guard support to major disasters.
Sec. 520D. Authority to reinstate and transfer officers in medical specialties in the reserve components of the Armed Forces previously retired honorably or under honorable conditions.
Sec. 520E. Report regarding national guard youth challenge program.
Sec. 520F. Permanent suicide prevention and resilience program for the reserve components.
Sec. 521. Temporary authority to order retired members to active duty in high-demand, low-density assignments during war or national emergency.
Sec. 522. Reenlistment waivers for persons separated from the Armed Forces who commit one misdemeanor cannabis offense.
Sec. 523. Review of Seaman to Admiral-21 program; credit towards retirement.
Sec. 524. Report regarding reviews of discharges and dismissals based on sexual orientation or gender identity.
Sec. 525. Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the Armed Forces for decorations and benefits when the service records are incomplete because of damage to the official record.
Sec. 526. Report on bad paper.
Sec. 531. Punitive article on violent extremism.
Sec. 532. Preservation of Court-martial records.
Sec. 533. Electronic notarization for members of the Armed Forces.
Sec. 534. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services.
Sec. 535. Termination of telephone, multichannel video programming, and internet access service contracts by servicemembers who enter into contracts after receiving military orders for permanent change of station but then receive stop movement orders due to an emergency situation.
Sec. 536. Absentee ballot tracking program.
Sec. 537. Tracking mechanism and reporting requirements for supremacist, extremist, and criminal gang activity in the Armed Forces.
Sec. 538. Military-civilian task force on domestic violence and related information collection activities.
Sec. 539. Actions to address military-connected child abuse.
Sec. 540. Multidisciplinary board to evaluate suicide events.
Sec. 540A. To resolve controversies under Servicemembers Civil Relief Act.
Sec. 540B. Limitation on waiver of rights and protections under Servicemembers Civil Relief Act.
Sec. 540C. Clarification of private right of action under Servicemembers Civil Relief Act.
Sec. 540D. Requirement of certain certification before deportation of a spouse of a member of the Armed Forces.
Sec. 540E. Clarification of termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service.
Sec. 540F. Availability of records for National Instant Criminal Background Check System.
Sec. 540G. Prohibition on certain communications regarding courts-martial.
Sec. 540H. Termination of contracts for telephone, multichannel video programming, or internet access service by certain individuals under Servicemembers Civil Relief Act.
Sec. 540I. Report on drug demand reduction program modernization.
Sec. 540J. Qualifications of judges and standard of review for Courts of Criminal Appeals.
Sec. 540K. Right to notice of victims of offenses under the Uniform Code of Military Justice regarding certain post-trial motions, filings, and hearings.
Sec. 541. Protection of attorney-client privilege between victims and Special Victims’ Counsel.
Sec. 542. Authority of military judges and military magistrates to issue military court protective orders.
Sec. 543. Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 544. Modification of reporting and data collection on victims of sexual offenses.
Sec. 545. Modification of annual report regarding sexual assaults involving members of the Armed Forces.
Sec. 546. Coordination of support for survivors of sexual trauma.
Sec. 547. Policy on separation of victim and accused at military service academies.
Sec. 548. Safe-to-report policy applicable across the Armed Forces.
Sec. 549. Question in workplace and gender relations surveys regarding prosecutions of sexual assault.
Sec. 550. Pilot program on prosecution of special victim offenses committed by attendees of military service academies.
Sec. 550A. Report on status of investigations of alleged sex-related offenses.
Sec. 550B. Report on sexual abuse and harassment of recruits during medical examinations prior to entry into the Armed Forces.
Sec. 550C. Confidential reporting of sexual harassment.
Sec. 551. Counseling in the Transition Assistance Program regarding sexual assault, sexual or gender harassment, and intimate partner violence.
Sec. 552. Medical or administrative discharge as a pathway for counseling in the Transition Assistance Program.
Sec. 553. Family dynamics as pathways for counseling in the Transition Assistance Program.
Sec. 554. Establishment of mentoring and career counseling program.
Sec. 555. Defense Language Institute Foreign Language Center.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. Increase in number of permanent professors at the United States Air Force Academy.
Sec. 558. Information on nominations and applications for military service academies.
Sec. 559. Transformation of the professional military education enterprise.
Sec. 560. College of International Security Affairs of the National Defense University.
Sec. 560A. Public-private consortium to improve professional military education.
Sec. 560B. Participation of members of the reserve components of the Armed Forces in the Skillbridge program.
Sec. 560C. Study regarding VA participation in TAP.
Sec. 560D. GAO study regarding transferability of military certifications to civilian occupational licenses and certifications.
Sec. 560E. Transition outreach.
Sec. 560F. Continued participation of separated members of the Armed Forces in Skillbridge programs.
Sec. 560G. Expansion of Skillbridge program to include the Coast Guard.
Sec. 560H. Establishment of performance measures for the Credentialing Opportunities On-Line programs of the Armed Forces.
Sec. 560I. Authority of military educational institutions to accept research grants.
Sec. 560J. Report on officer training in irregular warfare.
Sec. 560K. Report regarding county, Tribal, and local veterans service officers.
Sec. 560L. Limited exception for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.
Sec. 560M. Limitation on eligibility of for-profit institutions to participate in educational assistance programs of the Department of Defense.
Sec. 561. Family readiness: definitions; communication strategy; report.
Sec. 562. Support services for members of special operations forces and immediate family members.
Sec. 563. Authority to provide financial assistance to certain in-home child care providers for members of the Armed Forces and survivors of members who die in combat in the line of duty.
Sec. 564. Expansion of financial assistance under My Career Advancement Account program.
Sec. 565. Child care.
Sec. 566. Continuation of paid parental leave upon death of child.
Sec. 567. Study and report on the performance of the Department of Defense Education Activity.
Sec. 568. Comptroller General of the United States report on the structural condition of Department of Defense Education Activity schools.
Sec. 569. Pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools.
Sec. 570. Continued assistance to schools with significant numbers of military dependent students.
Sec. 570A. Standardization of the Exceptional Family Member Program.
Sec. 570B. Training program regarding foreign disinformation campaigns.
Sec. 570C. Reopening of child care facilities of the Engineer Research and Development Center.
Sec. 570D. Improvements to partner criteria of the Military Spouse Employment Partnership Program.
Sec. 571. Diversity and inclusion reporting requirements.
Sec. 572. Establishment of Diversity and Inclusion Advisory Council of the Department of Defense.
Sec. 573. Establishment of Special Inspector General for Racial and Ethnic Disparities in the Armed Forces; amendments to Inspector General Act.
Sec. 574. Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense.
Sec. 575. Report on demographics of officers appointed to certain grades.
Sec. 576. Plans to increase female and minority representation in the Armed Forces.
Sec. 577. Evaluation of barriers to minority participation in certain units of the Armed Forces.
Sec. 578. Report to Congress on efforts to increase diversity and representation in film, television, and publishing.
Sec. 579. Plan to improve responses to pregnancy and childbirth by members of the Armed Forces and employees of the Department of Defense.
Sec. 581. Establishment of the Atomic Veterans Service Medal.
Sec. 582. Authorization for award of the distinguished-service cross for Ramiro F. Olivo for acts of valor during the Vietnam War.
Sec. 583. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of Defense STARBASE Program.
Sec. 593. Prohibition on charging for or counting certain acronyms on headstones of individuals interred at Arlington National Cemetery.
Sec. 594. Report on placement of members of the Armed Forces in academic status who are victims of sexual assault onto Non-Rated Periods.
Sec. 595. Sense of Congress regarding advertising recruiting efforts.
Sec. 596. Study on financial impacts of COVID–19 on members of the Armed Forces and best practices to prevent future financial hardships.
Sec. 597. Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th airlift wing, the 512th airlift wing, and the Charles C. Carson Center for mortuary affairs.
Sec. 598. GAO study of women involuntarily separated or discharged due to pregnancy or parenthood.
Sec. 599. Report regarding transportation of remains of certain decedents by the Secretary of a military department.
Sec. 599A. Postponement of conditional designation of Explosive Ordnance Disposal Corps as a basic branch of the Army.
Sec. 599B. Annual report regarding cost of living for members and employees of the Department of Defense.
Sec. 599C. Report on Preservation of the Force and Family Program of United States Special Operations Command.
Sec. 599D. GAO study of members absent without leave or on unauthorized absence.
Sec. 601. Increase in basic pay.
Sec. 602. Basic needs allowance for low-income regular members.
Sec. 603. Reorganization of certain allowances other than travel and transportation allowances.
Sec. 604. Single military housing area for each municipality with a population greater than 500,000.
Sec. 605. Expansion of travel and transportation allowances to include fares and tolls.
Sec. 606. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components.
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Increase in certain hazardous duty incentive pay for members of the uniformed services.
Sec. 613. Standardization of payment of hazardous duty incentive pay for members of the uniformed services.
Sec. 614. Clarification of 30 days of continuous duty on board a ship required for family separation allowance for members of the uniformed services.
Sec. 615. Expansion of reimbursable State licensure and certification costs for a military spouse arising from relocation.
Sec. 621. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services for survivors of members of the Armed Forces who die in the line of duty.
Sec. 622. Expansion of death gratuity for ROTC graduates.
Sec. 623. Recalculation of financial assistance for providers of child care services and youth program services for dependents.
Sec. 624. Priority for certain military family housing to a member of the Armed Forces whose spouse agrees to provide family home day care services.
Sec. 625. Study on feasibility of TSP contributions by military spouses.
Sec. 626. Gold star families parks pass.
Sec. 627. Modification to first division monument.
Sec. 628. Cheryl Lankford memorial expansion of assistance for Gold Star spouses and other dependents.
Sec. 629. Extension of Commissary and Exchange Benefits for Surviving Remarried Spouses With Dependent Children of a Member of the Armed Forces Who Dies While on Active Duty or Certain Reserve Duty.
Sec. 631 . Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the defense resale system.
Sec. 641. Maintenance of funding for Stars and Stripes.
Sec. 642. Basic allowance for housing.
Sec. 701. Expansion of mental health assessments for members of the Armed Forces.
Sec. 702. Mandatory referral for mental health evaluation.
Sec. 703. Assessments and testing relating to exposure to perfluoroalkyl and polyfluoroalkyl substances.
Sec. 704. Improvement to breast cancer screening.
Sec. 705. Waiver of fees charged to certain civilians for emergency medical treatment provided at military medical treatment facilities.
Sec. 706. Expansion of benefits available under TRICARE Extended Care Health Option program.
Sec. 707. Provision of hearing aids for dependents of certain members of the reserve components.
Sec. 711. Protection of the Armed Forces from infectious diseases.
Sec. 712. Inclusion of drugs, biological products, and critical medical supplies in national security strategy for national technology and industrial base.
Sec. 713. Contract authority of the Uniformed Services University of the Health Sciences.
Sec. 714. Extension of organization requirements for Defense Health Agency.
Sec. 715. Modification to limitation on the realignment or reduction of military medical manning end strength.
Sec. 716. Modifications to implementation plan for restructure or realignment of military medical treatment facilities.
Sec. 717. Policy to address opioid prescription abuse prevention.
Sec. 718. Addition of burn pit registration to electronic health records of members of the Armed Forces and veterans.
Sec. 719. Maintenance of certain medical services at military medical treatment facilities at Service Academies.
Sec. 720. Extramedical maternal health providers demonstration project.
Sec. 721. COVID–19 military health system review panel.
Sec. 722. COVID–19 global war on pandemics.
Sec. 723. Registry of TRICARE beneficiaries diagnosed with COVID–19.
Sec. 724. Pandemic health assessments evaluate exposure to open burn pits and toxic airborne chemicals.
Sec. 725. Provision of information regarding COVID–19 in multiple languages.
Sec. 726. Study of substance use disorders among members of the Armed Forces and veterans during the COVID–19 public health emergency.
Sec. 731. Modifications to pilot program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of national disaster medical system.
Sec. 732. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense.
Sec. 733. Clarification of research under Joint Trauma Education and Training Directorate and inclusion of military working dogs.
Sec. 734. Extension of the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Project.
Sec. 735. Information sharing by Secretary of Defense regarding prevention of infant and maternal mortality.
Sec. 736. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel.
Sec. 737. Pilot program on cryopreservation and storage.
Sec. 738. Pilot program on parents serving as certified nursing assistants for children under TRICARE program.
Sec. 739. Study on incidence of cancer diagnosis and mortality among pilots in the Armed Forces.
Sec. 740. Report on diet and nutrition of members of the Armed Forces.
Sec. 741. Report on costs and benefits of allowing retired members of the Armed Forces to contribute to health savings accounts.
Sec. 742. Study on toxic exposure at Karshi–Khanabad Air Base, Uzbekistan.
Sec. 743. Audit of medical conditions of tenants in privatized military housing.
Sec. 744. Report on Integrated Disability Evaluation System.
Sec. 745. Review and report on prevention of suicide among members of the Armed Forces stationed at remote installations outside the contiguous United States.
Sec. 746. Antimicrobial stewardship staffing at medical treatment facilities of the Department of Defense.
Sec. 747. Report on chiropractic care for dependents and retirees under the TRICARE program.
Sec. 748. Study on medevac helicopters and ambulances at military installations.
Sec. 749. Funding for pancreatic cancer research.
Sec. 750. Report on mental health treatment relating to pregnancy.
Sec. 750A. Report on cost of extending TRICARE coverage to individuals participating in Health Professions Scholarship and Financial Assistance Program.
Sec. 750B. Report on health care records of dependents who later seek to serve as a member of the Armed Forces.
Sec. 750C. Briefing on extension of TRICARE Prime to eligible beneficiaries in Puerto Rico and other United States territories.
Sec. 750D. Funding for post-traumatic stress disorder.
Sec. 750E. Increased collaboration with NIH to combat triple negative breast cancer.
Sec. 750F. Study on readiness contracts and the prevention of drug shortages.
Sec. 750G. Findings and sense of Congress on musculoskeletal injuries.
Sec. 750H. Wounded Warrior Service Dog Program.
Sec. 750I. Sense of congress regarding maternal mortality review.
Sec. 750J. Report on lapses in TRICARE coverage for members of the National Guard and reserve components.
Sec. 750K. Study and report on increasing telehealth services across Armed Forces.
Sec. 750L. Study on joint deployment formulary.
Sec. 751. Short title.
Sec. 752. Expansion of eligibility for readjustment counseling and related outpatient services from Department of Veterans Affairs to include members of reserve components of the Armed Forces.
Sec. 753. Provision of mental health services from Department of Veterans Affairs to members of reserve components of the Armed Forces.
Sec. 754. Inclusion of members of reserve components in mental health programs of Department of Veterans Affairs.
Sec. 755. Report on mental health and related services provided by Department of Veterans Affairs to members of the Armed Forces.
Sec. 756. Pilot program on sleep apnea among new recruits.
Sec. 757. Report on research and studies on health effects of burn pits.
Sec. 758. Mandatory training on health effects of burn pits.
Sec. 759. Inclusion of information on exposure to open burn pits in postdeployment health reassessments.
Sec. 760. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria.
Sec. 761. Pilot program on treatment of certain members of the Armed Forces impacted by traumatic brain injury and other associated health factors that influence long-term brain health and performance.
Sec. 801. Congressional notification of termination of a middle tier acquisition program.
Sec. 802. Modification to the definition of nontraditional defense contractor.
Sec. 803. Major weapon systems: life-cycle sustainment plan.
Sec. 804. Contractor business systems.
Sec. 805. Acquisition authority of the Director of the Joint Artificial Intelligence Center.
Sec. 806. Reforming the Department of Defense.
Sec. 807. Alternative Space Acquisition System for the United States Space Force.
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Modifications to Comptroller General assessment of acquisition programs and related initiatives.
Sec. 813. Contractor whistleblower protections relating to nondisclosure agreements.
Sec. 814. Competition requirements for purchases from Federal Prison Industries.
Sec. 815. Disclosure of beneficial owners in database for Federal agency contract and grant officers.
Sec. 816. Inclusion of optical transmission components in the analytical framework for supply chain risks.
Sec. 817. Amendment to definition of qualified apprentice.
Sec. 818. Contract closeout authority for services contracts.
Sec. 819. Plan to improve Department-wide management of investments in weapon systems.
Sec. 820. Documentation pertaining to commercial item determinations.
Sec. 820A. Guidelines and resources on the acquisition or licensing of intellectual property.
Sec. 820B. Requirements concerning former Department of Defense officials and lobbying activities.
Sec. 820C. Commercial product determination applies to components and support services.
Sec. 821. Quarterly national technology and industrial base briefings.
Sec. 822. Expansion on the prohibition on acquiring certain metal products.
Sec. 823. Requirement that certain ship components be manufactured in the national technology and industrial base.
Sec. 824. Preference for sourcing rare earth materials from the national technology and industrial base.
Sec. 825. Enhanced domestic content requirement for major defense acquisition programs.
Sec. 826. Additional requirements pertaining to printed circuit boards.
Sec. 827. Report on use of domestic nonavailability determinations.
Sec. 828. Sense of Congress on the prohibition on certain telecommunications and video surveillance services or equipment.
Sec. 829. Domestic sourcing requirements for aluminum.
Sec. 830. Report on aluminum refining, processing, and manufacturing.
Sec. 830A. Briefing on the supply chain for small unmanned aircraft system components.
Sec. 830B. Prohibition on procurement or operation of foreign-made unmanned aircraft systems.
Sec. 830C. Sense of Congress on gaps or vulnerabilities in the national technology and industrial base.
Sec. 830D. Report on partnerships for rare earth material supply chain security.
Sec. 831. Transfer of verification of small business concerns owned and controlled by veterans or service-disabled veterans to the Small Business Administration.
Sec. 832. Equitable adjustments to certain construction contracts.
Sec. 833. Exemption of certain contracts awarded to small business concerns from category management requirements.
Sec. 834. Report on accelerated payments to certain small business concerns.
Sec. 835. Extension of participation in 8(a) program.
Sec. 836. Past performance ratings of certain small business concerns.
Sec. 837. Category management training.
Sec. 838. Small businesses in territories of the United States.
Sec. 839. Eligibility of the commonwealth of the northern mariana islands for certain small business administration programs.
Sec. 840. Boots to Business Program.
Sec. 840A. Employment size standard requirements.
Sec. 841. Modifications to supervision and award of certain contracts.
Sec. 842. Amendments to submissions to Congress relating to certain foreign military sales.
Sec. 843. Revisions to requirement to use firm fixed-price contracts for foreign military sales.
Sec. 844. Small Business Industrial Base Resiliency Program.
Sec. 845. Requirements relating to reports and limitations on the availability of funds.
Sec. 846. Assessment of the requirements processes of the military departments.
Sec. 847. Report on transfer and consolidation of certain defense acquisition statutes.
Sec. 848. Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938.
Sec. 849. Reestablishment of Commission on Wartime Contracting.
Sec. 850. Report on certain contracts relating to construction or maintenance of a border wall.
Sec. 851. Congressional oversight of private security contractor contracts.
Sec. 852. Revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems.
Sec. 901. Repeal of position of Chief Management Officer.
Sec. 902. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 903. Assignment of responsibility for the Arctic region within the Office of the Secretary of Defense.
Sec. 911. Limitation on reduction of civilian workforce.
Sec. 912. Chief Diversity Officers.
Sec. 913. Establishment of Deputy Assistant Secretaries for Sustainment.
Sec. 914. Office of Defense Community Cooperation and Economic Adjustment.
Sec. 915. Input from Chief of National Guard Bureau to the Joint Requirements Oversight Council.
Sec. 916. Redesignation of the Joint Forces Staff College.
Sec. 917. Reporting on post-JAIC assignment.
Sec. 918. Comptroller General report on vulnerabilities of the Department of Defense resulting from offshore technical support call centers.
Sec. 919. Limitation on consolidation or transition to alternative content delivery methods within the Defense Media Activity.
Sec. 921. Assistant Secretary of Defense for Space and Strategic Deterrence Policy.
Sec. 922. Office of the Chief of Space Operations.
Sec. 923. Space Force Medal.
Sec. 924. Clarification of procurement of commercial satellite communications services.
Sec. 925. Temporary exemption from authorized daily average of members in pay grades E–8 and E–9.
Sec. 926. One-time uniform allowance for members transferred to the Space Force.
Sec. 927. Rank and grade structure of the United States Space Force.
Sec. 928. Report on the role of the Naval Postgraduate School in space education.
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Pandemic Preparedness and Resilience National Security Fund.
Sec. 1004. Budget materials for special operations forces.
Sec. 1005. Department of Defense audit remediation plan.
Sec. 1006. Public availability of Department of Defense legislative proposals.
Sec. 1011. Support for counterdrug activities and activities to counter transnational organized crime affecting flow of drugs into the United States.
Sec. 1012. Congressional notification with respect to Department of Defense support provided to other United States agencies for counterdrug activities and activities to counter transnational organized crime.
Sec. 1021. Limitation on availability of certain funds without naval vessels plan and certification.
Sec. 1022. Limitations on use of funds in the National Defense Sealift Fund for purchase of foreign constructed vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally funded contracts to provide full funding for Columbia class submarines.
Sec. 1024. Preference for United States vessels in transporting supplies by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in foreign shipyards.
Sec. 1026. Biannual report on shipbuilder training and the defense industrial base.
Sec. 1027. Prohibition on use of funds for retirement of certain littoral combat ships.
Sec. 1028. Report on implementation of Commandant’s Planning Guidance.
Sec. 1029. Limitation on naval force structure changes.
Sec. 1031. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1032. Annual report on use of social media by foreign terrorist organizations.
Sec. 1041. Support of special operations to combat terrorism.
Sec. 1042. Prohibition on retirement of nuclear powered aircraft carriers before first refueling.
Sec. 1043. Required minimum inventory of tactical airlift aircraft.
Sec. 1044. Modification and technical correction to Department of Defense authority to provide assistance along the southern land border of the United States.
Sec. 1045. Battlefield airborne communications node certification requirement.
Sec. 1046. Requirements relating to newest generations of personal protective equipment.
Sec. 1047. Prohibition on use of funds for retirement of A–10 aircraft.
Sec. 1048. Mandatory criteria for strategic basing decisions.
Sec. 1049. Limitation on use of funds pending public availability of top-line numbers of deployed members of the Armed Forces.
Sec. 1050. Limitation on physical move, integration, reassignment, or shift in responsibility of Marine Forces Northern Command.
Sec. 1051. Conditions for permanently basing United States equipment or additional forces in host countries with at-risk vendors in 5G or 6G networks.
Sec. 1052. Curtailing Insurrection Act Violations of Individuals’ Liberties.
Sec. 1053. Prohibition on use of funds for discriminatory algorithmic decisionmaking systems.
Sec. 1054. Inclusion of explosive ordnance disposal in special operations activities.
Sec. 1055. Requirements in connection with use of personnel other than the militia or the Armed Forces to suppress interference with State and Federal law.
Sec. 1056. Limitation on deactivation, unmanning, or selling of Army watercraft assets pending comprehensive analysis of mobility requirements and capabilities.
Sec. 1101. Family and medical leave amendments.
Sec. 1102. Limitation on authority to exclude employees from chapter 71 of title 5.
Sec. 1103. Authority to provide travel and transportation allowances in connection with transfer ceremonies of department of defense and coast guard civilian employees who die overseas.
Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian employees working overseas.
Sec. 1105. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1106. Limiting the number of local wage areas defined within a pay locality.
Sec. 1107. Civilian Faculty At the Defense Security Cooperation University and Institute of Security Governance.
Sec. 1108. Expansion of authority for appointment of recently-retired members of the armed forces to positions at certain industrial base facilities.
Sec. 1109. Fire Fighters Alternative Work Schedule demonstration project.
Sec. 1110. Special rules for certain monthly workers’ compensation payments and other payments for Federal Government personnel under chief of mission authority.
Sec. 1111. Restoration of annual leave due to a pandemic.
Sec. 1112. Prohibition on downloading or using TikTok by Federal employees.
Sec. 1113. Telework travel expenses program of the United States Patent and Trademark Office.
Sec. 1114. Extension of rate of overtime pay authority for Department of the Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan.
Sec. 1115. Vacancy of Inspector General positions.
Sec. 1121. Short title.
Sec. 1122. Sense of Congress.
Sec. 1123. Notification of violation.
Sec. 1124. Reporting requirements.
Sec. 1125. Data to be posted by employing Federal agencies.
Sec. 1126. Data to be posted by the Equal Employment Opportunity Commission.
Sec. 1127. Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 amendments.
Sec. 1128. Nondisclosure agreement limitation.
Sec. 1131. Short title.
Sec. 1132. National Cyber Director.
Sec. 1201. Modification and extension of support of special operations for irregular warfare.
Sec. 1202. Department of Defense participation in European Program on Multilateral Exchange of Surface Transportation Services.
Sec. 1203. Extension of authority to transfer excess high mobility multipurpose wheeled vehicles to foreign countries.
Sec. 1204. Modification and extension of update of Department of Defense Freedom of Navigation Report.
Sec. 1205. Extension of report on workforce development.
Sec. 1206. Report on human rights and building partner capacity programs.
Sec. 1207. Extension of Department of Defense support for stabilization activities in national security interest of the United States.
Sec. 1211. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.
Sec. 1213. Limitation on use of funds to reduce deployment to Afghanistan.
Sec. 1214. Report on Operation Freedom Sentinel.
Sec. 1215. Modifications to immunity from seizure under judicial process of cultural objects.
Sec. 1216. Strategy for post-conflict engagement by the United States in Afghanistan.
Sec. 1217. Congressional oversight of United States talks with Taliban officials and Afghanistan’s comprehensive peace process.
Sec. 1218. Report on civilian casualties in Afghanistan.
Sec. 1221. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.
Sec. 1222. Extension of authority to provide assistance to the vetted Syrian opposition.
Sec. 1223. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of support to certain organizations.
Sec. 1225. Consolidated budget display and report on Operation Spartan Shield.
Sec. 1226. Sense of Congress on Peshmerga forces as a partner in Operation Inherent Resolve.
Sec. 1227. Report on the threat posed by Iranian-backed militias in Iraq.
Sec. 1231. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.
Sec. 1232. Extension of limitation on military cooperation between the United States and the Russian Federation.
Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1234. United States participation in the Open Skies Treaty.
Sec. 1235. Sense of Congress on support for Ukraine.
Sec. 1236. Report on presence of Russian military forces in other foreign countries.
Sec. 1237. Sense of Congress on the Open Skies Treaty.
Sec. 1238. Countering Russian and Other Overseas Kleptocracy.
Sec. 1239. Report on threats to the United States Armed Forces from the Russian Federation.
Sec. 1241. Limitations on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are stationed in Germany, to reduce the total number of members of the Armed Forces stationed in Europe, and to divest military infrastructure in Europe.
Sec. 1242. Sense of Congress reaffirming the commitment of the United States to NATO.
Sec. 1243. Sense of Congress on support for coordinated action to ensure the security of Baltic allies.
Sec. 1244. Sense of Congress on support for Estonia, Latvia, and Lithuania.
Sec. 1245. Sense of Congress on support for Georgia.
Sec. 1246. Sense of Congress on burden sharing by partners and allies.
Sec. 1247. Sense of Congress on NATO’s response to the COVID–19 pandemic.
Sec. 1248. Clarification and expansion of sanctions relating to construction of Nord Stream 2 or Turkstream pipeline projects.
Sec. 1249. Coordination of stockpiles with the North Atlantic Treaty Organization and other allies.
Sec. 1251. Indo-Pacific Reassurance Initiative.
Sec. 1252. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea.
Sec. 1253. Implementation of GAO recommendations on preparedness of United States forces to counter North Korean chemical and biological weapons.
Sec. 1254. Public reporting of Chinese military companies operating in the United States.
Sec. 1255. Independent study on the defense industrial base of the People’s Republic of China.
Sec. 1256. Deterrence strategy against Chinese-origin cyber attacks.
Sec. 1257. Report on China’s One Belt, One Road Initiative in Africa.
Sec. 1258. Sense of Congress on enhancement of the United States-Taiwan defense relationship.
Sec. 1259. Report on supply chain security cooperation with Taiwan.
Sec. 1260. Report on United States-Taiwan medical security partnership.
Sec. 1260A. Report on United Front Work Department.
Sec. 1260B. Sense of Congress on cross-border violence between the People’s Republic of China and India and the growing territorial claims of China.
Sec. 1260C. Sense of Congress on United States commitments to Pacific allies.
Sec. 1260D. Restrictions on export, reexport, and in-country transfers of certain items that provide a critical capability to the Government of the People’s Republic of China to suppress individual privacy, freedom, and other basic human rights.
Sec. 1260E. Prohibition on commercial export of covered defense articles and services and covered munitions items to the Hong Kong Police.
Sec. 1260F. Southeast Asia Strategy.
Sec. 1260G. Sense of Congress on strategic security relationship between the United States and Mongolia.
Sec. 1261. Provision of goods and services to Kwajalein Atoll.
Sec. 1262. Annual briefings on certain foreign military bases of adversaries.
Sec. 1263. Report on progress of the Department of Defense with respect to denying a fait accompli by a strategic competitor against a covered defense partner.
Sec. 1264. Modification to requirements of the initiative to support protection of national security academic researchers from undue influence and other security threats.
Sec. 1265. Report on directed use of fishing fleets.
Sec. 1266. Expanding the state partnership program in Africa.
Sec. 1267. Report relating to reduction in the total number of United States Armed Forces deployed to United States Africa Command area of responsibility.
Sec. 1268. Report on enhancing partnerships between the United States and African countries.
Sec. 1269. Sense of Congress with respect to Qatar.
Sec. 1270. Sense of Congress on United States military support for and participation in the Multinational Force and Observers.
Sec. 1271. Report on us military support of the Saudi-led coalition in Yemen.
Sec. 1272. Prohibition on support for military participation against the Houthis.
Sec. 1273. Rule of construction relating to use of military force.
Sec. 1274. Countering white identity terrorism globally.
Sec. 1275. Yemen.
Sec. 1276. Establishment of the Office of Subnational Diplomacy.
Sec. 1277. Report and strategy to address gross violations of human rights and civilian harm in Burkina Faso, Mali, and Niger.
Sec. 1278. Assessment of effectiveness of United States policies relating to exports of United States-origin Unmanned Aerial Systems that are assessed to be “Category I” items under the Missile Technology Control Regime.
Sec. 1279. Sense of Congress on the United States Israel relationship.
Sec. 1280. Feasibility study on increased rotational deployments to Greece and enhancement of United States-Greece diplomatic engagement.
Sec. 1281. Report on internally displaced peoples in Ukraine, Georgia, Moldova, and Azerbaijan.
Sec. 1282. Sense of Congress on cross-border violence in the Galwan Valley and the growing territorial claims of the People’s Republic of China.
Sec. 1283. Enhancing Engagement with the Caribbean.
Sec. 1284. Amendments to annual Country Reports on Human Rights Practices.
Sec. 1285. Establishment of National Commission on U.S. Counterterrorism Policy.
Sec. 1286. Program to prevent, mitigate, and respond to civilian harm as a result of military operations in Somalia.
Sec. 1287. Sense of Congress regarding Japan and SMA report draft.
Sec. 1288. Sense of Congress relating to Grand Ethiopian Renaissance Dam.
Sec. 1289. Report on all comprehensive sanctions imposed on foreign governments.
Sec. 1290. Limitation on assistance to Brazil.
Sec. 1291. United States Agency for Global Media.
Sec. 1292. Determination and imposition of sanctions with respect to Turkey’s acquisition of the S–400 air and missile defense system.
Sec. 1293. Report on incidents of arbitrary detention, violence, and state-sanctioned harassment by the Government of Egypt against United States citizens and their family members who are not United States citizens.
Sec. 1294. Establishment of the Open Technology Fund.
Sec. 1295. Sense of Congress on payment of amounts owed by Kuwait to United States medical institutions.
Sec. 1296. Protection and promotion of internationally recognized human rights during the novel coronavirus pandemic.
Sec. 1297. Review of Department of Defense compliance with “Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts”.
Sec. 1298. Promoting human rights in Colombia.
Sec. 1299. Waiver of passport fees for certain individuals.
Sec. 1299A. Report on Venezuela.
Sec. 1299B. Prohibition on use of funds for aerial fumigation.
Sec. 1299C. Report on support for democratic reforms by the Government of the Republic of Georgia.
Sec. 1299D. Assessment on modernization targets of the People’s Liberation Army.
Sec. 1299E. Mitigation and prevention of atrocities in high-risk countries.
Sec. 1299F. Resumption of Peace Corps operations.
Sec. 1299G. Transfer of excess naval vessels to the Government of Egypt.
Sec. 1299H. Limitation on production of nuclear proliferation assessment statements.
Sec. 1299I. Report on Mexican Security Forces.
Sec. 1299J. Matters relating to Cooperative Threat Reduction programs and weapons of mass destruction terrorism.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Report on foreign influence campaigns targeting United States Federal elections.
Sec. 1299M–1. Short title.
Sec. 1299M–2. Sense of Congress.
Sec. 1299M–3. Assistance to improve early childhood outcomes globally.
Sec. 1299M–4. Special advisor for assistance to orphans and vulnerable children.
Sec. 1299M–5. Rule of construction.
Sec. 1299N–1. Short title.
Sec. 1299N–2. Global Health Security Agenda Interagency Review Council.
Sec. 1299N–3. United States Coordinator for Global Health Security.
Sec. 1299N–4. Strategy and reports.
Sec. 1299N–5. Compliance with the Foreign Aid Transparency and Accountability Act of 2016.
Sec. 1299N–6. Definitions.
Sec. 1299N–7. Sunset.
Sec. 1299O–1. Short title.
Sec. 1299O–2. Assistance for United States nationals unlawfully or wrongfully detained abroad.
Sec. 1299O–3. Special Envoy for Hostage Affairs.
Sec. 1299O–4. Hostage Recovery Fusion Cell.
Sec. 1299O–5. Hostage Response Group.
Sec. 1299O–6. Authorization of imposition of sanctions.
Sec. 1299O–7. Definitions.
Sec. 1299O–8. Rule of construction.
Sec. 1299P–1. Actions to advance prosperity in the Northern Triangle.
Sec. 1299P–2. Actions to combat corruption in the Northern Triangle.
Sec. 1299P–3. Actions to strengthen democratic institutions in the Northern Triangle.
Sec. 1299P–4. Actions to improve security conditions in the Northern Triangle.
Sec. 1299P–5. Targeted sanctions to fight corruption in the Northern Triangle.
Sec. 1299P–6. Definitions.
Sec. 1299Q–1. Foreign military loan authority.
Sec. 1299Q–2. Authorization of rewards for providing information on foreign election interference.
Sec. 1299Q–3. Report on NATO member contributions.
Sec. 1299Q–4. Report on capability and capacity requirements of military forces of Ukraine and resource plan for security assistance.
Sec. 1299Q–5. Efforts to counter malign authoritarian influence.
Sec. 1299R–1. Short title.
Sec. 1299R–2. Definitions.
Sec. 1299R–3. Statement of policy.
Sec. 1299R–4. Support for democratic governance, rule of law, human rights, and fundamental freedoms.
Sec. 1299R–5. Support for development programs.
Sec. 1299R–6. Support for conflict mitigation.
Sec. 1299R–7. Support for accountability for war crimes, crimes against humanity, and genocide in Sudan.
Sec. 1299R–8. Suspension of assistance.
Sec. 1299R–9. Multilateral assistance.
Sec. 1299R–10. Coordinated support to recover assets stolen from the Sudanese people.
Sec. 1299R–11. Limitation on assistance to the Sudanese security and intelligence services.
Sec. 1299R–12. Authorization of imposition of sanctions with respect to certain Government of Sudan officials and other individuals.
Sec. 1299R–13. Reports.
Sec. 1299R–14. United States strategy for support to a civilian-led government in Sudan.
Sec. 1299R–15. Amendments to the Darfur Peace and Accountability Act of 2006.
Sec. 1299R–16. Repeal of Sudan Peace Act and the Comprehensive Peace in Sudan Act.
Sec. 1299S–1. Short title.
Sec. 1299S–2. Public availability of data pertaining to measures of performance of the Afghan National Defense and Security Forces.
Sec. 1299S–3. District-level stability assessments of Afghan government and insurgent control and influence.
Sec. 1299T–1. Short title.
Sec. 1299T–2. Sense of Congress.
Sec. 1299T–3. Annual deadline for trafficking in persons report.
Sec. 1299T–4. United States Advisory Council on Human Trafficking.
Sec. 1299T–5. Timely provision of information to the Office to Monitor and Combat Trafficking in Persons of the Department of State.
Sec. 1299T–6. Reports to Congress.
Sec. 1299T–7. Definitions.
Sec. 1301. Funding allocations; specification of cooperative threat reduction funds.
Sec. 1302. Sense of Congress regarding biological threat reduction and cooperative biological engagement of the Cooperative Threat Reduction Program.
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Sec. 1406. National defense sealift fund.
Sec. 1411. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health Program.
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Sec. 1521. Afghanistan security forces fund.
Sec. 1522. Report on transitioning funding.
Sec. 1601. National Security Space Launch program.
Sec. 1602. Requirement to buy certain satellite component from national technology and industrial base.
Sec. 1603. Commercial space domain awareness capabilities.
Sec. 1604. Responsive satellite infrastructure.
Sec. 1605. Policy to ensure launch of small-class payloads.
Sec. 1606. Tactically responsive space launch operations.
Sec. 1607. Limitation on availability of funds for prototype program for multi-global navigation satellite system receiver development.
Sec. 1608. Limitation on awarding contracts to entities operating commercial terrestrial communication networks that cause interference with the Global Positioning System.
Sec. 1609. Prohibition on availability of funds for certain purposes relating to the Global Positioning System.
Sec. 1610. Report on resilient protected communications satellites.
Sec. 1610A. Permanent personnel management authority for Space Development Agency for experts in science and engineering.
Sec. 1610B. Report on effect of COVID–19 on space industrial base and space programs of Department of Defense.
Sec. 1610C. Satellite ground network frequency licensing.
Sec. 1611. Validation of capability requirements of National Geospatial-Intelligence Agency.
Sec. 1612. Safety of navigation mission of the National Geospatial-Intelligence Agency.
Sec. 1613. National Academies Climate Security Roundtable.
Sec. 1614. Report on risk to national security posed by quantum computing technologies.
Sec. 1621. Cyber mission forces and cyberspace operations forces.
Sec. 1622. Cyberspace solarium commission.
Sec. 1623. Tailored cyberspace operations organizations.
Sec. 1624. Responsibility for the Sector Risk Management Agency function of the Department of Defense.
Sec. 1625. Department of Defense Cyber Workforce Efforts.
Sec. 1626. Reporting requirements for cross domain compromises and exemptions to policies for information technology.
Sec. 1627. Assessing private-public collaboration in cybersecurity.
Sec. 1628. Cyber capabilities and interoperability of the National Guard.
Sec. 1629. Evaluation of non-traditional cyber support to the Department of Defense.
Sec. 1630. Establishment of integrated cyber center.
Sec. 1631. Cyber threat information collaboration environment.
Sec. 1632. Defense industrial base participation in a threat intelligence sharing program.
Sec. 1633. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity.
Sec. 1634. Defense industrial base cybersecurity threat hunting and sensing, discovery, and mitigation.
Sec. 1635. Defense Digital Service.
Sec. 1636. Limitation of funding for National Defense University.
Sec. 1637. Critical infrastructure cyber incident reporting procedures.
Sec. 1638. Funding for National Center for Hardware and Embedded Systems Security and Trust.
Sec. 1639. Strengthening Federal networks.
Sec. 1640. DOD Cyber Hygiene and Cybersecurity Maturity Model Certification Framework.
Sec. 1640A. Subpoena authority.
Sec. 1640B. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard.
Sec. 1640C. CISA Cybersecurity Support to Agencies.
Sec. 1640D. Establishment in DHS of joint cyber planning office.
Sec. 1640E. Implementation of certain cybersecurity recommendations; cyber hygiene and Cybersecurity Maturity Model Certification Framework.
Sec. 1640F. Biennial national cyber exercise.
Sec. 1641. Coordination in transfer of funds by Department of Defense to National Nuclear Security Administration.
Sec. 1642. Exercises of nuclear command, control, and communications system.
Sec. 1643. Independent studies on nuclear weapons programs of certain foreign states.
Sec. 1644. Role of Secretary of Defense and Secretary of Energy on Nuclear Weapons Council.
Sec. 1645. Limitation on availability of funds relating to updates on meetings held by Nuclear Weapons Council.
Sec. 1646. Briefing on nuclear weapons storage and maintenance facilities of the Air Force.
Sec. 1651. Extension and modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs.
Sec. 1652. Extension of transition of ballistic missile defense programs to military departments.
Sec. 1653. Development of hypersonic and ballistic missile tracking space sensor payload.
Sec. 1654. Annual certification on hypersonic and ballistic missile tracking space sensor payload.
Sec. 1655. Alignment of the Missile Defense Agency within the Department of Defense.
Sec. 1656. Analysis of alternatives for homeland missile defense missions.
Sec. 1657. Next generation interceptors.
Sec. 1658. Oversight of next generation interceptor program.
Sec. 1659. Missile defense cooperation between the United States and Israel.
Sec. 1660. Report on defense of Guam from integrated air and missile threats.
Sec. 1661. Report on cruise missile defense.
Sec. 1671. Conventional prompt global strike.
Sec. 1672. Submission of reports under Missile Defense Review and Nuclear Posture Review.
Sec. 1673. Report on consideration of risks of inadvertent escalation to nuclear war.
Sec. 1674. Limitation on availability of funds relating to reports on missile systems and arms control treaties.
Sec. 1675. Cybersecurity and Infrastructure Security Agency review.
Sec. 1701. Review of support of special operations to combat terrorism.
Sec. 1702. FFRDC study of explosive ordnance disposal agencies.
Sec. 1703. Report on the Human Rights Office at United States Southern Command.
Sec. 1704. Report on joint training range exercises for the Pacific region.
Sec. 1705. Study on Chinese policies and influence in the development of international standards for emerging technologies.
Sec. 1706. Sense of Congress and strategy on catastrophic critical infrastructure failure response.
Sec. 1707. GAO study on the school-to-prison pipeline.
Sec. 1708. Department of Veterans Affairs report on unclaimed property.
Sec. 1709. Report regarding veterans who receive benefits under laws administered by the Secretary of Veterans Affairs.
Sec. 1710. GAO report on ZTE compliance with settlement agreement.
Sec. 1710A. GAO study of cybersecurity insurance.
Sec. 1710B. Report on recognition of African American servicemembers in Department of Defense naming practices.
Sec. 1710C. Report on Government police training and equipping programs.
Sec. 1710D. Deepfake report.
Sec. 1710E. Study on unemployment rate of women veterans who served on active duty in the Armed Forces after September 11, 2001.
Sec. 1710F. Report on the Oklahoma City National Memorial.
Sec. 1710G. Reports on military service academies.
Sec. 1710H. Independent study on identifying and addressing threats that individually or collectively affect national security, financial security, or both.
Sec. 1710I. Maritime security and domain awareness.
Sec. 1710J. Comptroller General report on Department of Defense processes for responding to congressional reporting requirements.
Sec. 1710K. Report on predatory social media and the military community.
Sec. 1710L. Report on transforming business processes for revolutionary change.
Sec. 1710M. Review and Report of experimentation with ticks and insects.
Sec. 1710N. Report on agile program and project management.
Sec. 1711. Short title.
Sec. 1712. Preservation of electronic messages and other records.
Sec. 1713. Presidential records.
Sec. 1721. Short title.
Sec. 1722. Findings.
Sec. 1723. Report; strategy.
Sec. 1731. Cooperation with Department of Homeland Security.
Sec. 1732. AMBER Alerts along major transportation routes.
Sec. 1733. AMBER Alert communication plans in the territories.
Sec. 1734. Government Accountability Office report.
Sec. 1741. Technical, conforming, and clerical amendments.
Sec. 1742. Addition of Chief of the National Guard Bureau to the list of officers providing reports of unfunded priorities.
Sec. 1743. Acceptance of property by military academies and museums.
Sec. 1744. Reauthorization of National Oceanographic Partnership Program.
Sec. 1745. Requirements relating to program and project management.
Sec. 1746. Quarterly briefings on Joint All Domain Command and Control concept.
Sec. 1747. Resources to implement a Department of Defense policy on civilian casualties in connection with United States military operations.
Sec. 1748. Sense of Congress regarding reporting of civilian casualties resulting from United States military operations.
Sec. 1749. Prohibition of public display of Confederate battle flag on Department of Defense property.
Sec. 1750. Deployment of real-time status of special use airspace.
Sec. 1751. Duties of Secretary under Uniformed and Overseas Citizens Absentee Voting Act.
Sec. 1752. Publicly available database of casualties of members of the Armed Forces.
Sec. 1753. Notice and comment for proposed actions of the Secretary of Defense relating to food and beverage ingredients.
Sec. 1754. Space strategies and assessment.
Sec. 1755. Nonimmigrant status for certain nationals of Portugal.
Sec. 1756. Sense of Congress on extension of limitations on importation of uranium from Russian Federation.
Sec. 1757. Authority to establish a movement coordination center pacific in the Indopacific region.
Sec. 1758. Establishment of vetting procedures and monitoring requirements for certain military training.
Sec. 1759. Women, Peace, and Security Act implementation.
Sec. 1760. Developing crisis capabilities to meet needs for homeland security-critical supplies.
Sec. 1761. Establishment of western emergency refined petroleum products reserve.
Sec. 1762. Foreign state computer intrusions.
Sec. 1763. Online and distance education classes and nonimmigrant visas.
Sec. 1764. Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for maintenance by National Cemetery Administration.
Sec. 1765. Mitigation of helicopter noise.
Sec. 1766. Department of Defense support for certain sporting events.
Sec. 1767. Pilot program for online real estate inventory tool.
Sec. 1768. Establishment of Southern New England Regional Commission.
Sec. 1769. FedRamp Authorization Act.
Sec. 1770. Taxpayers Right-To-Know Act.
Sec. 1771. Building United States capacity for verification and manufacturing of advanced microelectronics.
Sec. 1772. Threshold for reporting additions to toxics release inventory.
Sec. 1773. Hemp products.
Sec. 1774. Exemption from Paperwork Reduction Act.
Sec. 1775. Support for the designation of National Borinqueneers Day.
Sec. 1776. Temporary relief for private student loan borrowers.
Sec. 1777. Support for national maritime heritage grants program.
Sec. 1778. Extension of time to review World War I Valor Medals.
Sec. 1779. Ensuring Chinese debt transparency.
Sec. 1780. Strategy to secure email.
Sec. 1781. Report on threat posed by domestic terrorists.
Sec. 1782. Domestic procurement of tungsten and tungsten powder.
Sec. 1783. Department of defense mechanism for provision of dissenting views.
Sec. 1784. Sector Risk Management Agencies.
Sec. 1785. Integration of members of the Armed Forces who are minorities.
Sec. 1786. Policy on conscious and unconscious gender bias.
Sec. 1787. Protections for pregnant members of the Armed Forces.
Sec. 1788. Release of Department of Defense documents on the 1981 El Mozote massacre in El Salvador.
Sec. 1789. Study and establishment of the Assistant Deputy Secretary for Environment and Resilience.
Sec. 1790. Expansion of eligibility for HUD–VASH.
Sec. 1791. Waiver authority with respect to institutions located in an area affected by Hurricane Maria.
Sec. 1792. Credit monitoring.
Sec. 1793. Department of Homeland Security CISA Director term limitation.
Sec. 1794. Workforce issues for military realignments in the Pacific.
Sec. 1795. Inclusion on the Vietnam Veterans Memorial Wall of the names of the lost crew members of the U.S.S. Frank E. Evans killed on June 3, 1969.
Sec. 1796. Study on viability of seawater mining for critical minerals.
Sec. 1797. Restrictions on Confucius Institutes.
Sec. 1798. Disclosure requirement.
Sec. 1799. Increased realism and training effectiveness for airborne anti-submarine warfare training at offshore training ranges.
Sec. 1800. Review of use of innovative wood product technology.
Sec. 1801. Strategy to increase participation in international military education and training programs.
Sec. 1802. Establishment of Office of Cyber Engagement of the Department of Veterans Affairs.
Sec. 1803. Certified notice at completion of an assessment.
Sec. 1804. Department of Homeland Security acquisition documentation.
Sec. 1805. Large-scale non-intrusive inspection scanning plan.
Sec. 1806. National supply chain database.
Sec. 1807. Coordination with Hollings Manufacturing Extension Partnership Centers.
Sec. 1808. COVID–19 Emergency Medical Supplies Enhancement.
Sec. 1809. Prohibition on provision of grant funds to entities that have violated intellectual property rights of United States entities.
Sec. 1810. Disclosure of imports from the Xinjiang Uyghur Autonomous Region.
Sec. 1811. Ted Stevens Center for Arctic Security Studies.
Sec. 1812. Payments for private education loan borrowers, as a result of COVID–19.
Sec. 1821. Semiconductor incentive grants.
Sec. 1822. Department of Commerce study on status of semiconductors technologies in the United States industrial base.
Sec. 1823. Funding for development and adoption of secure semiconductor and secure semiconductor supply chains.
Sec. 1824. Advanced semiconductor research and design.
Sec. 1825. Prohibition relating to foreign entities of concern.
Sec. 1831. Short title.
Sec. 1832. Findings.
Sec. 1833. Definitions.
Sec. 1834. Grants for State Seal of Biliteracy programs.
Sec. 1841. Short title.
Sec. 1842. Findings.
Sec. 1843. United States support for graduation of China from World Bank assistance.
Sec. 1844. Accountability for World Bank loans to the People’s Republic of China.
Sec. 1845. Ensuring debt transparency with respect to the Belt and Road Initiative.
Sec. 1851. Short title.
Sec. 1852. Sense of the Congress.
Sec. 1853. Fairness for Taiwan nationals regarding employment at international financial institutions.
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Sec. 2003. Effective date.
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Limitation on military construction project at Kwajalein Atoll.
Sec. 2105. Modification of authority to carry out certain fiscal year 2017 project.
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing and improvements to military family housing units.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing and improvements to military family housing units.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Modification of authority to carry out certain fiscal year 2018 project.
Sec. 2305. Modification of authority to carry out certain fiscal year 2019 projects.
Sec. 2306. Modification of authority to carry out certain fiscal year 2020 projects.
Sec. 2307. Technical corrections related to authority to carry out certain fiscal year 2020 family housing projects.
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Military construction infrastructure and weapon system synchronization for Ground Based Strategic Deterrent.
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. State of Qatar funded construction projects.
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year 2020 project.
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account.
Sec. 2801. Modification and clarification of construction authority in the event of a declaration of war or national emergency.
Sec. 2802. Extension of sunset for annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities.
Sec. 2803. Modification of reporting requirement regarding cost increases associated with certain military construction projects and military family housing projects.
Sec. 2804. Expansion of Department of Defense land exchange authority.
Sec. 2805. Congressional project authorization required for military construction projects for energy resilience, energy security, and energy conservation.
Sec. 2806. One-year extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.
Sec. 2807. Pilot Program to support combatant command military construction priorities.
Sec. 2808. Biannual report regarding military installations supported by disaster relief appropriations.
Sec. 2811. Expenditure priorities in using Department of Defense Family Housing Improvement Fund.
Sec. 2812. Promulgation of guidance to facilitate return of military families displaced from privatized military housing.
Sec. 2813. Promulgation of guidance on mold mitigation in privatized military housing.
Sec. 2814. Expansion of uniform code of basic standards for privatized military housing and hazard and habitability inspection and assessment requirements to Government-owned and Government-controlled military family housing.
Sec. 2815. Establishment of Exceptional Family Member Program housing liaison.
Sec. 2816. Department of Defense report on criteria and metrics used to evaluate performance of landlords of privatized military housing that receive incentive fees.
Sec. 2817. Report on Department of Defense efforts regarding oversight and role in management of privatized military housing.
Sec. 2818. Improved Department of Defense and landlord response to identification and remediation of severe environmental health hazards in military housing.
Sec. 2819. Inclusion of assessment of performance metrics in annual publication on use of incentive fees for privatized military housing projects.
Sec. 2821. Codification of reporting requirements regarding United States overseas military enduring locations and contingency locations.
Sec. 2822. Limitations on renewal of utility privatization contracts.
Sec. 2823. Vesting exercise of discretion with Service Secretaries regarding entering into longer-term contracts for utility services.
Sec. 2824. Use of on-site energy production to promote military installation energy resilience and energy security.
Sec. 2825. Availability of Energy Resilience and Conservation Investment Program funds for certain activities related to privatized utility systems.
Sec. 2826. Improving water management and security on military installations.
Sec. 2827. Pilot program to test use of emergency diesel generators in a microgrid configuration at certain military installations.
Sec. 2828. Improved electrical metering of Department of Defense infrastructure supporting critical missions.
Sec. 2829. Renaming certain military installations and other defense property.
Sec. 2831. Land conveyance, Camp Navajo, Arizona.
Sec. 2832. Modification of land exchange involving Naval Industrial Reserve Ordnance Plant, Sunnyvale, California.
Sec. 2833. Land conveyance, Sharpe Army Depot, lathrop, California.
Sec. 2834. Land exchange, San Bernardino County, California.
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System receiving station, Modoc County, California.
Sec. 2836. Transfer of administrative jurisdiction, Naval Support Activity Panama City, Florida, parcel.
Sec. 2837. Land conveyance, Milan Army Ammunition Plant, Tennessee.
Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval Air Facility, El Centro, California.
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and reservation.
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and reservation.
Sec. 2844. Additional requirements regarding Nevada Test and Training Range.
Sec. 2845. Specified duration of White Sands Missile Range land withdrawal and reservation and establishment of special reservation area for northern and western extension areas.
Sec. 2846. Grand Canyon Centennial Protection Act.
Sec. 2851. Change to biennial reporting requirement for Interagency Coordination Group of Inspectors General for Guam Realignment.
Sec. 2852. Additional exception to restriction on development of public infrastructure in connection with realignment of Marine Corps forces in Asia-Pacific region.
Sec. 2853. Development of master plan for infrastructure to support rotational Armed Forces in Australia.
Sec. 2854. Study and strategy regarding bulk fuels management in United States Indo-Pacific Command Area of Responsibility.
Sec. 2855. Department of Defense report on easements and leased lands in Hawai‘i.
Sec. 2861. Defense Community Infrastructure Program.
Sec. 2862. Pilot program on reduction of effects of military aviation noise on certain covered property.
Sec. 2863. Department of Defense policy for regulation of dangerous dogs in military communities.
Sec. 2864. Responsibility of Navy for military construction requirements for certain Fleet Readiness Centers.
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition projects.
Sec. 2903. Authorization of appropriations.
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Sec. 3111. Nuclear warhead acquisition processes.
Sec. 3112. Uncosted and unobligated amounts of National Nuclear Security Administration.
Sec. 3113. Extension of limitation relating to reclassification of high-level waste.
Sec. 3114. Extension of pilot program on unavailability for overhead costs of amounts specified for laboratory-directed research and development.
Sec. 3115. Plutonium pit production.
Sec. 3116. Program for research and development of advanced naval nuclear fuel system based on low-enriched uranium.
Sec. 3117. Independent study on effects of use of nuclear weapons.
Sec. 3118. Reports on diversity of certain contractor employees of National Nuclear Security Administration.
Sec. 3119. Findings, purpose, and apology relating to fallout emitted during the Government's atmospheric nuclear tests.
Sec. 3120. Sense of Congress regarding uranium mining and nuclear testing.
Sec. 3121. Prohibition on use of funds for nuclear weapons test explosions.
Sec. 3122. Sense of Congress on the Energy Employees Occupational Illness Compensation Program.
Sec. 3201. Authorization.
Sec. 3401. Authorization of appropriations.
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Sense of Congress regarding role of domestic maritime industry in national security.
Sec. 3503. Nonapplicability of requirement relating to minimum number of operating days for vessels operating under MSP Operating Agreements.
Sec. 3504. Improvements to process for waiving navigation and vessel-inspection laws.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Centers of excellence for domestic maritime workforce training and education: technical amendments.
Sec. 3507. Merchant mariner education loan program.
Sec. 3508. Assistance for inland and small coastal ports and terminals.
Sec. 3509. National Shipper Advisory Committee.
Sec. 3510. Sea year cadets on cable security fleet and tanker security fleet vessels.
Sec. 3510A. Superintendent of the United States Merchant Marine Academy.
Sec. 3510B. Maritime academy information.
Sec. 3510C. Mariner licensing and credentialing.
Sec. 3510D. National Shipper Advisory Committee.
Sec. 3511. Tanker Security Fleet.
Sec. 3601. Public service announcement campaign to address farm and ranch mental health.
Sec. 3602. Employee training program to manage farmer and rancher stress.
Sec. 3603. Task force for assessment of causes of mental stress and best practices for response.
Sec. 4001. Authorization of amounts in funding tables.
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4701. Department of energy national security programs.
Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Definitions.
Sec. 5101. National Artificial Intelligence Initiative.
Sec. 5102. National Artificial Intelligence Initiative Office.
Sec. 5103. Coordination by Interagency Committee.
Sec. 5104. National Artificial Intelligence Advisory Committee.
Sec. 5105. National Academies artificial intelligence impact study on workforce.
Sec. 5106. GAO report on computational needs.
Sec. 5107. National AI Research Resource Task Force.
Sec. 5108. Sense of Congress.
Sec. 5109. Rule of construction regarding ethical artificial intelligence.
Sec. 5201. National Artificial Intelligence Research Institutes.
Sec. 5301. National Institute of Standards and Technology activities.
Sec. 5302. National Oceanic and Atmospheric Administration Artificial Intelligence Center.
Sec. 5401. Artificial intelligence research and education.
Sec. 5501. Department of Energy Artificial Intelligence Research Program.
Sec. 5502. Department of Energy Veterans’ Health Initiative.
Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Transparent incorporation practices.
Sec. 6004. Studies and reports.
Sec. 6005. Definitions.
Sec. 7001. Short title.
Sec. 7002. Bank Secrecy Act definition.
Sec. 7101. Improving the definition and purpose of the Bank Secrecy Act.
Sec. 7102. Special hiring authority.
Sec. 7103. Civil Liberties and Privacy Officer.
Sec. 7104. Civil Liberties and Privacy Council.
Sec. 7105. International coordination.
Sec. 7106. Treasury Attachés Program.
Sec. 7107. Increasing technical assistance for international cooperation.
Sec. 7108. FinCEN Domestic Liaisons.
Sec. 7109. FinCEN Exchange.
Sec. 7110. Study and strategy on trade-based money laundering.
Sec. 7111. Study and strategy on de-risking.
Sec. 7112. AML examination authority delegation study.
Sec. 7113. Study and strategy on Chinese money laundering.
Sec. 7201. Pilot program on sharing of suspicious activity reports within a financial group.
Sec. 7202. Sharing of compliance resources.
Sec. 7203. GAO Study on feedback loops.
Sec. 7204. FinCEN study on BSA value.
Sec. 7205. Sharing of threat pattern and trend information.
Sec. 7206. Modernization and upgrading whistleblower protections.
Sec. 7207. Certain violators barred from serving on boards of United States financial institutions.
Sec. 7208. Additional damages for repeat Bank Secrecy Act violators.
Sec. 7209. Justice annual report on deferred and non-prosecution agreements.
Sec. 7210. Return of profits and bonuses.
Sec. 7211. Application of Bank Secrecy Act to dealers in antiquities.
Sec. 7212. Geographic targeting order.
Sec. 7213. Study and revisions to currency transaction reports and suspicious activity reports.
Sec. 7214. Streamlining requirements for currency transaction reports and suspicious activity reports.
Sec. 7301. Encouraging innovation in BSA compliance.
Sec. 7302. Innovation Labs.
Sec. 7303. Innovation Council.
Sec. 7304. Testing methods rulemaking.
Sec. 7305. FinCEN study on use of emerging technologies.
Sec. 7306. Discretionary surplus funds.
Sec. 101. Short title.
Sec. 102. Definition of Commandant.
Sec. 8001. Authorizations of appropriations.
Sec. 8002. Authorized levels of military strength and training.
Sec. 8003. Determination of budgetary effects.
Sec. 8004. Availability of amounts for acquisition of additional National Security Cutter.
Sec. 8005. Procurement authority for Polar Security Cutters.
Sec. 8006. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8007. Procurement authority for Great Lakes icebreaker.
Sec. 8008. Polar Security Cutter acquisition report.
Sec. 8009. Shoreside infrastructure.
Sec. 8010. Major acquisition systems infrastructure.
Sec. 8011. Polar icebreakers.
Sec. 8012. Acquisition of fast response cutter.
Sec. 9101. Grade on retirement.
Sec. 9102. Authority for officers to opt out of promotion board consideration.
Sec. 9103. Temporary promotion authority for officers in certain grades with critical skills.
Sec. 9104. Career intermission program.
Sec. 9105. Direct commissioning authority for individuals with critical skills.
Sec. 9106. Employment assistance.
Sec. 9201. Congressional affairs; Director.
Sec. 9202. Limitations on claims.
Sec. 9203. Renewal of temporary early retirement authority.
Sec. 9204. Major acquisitions; operation and sustainment costs.
Sec. 9205. Support of women serving in the Coast Guard.
Sec. 9206. Disposition of infrastructure related to E–LORAN.
Sec. 9207. Positions of importance and responsibility.
Sec. 9208. Research projects; transactions other than contracts and grants.
Sec. 9209. Acquisition workforce authorities.
Sec. 9210. Vessel conversion, alteration, and repair projects.
Sec. 9211. Modification of acquisition process and procedures.
Sec. 9212. Establishment and purpose of Fund; definition.
Sec. 9213. Payments from Fund.
Sec. 9214. Determination of contributions to Fund.
Sec. 9215. Payments into Fund.
Sec. 9301. Report on child care and school-age care assistance for qualified families.
Sec. 9302. Review of family support services website and online tracking system.
Sec. 9303. Study and survey on Coast Guard child care needs.
Sec. 9304. Pilot program to expand access to child care.
Sec. 9305. Improvements to Coast Guard-owned family housing.
Sec. 9306. Briefing on transfer of family child care provider qualifications and certifications.
Sec. 9307. Inspections of Coast Guard child development centers and family child care providers.
Sec. 9308. Expanding opportunities for family child care.
Sec. 9309. Definitions.
Sec. 9401. Modifications of certain reporting requirements.
Sec. 9402. Report on cybersecurity workforce.
Sec. 9403. Report on navigation and bridge resource management.
Sec. 9404. Report on helicopter life-cycle support and recapitalization.
Sec. 9405. Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States.
Sec. 9406. Study and report on Coast Guard interdiction of illicit drugs in transit zones.
Sec. 9407. Report on liability limits set in section 1004 of the Oil Pollution Act of 1990.
Sec. 9408. Report on Coast Guard defense readiness resources allocation.
Sec. 9409. Report on the feasibility of liquefied natural gas fueled vessels.
Sec. 9410. Coast Guard authorities study.
Sec. 9411. Report on effects of climate change on Coast Guard.
Sec. 9412. Shore infrastructure.
Sec. 9413. Coast Guard housing; status and authorities briefing.
Sec. 9414. Physical access control system report.
Sec. 9415. Study on Certificate of Compliance inspection program with respect to vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels.
Sec. 9416. Comptroller General of the United States review and report on Coast Guard’s International Port Security Program.
Sec. 9417. Comptroller General of the United States review and report on surge capacity of the Coast Guard.
Sec. 9418. Comptroller General of the United States review and report on marine inspections program of Coast Guard.
Sec. 9419. Comptroller General of the United States review and report on information technology program of Coast Guard.
Sec. 9420. Comptroller General of the United States study and report on access to health care by members of Coast Guard and dependents.
Sec. 9421. Comptroller General of the United States study and report on medical staffing standards and needs for Coast Guard.
Sec. 9422. Report on fast response cutters, offshore patrol cutters, and national security cutters.
Sec. 9501. Short title.
Sec. 9502. Coast Guard Academy study.
Sec. 9503. Annual report.
Sec. 9504. Assessment of Coast Guard Academy admission processes.
Sec. 9505. Coast Guard Academy minority outreach team program.
Sec. 9506. Coast Guard college student pre-commissioning initiative.
Sec. 9507. Annual board of visitors.
Sec. 9508. Homeland Security rotational cybersecurity research program at Coast Guard Academy.
Sec. 9601. Strategy on leadership of Coast Guard.
Sec. 9602. Expedited transfer in cases of sexual assault; dependents of members of the Coast Guard.
Sec. 9603. Access to resources during creosote-related building closures at Coast Guard Base Seattle, Washington.
Sec. 9604. Southern resident orca conservation and enforcement.
Sec. 9605. Sense of Congress and report on implementation of policy on issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service.
Sec. 9606. Inspector General report on access to Equal Opportunity Advisors and Equal Employment Opportunity Specialists.
Sec. 9607. Insider Threat Program.
Sec. 10101. Electronic charts; equivalency.
Sec. 10102. Subrogated claims.
Sec. 10103. Loan provisions under Oil Pollution Act of 1990.
Sec. 10104. Oil pollution research and development program.
Sec. 10105. Limited indemnity provisions in standby oil spill response contracts.
Sec. 10201. Passenger vessel security and safety requirements; application.
Sec. 10202. Small passenger vessels and uninspected passenger vessels.
Sec. 10203. Non-operating individual.
Sec. 10204. Conforming amendments: training; public safety personnel.
Sec. 10205. Maritime transportation assessment.
Sec. 10206. Engine cut-off switches; use requirement.
Sec. 10207. Authority to waive operator of self-propelled uninspected passenger vessel requirements.
Sec. 10208. Exemptions and equivalents.
Sec. 10209. Waiver of navigation and vessel inspection laws.
Sec. 10210. Renewal of merchant mariner licenses and documents.
Sec. 10211. Certificate extensions.
Sec. 10212. Vessel safety standards.
Sec. 10213. Medical standards.
Sec. 10301. Advisory committees.
Sec. 10302. Maritime Transportation System National Advisory Committee.
Sec. 10303. Expired maritime liens.
Sec. 10304. Great Lakes Pilotage Advisory Committee.
Sec. 10305. National Commercial Fishing Safety Advisory Committee.
Sec. 10306. Exemption of commercial fishing vessels operating in Alaskan Region from Global Maritime Distress and Safety System requirements of Federal Communications Commission.
Sec. 10401. Port, harbor, and coastal facility security.
Sec. 10402. Aiming laser pointer at vessel.
Sec. 10403. Safety of special activities.
Sec. 10404. Security plans; reviews.
Sec. 10405. Vessel traffic service.
Sec. 10406. Transportation work identification card pilot program.
Sec. 11101. Coastwise trade.
Sec. 11102. Towing vessels operating outside boundary line.
Sec. 11103. Sense of Congress regarding the maritime industry of the United States.
Sec. 11104. Cargo preference study.
Sec. 11105. Towing vessel inspection fees.
Sec. 11201. Unmanned maritime systems and satellite vessel tracking technologies.
Sec. 11202. Unmanned aircraft systems testing.
Sec. 11203. Land-based unmanned aircraft system program of Coast Guard.
Sec. 11204. Prohibition on operation or procurement of foreign-made unmanned aircraft systems.
Sec. 11205. United States commercial space-based radio frequency maritime domain awareness testing and evaluation program.
Sec. 11206. Authorization of use of automatic identification systems devices to mark fishing equipment.
Sec. 11301. Coast Guard Arctic prioritization.
Sec. 11302. Arctic PARS Native engagement.
Sec. 11303. Voting requirement.
Sec. 11304. Report on the Arctic capabilities of the Armed Forces.
Sec. 11305. Report on Arctic search and rescue.
Sec. 11306. Arctic Shipping Federal Advisory Committee.
Sec. 11401. Plan for wing-in-ground demonstration plan.
Sec. 11402. Northern Michigan oil spill response planning.
Sec. 11403. Documentation of LNG tankers.
Sec. 11404. Replacement vessel.
Sec. 11405. Educational vessel.
Sec. 11406. Waters deemed not navigable waters of the United States for certain purposes.
Sec. 11407. Anchorages.
Sec. 11408. Comptroller General of the United States study and report on vertical evacuation for tsunamis at Coast Guard Stations in Washington and Oregon.
Sec. 11409. Authority to enter into agreements with National Coast Guard Museum Association.
Sec. 11410. Formal sexual assault policies for passenger vessels.
Sec. 11411. Regulations for covered small passenger vessels.
Sec. 12001. Transfers.
Sec. 12002. Additional transfers.
Sec. 12003. License exemptions; repeal of obsolete provisions.
Sec. 12004. Maritime transportation system.
Sec. 12005. References to “persons” and “seamen”.
Sec. 12006. References to “himself” and “his”.
Sec. 12007. Miscellaneous technical corrections.
Sec. 12008. Technical corrections relating to codification of Ports and Waterways Safety Act.
Sec. 12009. Aids to navigation.
Sec. 12010. Transfers related to employees of Lighthouse Service.
Sec. 12011. Transfers related to surviving spouses of Lighthouse Service employees.
Sec. 12012. Repeals related to lighthouse statutes.
Sec. 13001. Short title.
Sec. 13002. Authorization of appropriations.
Sec. 13003. Unfinished proceedings.
Sec. 13004. Transfer of Federal Maritime Commission provisions.
Sec. 14001. Short title.
Sec. 14101. Sense of Congress on importance of Department of State’s work.
Sec. 14102. Bureau of Democracy, Human Rights, and Labor.
Sec. 14103. Assistant Secretary for International Narcotics and Law Enforcement Affairs.
Sec. 14104. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration.
Sec. 14105. Office of International Disability Rights.
Sec. 14106. Office of Global Women’s Issues.
Sec. 14107. Special appointments.
Sec. 14108. Anti-piracy information sharing.
Sec. 14109. Importance of foreign affairs training to national security.
Sec. 14110. Classification and assignment of Foreign Service officers.
Sec. 14111. Energy diplomacy and security within the Department of State.
Sec. 14112. The National Museum of American Diplomacy.
Sec. 14113. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments.
Sec. 14114. Art in embassies.
Sec. 14115. Amendment or repeal of reporting requirements.
Sec. 14116. Reporting on implementation of GAO recommendations.
Sec. 14117. Office of Global Criminal Justice.
Sec. 14201. Embassy security, construction, and maintenance.
Sec. 14202. Standard design in capital construction.
Sec. 14203. Capital construction transparency.
Sec. 14204. Contractor performance information.
Sec. 14205. Growth projections for new embassies and consulates.
Sec. 14206. Long-range planning process.
Sec. 14207. Value engineering and risk assessment.
Sec. 14208. Business volume.
Sec. 14209. Embassy security requests and deficiencies.
Sec. 14210. Overseas security briefings.
Sec. 14211. Contracting methods in capital construction.
Sec. 14212. Competition in embassy construction.
Sec. 14213. Statement of policy.
Sec. 14214. Definitions.
Sec. 14301. Defense Base Act insurance waivers.
Sec. 14302. Study on Foreign Service allowances.
Sec. 14303. Science and technology fellowships.
Sec. 14304. Travel for separated families.
Sec. 14305. Home leave travel for separated families.
Sec. 14306. Sense of Congress regarding certain fellowship programs.
Sec. 14307. Technical correction.
Sec. 14308. Foreign Service awards.
Sec. 14309. Diplomatic programs.
Sec. 14310. Sense of Congress regarding veterans employment at the Department of State.
Sec. 14311. Employee assignment restrictions and preclusions.
Sec. 14312. Recall and reemployment of career members.
Sec. 14313. Strategic staffing plan for the department.
Sec. 14314. Consulting services.
Sec. 14315. Incentives for critical posts.
Sec. 14316. Extension of authority for certain accountability review boards.
Sec. 14317. Foreign Service suspension without pay.
Sec. 14318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 14319. Waiver authority for individual occupational requirements of certain positions.
Sec. 14320. Appointment of employees to the Global Engagement Center.
Sec. 14321. Rest and recuperation and overseas operations leave for Federal employees.
Sec. 14401. Definitions.
Sec. 14402. Collection, analysis, and dissemination of workforce data.
Sec. 14403. Exit interviews for workforce.
Sec. 14404. Recruitment and retention.
Sec. 14405. Leadership engagement and accountability.
Sec. 14406. Professional development opportunities and tools.
Sec. 14407. Examination and oral assessment for the Foreign Service.
Sec. 14408. Payne fellowship authorization.
Sec. 14409. Voluntary participation.
Sec. 14501. Definitions.
Sec. 14502. Information system security.
Sec. 14503. Prohibition on contracting with certain telecommunications providers.
Sec. 14504. Preserving records of electronic communications conducted related to official duties of positions in the public trust of the American people.
Sec. 14505. Foreign Relations of the United States (FRUS) series and declassification.
Sec. 14506. Vulnerability Disclosure Policy and Bug Bounty Pilot Program.
Sec. 14601. Short title.
Sec. 14602. Avoiding duplication of programs and efforts.
Sec. 14603. Improving research and evaluation of public diplomacy.
Sec. 14604. Permanent reauthorization of the united states advisory commission on public diplomacy.
Sec. 14605. Streamlining of support functions.
Sec. 14606. Guidance for closure of public diplomacy facilities.
Sec. 14607. Definitions.
Sec. 14701. Sense of congress.
Sec. 14702. Annual assessment.
Sec. 14703. Transparency and accountability.
Sec. 14704. Designation of embassy anti-corruption points of contact.
Sec. 14705. Reporting requirements.
Sec. 14706. Foreign investments and national security.
Sec. 14801. Case-Zablocki Act Reform.
Sec. 14802. Limitation on assistance to countries in default.
Sec. 14803. Prohibition on assistance to governments supporting international terrorism.
Sec. 14804. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment.
Sec. 14805. Modification of authorities of Commission for the Preservation of America’s Heritage Abroad.
Sec. 14806. Chief of mission concurrence.
Sec. 15001. Short title.
Sec. 15002. Statement of policy.
Sec. 15003. Sense of Congress.
Sec. 15004. Determination with respect to primary money laundering concern of Russian illicit finance.
Sec. 16001. Short title.
Sec. 16002. Findings; sense of Congress.
Sec. 16003. In general.
Sec. 17001. Short title.
Sec. 17002. Findings.
Sec. 17003. GAO Study.
Sec. 18001. Short title.
Sec. 18002. Submission of data relating to diversity by issuers.
Sec. 18003. Diversity advisory group.
Sec. 19001. Short title.
Sec. 19002. Report on financial services benefitting state sponsors of terrorism, human rights abusers, and corrupt officials.
Sec. 19003. Waiver.
Sec. 19004. Definitions.
Sec. 19005. Sunset.
Sec. 20001. Short title.
Sec. 20101. Short title; definition.
Sec. 20102. Additions to National Wilderness Preservation System in the State of Colorado.
Sec. 20103. Administrative provisions.
Sec. 20104. Water.
Sec. 20105. Sense of Congress.
Sec. 20106. Department of defense study on impacts that the expansion of wilderness designations in the western united states would have on the readiness of the armed forces of the united states with respect to aviation training.
Sec. 20201. Short title.
Sec. 20202. Definitions.
Sec. 20211. South Fork Trinity-Mad River Restoration Area.
Sec. 20212. Redwood National and State Parks restoration.
Sec. 20213. California Public Lands Remediation Partnership.
Sec. 20214. Trinity Lake visitor center.
Sec. 20215. Del Norte County visitor center.
Sec. 20216. Management plans.
Sec. 20217. Study; partnerships related to overnight accommodations.
Sec. 20221. Horse Mountain Special Management Area.
Sec. 20222. Bigfoot National Recreation Trail.
Sec. 20223. Elk Camp Ridge Recreation Trail.
Sec. 20224. Trinity Lake Trail.
Sec. 20225. Trails study.
Sec. 20226. Construction of mountain bicycling routes.
Sec. 20227. Partnerships.
Sec. 20231. Designation of wilderness.
Sec. 20232. Administration of wilderness.
Sec. 20233. Designation of potential wilderness.
Sec. 20234. Designation of wild and scenic rivers.
Sec. 20235. Sanhedrin Special Conservation Management Area.
Sec. 20241. Maps and legal descriptions.
Sec. 20242. Updates to land and resource management plans.
Sec. 20243. Pacific Gas and Electric Company Utility facilities and rights-of-way.
Sec. 20301. Short title.
Sec. 20302. Definitions.
Sec. 20303. Designation of wilderness.
Sec. 20304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 20305. Administration of wilderness.
Sec. 20306. Designation of Wild and Scenic Rivers.
Sec. 20307. Designation of the Fox Mountain Potential Wilderness.
Sec. 20308. Designation of scenic areas.
Sec. 20309. Condor National Scenic Trail.
Sec. 20310. Forest service study.
Sec. 20311. Nonmotorized recreation opportunities.
Sec. 20312. Use by members of Tribes.
Sec. 20401. Short title.
Sec. 20402. Definition of State.
Sec. 20411. Purposes.
Sec. 20412. Definitions.
Sec. 20413. San Gabriel National Recreation Area.
Sec. 20414. Management.
Sec. 20415. Acquisition of non-Federal land within Recreation Area.
Sec. 20416. Water rights; water resource facilities; public roads; utility facilities.
Sec. 20417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 20418. San Gabriel National Recreation Area Partnership.
Sec. 20419. Visitor services and facilities.
Sec. 20421. Definitions.
Sec. 20422. National monument boundary modification.
Sec. 20423. Designation of Wilderness Areas and Additions.
Sec. 20424. Administration of Wilderness Areas and Additions.
Sec. 20425. Designation of Wild and Scenic Rivers.
Sec. 20426. Water rights.
Sec. 20501. Short title.
Sec. 20502. Boundary adjustment; land acquisition; administration.
Sec. 20601. Short title.
Sec. 20602. Designation of olympic national forest wilderness areas.
Sec. 20603. Wild and scenic river designations.
Sec. 20604. Existing rights and withdrawal.
Sec. 20605. Treaty rights.
Sec. 20701. Study on Flood Risk Mitigation.
Sec. 20801. Promoting health and wellness for veterans and servicemembers.
Sec. 20802. Fire, insects, and diseases.
Sec. 20803. Military activities.
Sec. 21001. Short title.
Sec. 21002. Definition of State.
Sec. 21101. Definitions.
Sec. 21102. Colorado Wilderness additions.
Sec. 21103. Williams Fork Mountains Wilderness.
Sec. 21104. Tenmile Recreation Management Area.
Sec. 21105. Porcupine Gulch Wildlife Conservation Area.
Sec. 21106. Williams Fork Mountains Wildlife Conservation Area.
Sec. 21107. Camp Hale National Historic Landscape.
Sec. 21108. White River National Forest Boundary modification.
Sec. 21109. Rocky Mountain National Park Potential Wilderness Boundary adjustment.
Sec. 21110. Administrative provisions.
Sec. 21201. Definitions.
Sec. 21202. Additions to National Wilderness Preservation System.
Sec. 21203. Special management areas.
Sec. 21204. Release of wilderness study areas.
Sec. 21205. Administrative provisions.
Sec. 21301. Purposes.
Sec. 21302. Definitions.
Sec. 21303. Thompson Divide Withdrawal and Protection Area.
Sec. 21304. Thompson Divide lease exchange.
Sec. 21305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program.
Sec. 21306. Effect.
Sec. 21401. Definitions.
Sec. 21402. Curecanti National Recreation Area.
Sec. 21403. Acquisition of land; boundary management.
Sec. 21404. General management plan.
Sec. 21405. Boundary survey.
In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Funds are hereby authorized to be appropriated for fiscal year 2021 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.
In accordance with section 2334(b) of title 10, United States Code, the Secretary of Defense shall ensure that an independent cost estimate of the full life-cycle cost of the FFG(X) frigate program of the Navy has been completed before the conclusion of milestone B of such program.
The Secretary of the Navy shall carry out a pilot program under which the Secretary shall experiment and innovate within the fleet using liquified natural gas technology to retrofit, modify, or build vessels capable of dual fueling (diesel and liquified natural gas) or powered by liquified natural gas alone.
(a) Modification of minimum inventory requirement.—Section 9062(h)(2) of title 10, United States Code, is amended by striking “36” and inserting “24”.
(b) Temporary authority To retire aircraft.—
(1) IN GENERAL.—Notwithstanding section 9062(h)(1) of title 10, United States Code, the Secretary of the Air Force may retire up to seventeen B–1 aircraft.
(2) TERMINATION OF AUTHORITY.—The authority of the Secretary of the Air Force to retire aircraft under paragraph (1) shall terminate on January 1, 2023.
(c) Preservation of certain aircraft and maintenance personnel.—Until the date on which the Secretary of the Air Force determines that the B–21 aircraft has attained initial operating capability, the Secretary—
(1) shall preserve each B–1 aircraft that is retired under subsection (b), in a manner that ensures the components and parts of such aircraft are maintained in reclaimable condition that is consistent with type 2000 recallable storage, or better; and
(2) may not reduce the number of billets assigned to maintenance of B–1 aircraft in effect on January 1, 2020.
Section 148(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1243) is amended by striking “for fiscal year 2020” and inserting “for any of fiscal years 2020 through 2025”.
Section 147(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1669) is amended by striking “certifies to the congressional defense committees that Increment 2 of the Advanced Battle-Management System of the Air Force has declared initial operational capability as defined in the Capability Development Document for the System” and inserting
“certifies to the congressional defense committees that—“(1) the Secretary has identified a replacement capability and capacity for the current fleet of 16 E–8 Joint Surveillance Target Attack Radar System aircraft to meet global combatant command requirements; and
“(2) such replacement delivers capabilities that are comparable or superior to the capabilities delivered by such aircraft.”.
(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of the Air Force for the Advanced Battle Management System, not more than 50 percent may be obligated or expended until—
(1) the Secretary of the Air Force certifies, in writing, to the Committees on Armed Services of the Senate and the House of Representatives that the Secretary will not retire, or prepare to retire, any RQ–4 aircraft during fiscal year 2021;
(2) (A) the Under Secretary of Defense for Acquisition and Sustainment certifies, in writing, to such Committees that, with respect to the RQ–4 aircraft, the validated operating and sustainment costs of any capability developed to replace the RQ–4 aircraft are less than the validated operating and sustainment costs for the RQ–4 aircraft on a comparable flight-hour cost basis; and
(B) the Chairman of the Joint Requirements Oversight Council certifies, in writing, to such Committees that any such capability to be fielded at the same time or before the retirement of the RQ–4 aircraft would result in equal or greater capability available to the commanders of the combatant commands and would not result in less capacity available to the commanders of the combatant commands; or
(A) certifies, in writing, to such Committees that the Secretary has determined, after analyzing sufficient and relevant data, that a capability superior to the RQ–4 aircraft is worth increased operating and sustainment costs; and
(B) provides to such Committees analysis supporting such determination.
(b) Consultation requirement.—Before issuing a certification under subsection (a), the official responsible for issuing such certification shall consult with the combatant commanders on the matters covered by the certification.
(c) Advanced Battle Management System defined.—In this section, the term “Advanced Battle Management System” has the meaning given that term in section 236(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281).
(a) Minimum inventory requirements for KC–10A aircraft.—
(1) FISCAL YEAR 2021.—During the period beginning on the date of the enactment of this Act and ending on October 1, 2021, the Secretary of the Air Force shall maintain a minimum of 50 KC–10A aircraft designated as primary mission aircraft inventory.
(2) FISCAL YEAR 2022.—During the period beginning on October 1, 2021, and ending on October 1, 2022, the Secretary of the Air Force shall maintain a minimum of 38 KC–10A aircraft designated as primary mission aircraft inventory.
(3) FISCAL YEAR 2023.—During the period beginning on October 1, 2022, and ending on October 1, 2023, the Secretary of the Air Force shall maintain a minimum of 26 KC–10A aircraft designated as primary mission aircraft inventory.
(b) Prohibition on retirement of KC–135 aircraft.—
(1) PROHIBITION.—Except as provided in paragraph (2), during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, the Secretary of the Air Force may not retire, or prepare to retire, any KC–135 aircraft.
(2) EXCEPTION.—The prohibition in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
(c) KC–135 aircraft fleet management.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory.
(d) Primary mission aircraft inventory defined.—In this section, the term “primary mission aircraft inventory” has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.
(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be used to approve the full-rate production of KC–46A aircraft or enter into a contract for the production of more than twelve KC–46A aircraft until the date on which the Secretary of the Air Force certifies to the congressional defense committees that all category-one deficiencies in the systems of the aircraft have been corrected, including the deficiencies affecting the aircraft’s remote visioning system, telescoping actuator in the boom system, and primary fuel containment system.
(b) Report.—Not later than February 1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report on the KC–46A aircraft. The report shall include—
(1) a schedule for the correction of each category-one deficiency described in subsection (a);
(2) a plan to engage an independent test organization to verify the effectiveness of any proposed solutions to such category-one deficiencies; and
(3) an acquisition strategy for the aircraft that—
(A) identifies principal acquisition milestones; and
(B) will ensure that there is sufficient competition for the procurement of a nondevelopmental tanker aircraft at the conclusion of the KC–46A production contract in effect as of the date of the enactment of this Act.
(c) Category-One deficiency defined.—The term “category-one deficiency” means a deficiency that may cause—
(1) death or severe injury to personnel; or
(2) major loss or damage to critical aircraft capabilities.
(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or place in storage or backup inventory status, any OC–135 aircraft until a period of 90 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees—
(1) the report required under subsection (c); and
(2) the certification required under subsection (d).
(b) Exception.—The limitation in subsection (a) shall not apply to—
(1) individual OC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps or other damage; or
(2) funds obligated or expended—
(A) for the preparation of the report required under subsection (c); or
(B) for the Air Force to assess options to repurpose the OC–135 aircraft to support other mission requirements.
(c) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following:
(1) Identification of any unclassified aerial imagery requirements that the Air Force or Air National Guard can meet using the OC–135 aircraft, a version of the aircraft that is expected to replace the OC–135, or similar aerial imagery collection and processing capabilities.
(2) An assessment of the extent to which it is more appropriate for the Air Force or the Air National Guard to fulfill such requirements.
(3) A comparison of the costs and effectiveness of alternative means of meeting unclassified aerial imagery requirements.
(4) An assessment of the utility and cost differential of performing international treaty monitoring missions such as Olive Harvest with the OC–135 aircraft, a version of the aircraft that is expected to replace the OC–135, or similar aerial imagery collection and processing capabilities.
(d) Certification required.—Together with the report required under subsection (c), the Secretary of the Air Force shall certify to the congressional defense committees—
(1) whether there are unclassified aerial imagery requirements that the Air Force can meet with the OC–135 aircraft or a version of the aircraft that is expected to replace the OC–135; and
(2) whether the Secretary has identified methods of meeting such requirements that are more effective and more efficient than meeting such requirements through the use of the OC–135 aircraft or a version of the aircraft that is expected to replace the OC–135.
(e) Unclassified aerial imagery requirements defined.—In this section, the term “unclassified aerial imagery requirements” means requirements for the Air Force to provide responsive unclassified aerial imagery support to military forces, domestic civil authorities, other departments and agencies of the Federal Government, and foreign partners of the United States, including any requirements to provide unclassified aerial imagery in support of overseas contingency operations, humanitarian assistance and disaster relief missions, defense support to domestic civil authorities, and international treaty monitoring missions.
(1) IN GENERAL.—The Secretary of the Air Force shall develop a comprehensive plan for the modernization of airborne intelligence, surveillance, and reconnaissance, which shall—
(A) ensure the alignment between requirements, both current and future, and Air Force budget submissions to meet such requirements; and
(B) inform the preparation of future defense program and budget requests by the Secretary, and the consideration of such requests by Congress.
(2) ELEMENTS.—The plan required by paragraph (1) shall include the following:
(A) An assessment of all airborne intelligence, surveillance, and reconnaissance missions, both current missions and those missions necessary to support the national defense strategy.
(B) An analysis of platforms, capabilities, and capacities necessary to fulfill such current and future missions.
(C) The anticipated life-cycle budget associated with each platform, capability, and capacity requirement for both current and future requirements.
(D) An analysis showing operational, budget, and schedule trade-offs between sustainment of currently fielded capabilities, modernization of currently fielded capabilities, and development and production of new capabilities.
(1) IN GENERAL.—Not later than March 30, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—
(A) the comprehensive modernization plan required by subsection (a); and
(B) a strategy for carrying out such plan through fiscal year 2030.
(2) FORM.—The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(a) In general.—Not later than February 1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report with recommendations for the bomber aircraft force structure that enables the Air Force to meet the requirements of its long-range strike mission under the National Defense Strategy.
(b) Elements.—The report required under subsection (a) shall include each of the following elements:
(1) The bomber force structure necessary to meet the requirements of the Air Force’s long-range strike mission under the National Defense Strategy, including—
(A) the total minimum number of bomber aircraft; and
(B) the minimum number of primary mission aircraft.
(2) The penetrating bomber force structure necessary to meet the requirements of the Air Force’s long-range strike mission in contested or denied environments under the National Defense Strategy, to include—
(A) the total minimum number of penetrating bomber aircraft; and
(B) the minimum number of primary mission penetrating bomber aircraft.
(3) A roadmap outlining how the Air Force plans to reach the force structure identified under paragraphs (1) and (2), including an established goal date for achieving the minimum number of bomber aircraft.
(c) Form.—The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Publication.—The Secretary shall make available to the public the unclassified form of the report submitted under subsection (a).
(e) Bomber aircraft.—In this section, the term “bomber aircraft” includes penetrating bombers in addition to B–52H aircraft.
(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, divest, realign, or placed in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or place in storage or on backup aircraft inventory status, any RC–26B aircraft.
(b) Exception.—The limitation in subsection (a) shall not apply to individual RC–26B aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps other damage.
(c) Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform.—
(1) Of the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in 4301, for operation and maintenance, Air National Guard, the Secretary of the Air Force may transfer up to $18,500,000 to be used in support of the RC–26B manned intelligence, surveillance, and reconnaissance platform.
(2) Of the amount authorized to be appropriated in section 421 for military personnel, as specified in the corresponding funding table in section 4401, the Secretary of the Air Force may transfer up to $13,000,000 from military personnel, Air National Guard to be used in support of personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.
(d) Memoranda of agreement.—Notwithstanding any other provision of law, the Secretary of Defense may enter into one or more memoranda of agreement or cost sharing agreements with other departments and agencies of the Federal Government under which the RC–26B aircraft may be used to assist with the missions and activities of such departments and agencies.
(a) Briefing required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the potential use of a modular civil supersonic aircraft to host multiple mission payloads.
(b) Elements.—The briefing under subsection (a) shall include an assessment of the potential of a repurposed civil supersonic aircraft with a military-engineered front section as a long-range, high-speed platform for the following uses:
(1) As a multi-payload disaggregated node in the Joint All-Domain Command & Control architecture.
(2) As a host for a multi-mission directed energy system.
(3) As an embedded or separated electronic warfare escort.
(4) As a quick-response vehicle for missions necessitating large and diverse payloads that preclude fighter aircraft due to size, range or altitude.
(c) Limitation.—The briefing under subsection (a) shall not affect, modify, or address any matter set forth in section 122 of the Report of the Committee on Armed Services of the House of Representatives that accompanies this Act.
(a) Limitation.—The Secretary of Defense may not grant Milestone C approval for the F–35 aircraft program pursuant to section 2366c of title 10, United States Code, or enter into a contract for the full-rate production of F–35 aircraft, until a period of 30 days has elapsed following the date on which the Secretary has submitted to the congressional defense committees all of the documentation required under subsection (b).
(b) Documentation required.—The Secretary of Defense shall submit to the congressional defense committees the following documentation with respect to the F–35 aircraft program:
(1) A certification from the Under Secretary of Defense for Acquisition and Sustainment that all alternative supply contractors for parts, required for the airframe and propulsion prime contractors of the F–35 program as a result of the removal of the Republic of Turkey from the program—
(A) have been identified and all related undefinitized contract actions have been definitized (as described in section 7401 of part 217 of the Defense Federal Acquisition Regulation Supplement);
(B) the parts produced by each such contractor have been qualified and certified as meeting applicable technical design and use specifications; and
(C) each such contractor has reached the required rate of production to meet supply requirements for parts under the F–35 aircraft program.
(2) A cost analysis, prepared by the joint program office for the F–35 aircraft program, that assesses and defines—
(A) how the full integration of Block 4 and Technical Refresh 3 capabilities for each lot of Block 4 production aircraft beginning after lot 14 will affect the average procurement unit cost of United States variants of the F–35A, F–35B, and F–35C aircraft; and
(B) how the establishment of alternate sources of production and sustainment supply and repair parts due to the removal of the Republic of Turkey from the F–35 program will affect such unit cost.
(3) All reports required under section 167 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1250).
(4) An independent cost estimate, prepared by Director of Cost Assessment and Program Evaluation, that defines, for each phase of the F–35 aircraft program, the cost to develop, procure, integrate, and retrofit F–35 aircraft with all Block 4 capability requirements that are specified in the most recent Block 4 capabilities development document.
(5) A plan to correct or mitigate any deficiency in the aircraft, identified as of the date of enactment of this Act—
(A) that may cause death, severe injury or occupational illness, or major loss or damage to equipment or a system, and for which there is no identified workaround (commonly known as a “category 1A deficiency”); or
(B) that critically restricts combat readiness capabilities or results in the inability to attain adequate performance to accomplish mission requirements (commonly known as a “category 1B deficiency”).
(6) A software and hardware capability, upgrade, and aircraft modification plan that defines the cost and schedule for retrofitting F–35 aircraft that currently have Technical Refresh 2 capabilities installed to ensure compatibility with Block 4 and Technical Refresh 3 aircraft capabilities.
(7) The following reports for the F–35 aircraft program, as prepared by the Director of Operational Test and Evaluation:
(A) A report on the results of the realistic survivability testing of the aircraft, as described in section 2366(d) of title 10, United States Code.
(B) A report on the results of the initial operational test and evaluation conducted for program, as described in section 2399(b)(2) of such title.
(8) A mitigation strategy and implementation plan to address each critical deficiency in the F–35 autonomic logistics information system that has been identified as of the date of enactment of this Act.
(9) A certification that the F–35A meets the required mission reliability performance using an average sortie duration of 2 and one-half hours.
(10) A certification that the Secretary has developed and validated a fully integrated and realistic schedule for the development, production and integration of Block 4 Technical Refresh 3 capabilities, that includes a strategy for resolving all software technical debt that has accumulated within the F–35 operational flight program source code during development, production, and integration of Technical Refresh 1 and Technical Refresh 2 capabilities.
(11) (A) A complete list of hardware modifications that will be required to integrate Block 4 capabilities into lot 16 and lot 17 production aircraft.
(B) An estimate of the costs of any engineering changes required as a result of such modifications.
(C) A comparison of those engineering changes and costs with the engineering changes and costs for lot 15 production aircraft.
(a) Notification required.—The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Director of Operational Test and Evaluation, shall notify the congressional defense committees, in writing, not later than 30 days after the date on which mission systems production software for the F–35 aircraft is released to units operating such aircraft under the F–35 continuous capability development and delivery program.
(b) Elements.—The notification required under subsection (a) shall include, with respect to the mission systems production software for the F–35 aircraft, the following:
(1) An explanation of the types and methods of regression testing that were completed for the production release of the software to ensure compatibility and proper functionality with—
(A) the fire control radar system of each variant of the F–35 aircraft; and
(B) all weapons certified for carriage and employment on each variant of the F–35 aircraft.
(2) Identification of any entities that conducted regression testing of the software, including any development facilities of the Federal Government or contractors that conducted such testing.
(3) A list of deficiencies identified during regression testing of the software or by operational units after fielding of the software, and an explanation of—
(A) any software modifications, including quick-reaction capability, that were completed to resolve or mitigate the deficiencies;
(B) with respect to any deficiencies that were not resolved or mitigated, whether the deficiencies will be corrected in later releases of the software; and
(C) any effects resulting from such deficiencies, including—
(i) any effects on the cost and schedule for delivery of the software; and
(ii) in cases in which the deficiencies resulted in additional, unplanned, software releases, any effects on the ongoing testing of software capability releases.
(a) Notification.—Not later than 180 days after the date of the enactment of this Act and on a semi-annual basis thereafter until the date specified in subsection (b), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a written notification that describes, with respect to the period covered by the notification—
(1) the efforts of the service acquisition executives of the Department of the Air Force and the Department of the Navy to replace ejection seat aircraft locator beacons that are—
(A) installed on covered aircraft; and
(B) inoperable in water or in wet conditions; and
(2) the funding allocated for such efforts.
(b) Date specified.—The date specified in this subsection is the earlier of—
(1) the date on which the Under Secretary of Defense for Acquisition and Sustainment determines that all ejection seat aircraft locator beacons installed on covered aircraft are operable in water and wet conditions; or
(2) the date that is 5 years after the date of the enactment of this Act.
(c) Definitions.—In this section:
(1) The term “covered aircraft” means aircraft of the Air Force, the Navy, and the Marine Corps that are equipped with ejection seats.
(2) The term “service acquisition executive of the Department of the Air Force” does not include the Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs described in section 957 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note).
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for procurement for the Armed Overwatch Program of the United States Special Operations Command may be obligated or expended until the date on which—
(1) the Secretary of Defense certifies to the congressional defense committees that—
(A) the Secretary has completed a requirements review of the Armed Overwatch Program; and
(B) the Secretary has conducted a review of the roles and responsibilities of the United States Air Force and the United States Special Operations Command with respect to close air support and armed intelligence, surveillance, and reconnaissance and, as a result of such review, the Secretary has identified the Armed Overwatch Program as a special operations forces-peculiar requirement; and
(2) the Commander of United States Special Operations Command submits to the congressional defense committees—
(A) certification that the Commander or Deputy Commander has approved the documentation of the Special Operations Command Requirements Evaluation Board; and
(B) a requirements plan for the Armed Overwatch program that includes—
(i) an analysis of alternatives;
(ii) a procurement plan over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code;
(iii) a sustainment plan with projected costs;
(iv) a phase out plan of existing armed intelligence, surveillance, and reconnaissance platforms;
(v) a manpower and training analysis, and;
(vi) doctrinal considerations for employment; and
(C) a roadmap analyzing whether the near-term to mid-term multi-mission responsibilities of the Armed Overwatch Program are consistent with the intelligence, surveillance, and reconnaissance requirements of the various special operations forces units and missions, and the geographic combatant commands.
(a) Strategy required.—The Secretary of the Army shall develop a comprehensive, long-term strategy, which shall include a risk assessment, gap analysis, proposed courses of action, investment options, and a sustainment plan, for the development, production, procurement and modernization of cannon and large caliber weapons tubes that mitigates identified risks and gaps to the Army and the defense industrial base.
(b) Elements.—The strategy under subsection (a) shall include the following:
(1) An assessment of the sufficiency of the cannon tube industrial base to meet near and long-term development and production requirements, including an analysis of any capability or capacity gaps that may exist currently or into the future given current and planned program demands.
(2) An analysis of the resources required and planned for the cannon tube industrial base across the future years defense program.
(3) A detailed analysis and explanation of the courses of action necessary to mitigate any existing or projected future capability gaps and deficiencies, including the establishment of a permanent or temporary second source for cannon and large caliber weapons tubes if advisable, feasible, suitable, and affordable.
(4) Funding and timelines associated with the identification, qualification and sustainment of a permanent or temporary second source for cannon and large caliber weapons tubes through full and open competition that would be required to mitigate significant development, production, procurement, and modernization risk in the cannon tube industrial base.
(5) Such other information as the Secretary of the Army determines to be appropriate.
(c) Submittal to congress.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a copy of the strategy developed under subsection (a).
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.
(a) Pilot subprogram.—Section 2192a of title 10, United States Code, is amended—
(1) by redesignating subsections (b) through (h) as subsections (c) through (i);
(2) by inserting after subsection (a) the following new subsection:
“(b) Requirement for Pilot subprogram.—
“(1) IN GENERAL.—As a subprogram of the program under subsection (a), the Secretary of Defense shall carry out a pilot program to be known as the ‘National Security Pipeline Pilot Program’ (referred to in this section as the ‘Pilot Program’) under which the Secretary shall seek to enter into partnerships with minority institutions to diversify the participants in the program under subsection (a).
“(2) ELEMENTS.—Under the Pilot Program, the Secretary of Defense shall—
“(A) provide an appropriate amount of financial assistance under subsection (c) to an individual who is pursuing an associate’s degree, undergraduate degree, or advanced degree at a minority institution;
“(B) provide such financial assistance to recipients in conjunction with summer internship opportunities or other meaningful temporary appointments within the Department; and
“(C) periodically evaluate the success of recruiting individuals for scholarships under this subsection and on hiring and retaining those individuals in the public sector workforce.
“(A) INITIAL REPORT.—Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the establishment of the Pilot Program. At a minimum, the report shall identify the number of students participating in the pilot program as of the date of the report, the fields of study pursued by such students, and the minority institutions at which such students are enrolled.
“(B) FINAL REPORT.—Not later than September 30, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that evaluates the success of the pilot program in recruiting individuals for scholarships under this section and hiring and retaining those individuals in the public sector workforce.
“(4) TERMINATION.—The Pilot Program shall terminate on December 31, 2026.”;
(3) in subsection (c)(1), as so redesignated—
(A) in subparagraph (A), by striking “subsection (g)” and inserting “subsection (h)”; and
(B) in subparagraph (C), by striking “subsection (c)” and inserting “subsection (d)”;
(4) in subsection (d), as so redesignated—
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new paragraph:
“(3) Pursuant to regulations prescribed by the Secretary of Defense for such purpose, a scholarship recipient who is not serving in the Armed Forces at the time the scholarship is received may fulfill the condition described in paragraph (1) by serving on active duty in the Armed Forces.”; and
(5) by amending subsection (i), as so redesignated, to read as follows:
“(i) Definitions.—In this section:
“(1) The term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
“(2) The term ‘minority institution’ means an institution of higher education at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.”.
(b) Additional modifications.—Section 2192a of title 10, United States Code, as amended by subsection (a), is further amended—
(1) in subsection (d), by adding at the end the following new paragraph:
“(5) In employing participants during the period of obligated service, the Secretary shall ensure that participants are compensated at a rate that is comparable to the rate of compensation for employment in a similar position in the private sector.”.
(2) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively;
(3) by inserting after subsection (d) the following new subsection:
“(e) Internship requirement.—In addition to the period of obligated service required under subsection (d), before completing a degree program for which a scholarship was awarded under this section, each participant shall participate in a paid internship for a period of not less than eight weeks with a defense industry sponsor. The Secretary shall work with each defense industry sponsor to ensure there are sufficient paid internships available for all participants, and that each such defense industry sponsor—
“(1) (A) may be a potential employer for purpose of the participant’s period of obligated service as described subsection (d)(1)(B)(ii); or
“(B) may offer full time employment for a participant’s last year of obligated service after the participant completes remaining years owed; and
“(2) has agreed to be a defense industry sponsor making a minimum contribution for each participant who receives an internship, which shall be a minimum amount determined by the Secretary, but not less than an amount equal to 50 percent of the cost of an average scholarship under this section.”;
(4) in subsection (h), as so redesignated—
(A) by striking “The Secretary of Defense shall” and inserting:
“(1) The Secretary of Defense shall”; and
(B) by adding at the end the following new paragraph:
“(2) (A) The Secretary of Defense shall establish or designate an organization within the Department of Defense which shall have primary responsibility for building cohesion and collaboration across the various scholarship and employment programs of the Department.
“(B) The organization described in subparagraph (A) shall have the following duties—
“(i) establish an interconnected network and database across the scholarship and employment programs of the Department, including, at a minimum the SMART Defense Education Program, the Defense Civilian Training Corps, the National Defense Science and Engineering Graduate Fellowship, the Army AEOP apprenticeship program, and the Consortium Research Fellows Program;
“(ii) aid in matching scholarships to individuals pursuing courses of study in in-demand skill areas; and
“(iii) build a network of program participants, past, present, and future whom DOD departments can draw on to fill skills gaps.
“(C) On an annual basis, the organization described in subparagraph (A) shall publish, on a publicly accessible website of the Department of Defense, an annual report on the workforce requirements and expected future needs of the civilian workforce of the Department of Defense.”;
(5) by redesignating subsection (j), as so redesignated, as subsection (k);
(6) by inserting after subsection (i) the following new subsection:
“(j) Special rule.—In each year of the program under this section, not less than 20 percent of the applicants who are awarded scholarships shall be individuals pursuing degrees in computer science or a related field of study.”; and
(7) in subsection (k), as so redesignated, by adding at the end the following new paragraph:
“(3) The term ‘defense industry sponsor’ means—
“(A) a defense contractor with an active government contract that makes the required minimum contribution described in subsection (e)(2); or
“(B) a company deemed critical to the national security infrastructure that makes such a contribution.”.
(1) PROGRAM REQUIRED.—Chapter 111 of title 10, United States Code, is amended by inserting after section 2192b the following new section:
Ҥ 2192c. Program to enhance contractor participation in science, technology, engineering, and mathematics activities
“(a) In general.—The Secretary of Defense shall carry out a program under which the Secretary shall seek to enter into partnerships with Department of Defense contractors to promote interest in careers in STEM disciplines.
“(b) Objectives.—The objectives of the program under subsection (a) are—
“(1) to maximize strategic partnerships between institutions of higher education and private sector organizations to build and strengthen communities involved in STEM disciplines;
“(2) to increase diversity, equity, and inclusion by providing access to career paths in STEM in historically underserved and underrepresented communities;
“(3) to encourage employers in STEM disciplines to establish work-based learning experiences such as internships and apprenticeships; and
“(4) to build partnerships with minority and woman-owned Department of Defense contractors to establish work-based learning experiences such as internships and apprenticeships.
“(c) Activities.—As part of the program under subsection (a), the Secretary of Defense shall seek to encourage and provide support to Department of Defense contractors to enable such contractors to carry out activities to promote interest in careers in STEM disciplines. Such activities may include—
“(1) aiding in the development of educational programs and curriculum in STEM disciplines for students of elementary schools and secondary schools;
“(2) establishing volunteer programs in elementary schools and secondary schools receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) to enhance education in STEM disciplines;
“(3) enhancing education in STEM disciplines at institutions of higher education by—
“(A) making personnel available to advise and assist faculty at such institutions in the performance of research and instruction in STEM disciplines that are determined to be critical to the functions of the Department of Defense;
“(B) awarding scholarships and fellowships to students pursuing courses of study in STEM disciplines; or
“(C) establishing cooperative work-education programs in STEM disciplines for students; or
“(4) enhancing education in STEM disciplines at minority institutions by—
“(A) establishing partnerships between offerors and such institutions for the purpose of training students in STEM disciplines;
“(B) conducting recruitment activities at such institutions; or
“(C) making internships or apprenticeships available to students of such institutions.
“(d) Allowability of costs.—Activities described in subsection (c) shall be considered as allowable community service activities for the purposes of determining allowability of cost on a government contract.
“(e) Definitions.—In this section:
“(1) The terms ‘elementary school’ and ‘secondary school’ have the meanings given those terms in section 8101 of the Higher Education Act of 1965 (20 U.S.C. 7801).
“(2) The term ‘institution of higher education’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
“(3) The term ‘minority institution’ means—
“(A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or
“(B) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.
“(4) The term ‘STEM disciplines’ means disciplines relating to science, technology, engineering and mathematics, including disciplines that are critical to the national security functions of the Department of Defense and that are needed in the Department of Defense workforce (as determined by the Secretary of Defense under section 2192a(a)).”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192b the following new item:
“2192c. Program to enhance contractor participation in science, technology, engineering, and math activities.”.
(b) Conforming repeal.—Section 862 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. note prec. 2191) is repealed.
Section 2350a of title 10, United States Code, is amended—
(1) in subsection (b)(2), by striking “and the Under Secretary” and inserting “or the Under Secretary”;
(A) by striking “Each cooperative” and inserting “(1) Except as provided in paragraph (2), each cooperative”; and
(B) by adding at the end the following new paragraphs:
“(2) A cooperative research and development project may be entered into under this section under which costs are shared between the participants on an unequal basis if the Secretary of Defense, or an official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph, makes a written determination that unequal cost sharing provides strategic value to the United States or another participant in the project.
“(3) For purposes of this subsection, the term ‘cost’ means the total value of cash and non-cash contributions.”;
(A) in paragraph (1), by striking “In order to” and inserting “Except as provided in paragraph (2), in order to”;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new paragraph:
“(2) (A) The Secretary of Defense, or an official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph, may waive the prohibition under paragraph (1) to allow the procurement of qualified services from a foreign government, foreign research organization, or other foreign entity on a case-by-case basis.
“(B) Not later than 30 days before issuing a waiver under subparagraph (A), the Secretary of Defense or the official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph (as the case may be) shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate written notice of the intent to issue such a waiver.
“(C) For purposes of this paragraph, the term ‘qualified services’ means engineering support services and local management services, including launch support services, test configuration support services, test range support services, and development support services, that are not covered by a memorandum of understanding (or other formal agreement) to conduct a cooperative research and development project under this section.”.
Section 2358b of title 10, United States Code, is amended by adding at the end the following new subsection:
“(e) Pilot program on talent optimization.—
“(1) IN GENERAL.—The Under Secretary of Defense for Research and Engineering, acting through the Director of the Defense Innovation Unit, shall carry out a pilot program to develop a software-based system that enables active duty military units to identify, access, and request support from members of the reserve components who have the skills and expertise necessary to carry out one or more functions required of such units.
“(2) ELEMENTS.—In carrying out the pilot program, the Director of the Defense Innovation Unit shall—
“(A) ensure that the system developed under paragraph (1)—
“(i) enables active duty units, in near real-time, to identify members of the reserve components who have the qualifications necessary to meet certain requirements applicable to the units;
“(ii) improves the ability of the military departments to access, on-demand, members of the reserve components who possess relevant experience; and
“(iii) prioritizes access to members of the reserve components who have private-sector experience in the fields identified in section (b);
“(iv) leverages commercial best practices for similar software systems;
“(B) recommend policies and legislation to streamline the use of members of the reserve components by active duty units; and
“(C) carry out such other activities as the Director determines appropriate.
“(3) TERMINATION.—The authority to carry out the pilot program under this subsection shall terminate on September 30, 2025.”.
(1) IN GENERAL.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2358b the following new section:
Ҥ 2358c. National Security Innovation Network
“(a) Establishment.—The Secretary of Defense shall establish a program office to be known as the ‘National Security Innovation Network’ (referred to in this section as the ‘Network’). The Secretary shall establish the Network within the Office of the Under Secretary of Defense for Research and Engineering or within the office of another principal staff assistant to the Secretary.
“(b) Responsibilities.—The responsibilities of the Network shall be—
“(1) to create a network throughout the United States that connects the Department of Defense to academic institutions, commercial accelerators and incubators, commercial innovation hubs, and nonprofit entities with missions relating to national security innovation;
“(2) to expand the national security innovation base through integrated, project-based problem solving that leads to novel concept and solution development for the Department and facilitates dual-use venture creation;
“(3) to accelerate the adoption of novel concepts and solutions by facilitating dual-use technology advancement to improve acquisition and procurement outcomes;
“(4) to work in coordination with the Under Secretary of Defense for Personnel and Readiness, other principal staff assistants within the Office of the Secretary, and the Armed Forces to create new pathways and models of national security service that facilitate term, temporary, and permanent employment within the Department for—
“(A) students and graduates in the fields of science, technology, arts, engineering, and mathematics;
“(B) early-career and mid-career technologists; and
“(C) entrepreneurs for purposes of project-based work;
“(5) to generate novel concepts and solutions to problems and requirements articulated by entities within the Department through programs, such as the Hacking for Defense program, that combine end users from the Department, students and faculty from academic institutions, and the early-stage dual-use venture community;
“(6) to establish physical locations throughout the United States through which the Network will connect with academic and private sector partners for the purposes of carrying the responsibilities described in paragraphs (1) through (5);
“(7) to leverage commercial software platforms and databases that enable the Department of Defense to—
“(A) source and map user problems to markets and suppliers across venture capital, government innovation, and technology portfolios;
“(B) collaboratively identify potential companies and technologies that can solve unclassified and classified Department of Defense user problems;
“(C) integrate expertise from the venture capital community and private sector subject matter experts;
“(D) evaluate companies and solutions against existing datasets for cyber and foreign ownership risk; and
“(E) access commercial technologies through an accredited and cloud-based development environment, consistent with Department standards; and
“(8) to carry out such other activities as the Secretary of Defense, in consultation with the head of the Network, determines to be relevant to such responsibilities.
“(c) Authorities.—In addition to the authorities provided under this section, in carrying out this section, the Secretary of Defense may use the following authorities:
“(1) Section 1599g of this title relating to public-private talent exchanges.
“(2) Section 2368 of this title, relating to Centers for Science, Technology, and Engineering Partnerships.
“(3) Section 2374a of this title, relating to prizes for advanced technology achievements.
“(4) Section 2474 of this title, relating to Centers of Industrial and Technical Excellence.
“(5) Section 2521 of this title, relating to the Manufacturing Technology Program.
“(6) Subchapter VI of chapter 33 of title 5, relating to assignments to and from States.
“(7) Chapter 47 of such title, relating to personnel research programs and demonstration projects.
“(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31 relating to cooperative research and development agreements.
“(9) Such other authorities as the Secretary considers appropriate.
“(d) Definitions.—In this section:
“(1) The term ‘dual-use venture’ means a business that provides products or services that are capable of meeting requirements for military and nonmilitary applications.
“(2) The term ‘early-stage dual-use venture’ means a business that provides products or services that are capable of meeting requirements for military and nonmilitary applications that has raised not more than $20,000,000 in private venture capital, and whose principal product or service does not support, either directly or indirectly, a current Department of Defense program of record.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2358b the following new item:
“2358c. National Security Innovation Network.”.
(1) TRANSFERS FROM OTHER DOD ELEMENTS.—The Secretary of Defense may transfer to the National Security Innovation Network established under section 2358c of title 10, United States Code (as added by subsection (a)) such personnel, resources, and functions of other organizations and elements of the Department of Defense as the Secretary considers appropriate to carry out such section.
(2) INTEGRATION WITH EXISTING NSIN.—Effective on the date of the enactment of this Act, the National Security Innovation Network of the Department of Defense (as in existence on the day before such date of enactment) shall be transferred to and merged with the National Security Innovation Network established under section 2358c of title 10, United States Code (as added by subsection (a)).
(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementing the National Security Innovation Network under section 2358c of title 10, United States Code (as added by subsection (a)).
(B) ELEMENTS.—The plan required under paragraph (1) shall include the following:
(i) Plans for any transfers the Secretary intends to carry out under paragraph (1).
(ii) Plans for the funding, integration, and evaluation of the Network, including plans for—
(I) future funding and administrative support of the Network;
(II) integration of the Network into the programming, planning, budgeting, and execution process of the Department of Defense;
(III) integration of the Network with the other programs and initiatives within the Department that have missions relating to innovation and outreach to the academic and the private sector early-stage dual-use venture community (as defined in section 2358c of title 10, United States Code (as added by subsection (a)); and
(IV) performance indicators by which the Network will be assessed and evaluated.
(iii) A description of any additional authorities the Secretary may require to ensure that the Network is able to effectively carry out the responsibilities specified in section 2358c(c) of title 10, United States Code (as added by subsection (a)).
(c) Comptroller General reviews and reports.—
(1) REVIEW AND REPORT ON IMPLEMENTATION PLAN.—Not later than 180 days after the date on which the implementation plan is submitted under subsection (b)(3), the Comptroller General of the United States shall—
(A) complete a review of the implementation plan;
(B) submit to the congressional defense committees a report on the results of the review.
(2) PROGRAM EVALUATION AND REPORT.—
(A) IN GENERAL.—Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall—
(i) complete an evaluation of the National Security Innovation Network under section 2358c of title 10, United States Code (as added by subsection (a)); and
(ii) submit to the appropriate congressional committees a report on the results of the evaluation.
(B) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this paragraph, the term “appropriate congressional committees” means—
(i) the congressional defense committees;
(ii) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(iii) the Committee on Oversight and Reform of the House of Representatives.
(a) In general.—Section 234 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2164 note) is amended—
(A) in subparagraph (H), by striking “and” at the end; and
(B) by adding at the end the following new subparagraph:
“(J) the improvement of critical thinking and media literacy among students, including the improvement of students’ abilities with respect to—
“(i) research and information fluency;
“(ii) critical thinking and problem solving skills;
“(iii) technology operations and concepts;
“(iv) information and technological literacy;
“(v) understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality; and
“(vi) understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; and”; and
(2) in subsection (g), by adding at the end the following new paragraph:
“(3) The term ‘media literacy’ means the ability to—
“(A) access relevant and accurate information through media in a variety of forms;
“(B) critically analyze media content and the influences of different forms of media;
“(C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information;
“(D) make educated decisions based on information obtained from media and digital sources;”.
(b) Deadline for implementation.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement the pilot program under section 234 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2164 note), as amended by subsection (a).
(c) Progress report.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the efforts of Secretary to implement the pilot program under section 234 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2164 note), as amended by subsection (a).
Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended—
(1) in the section heading, by inserting “and improvement of the Joint Artificial Intelligence Center” before the period at the end;
(A) in paragraph (1), by inserting “acquire,” before “develop”; and
(B) by amending paragraph (2) to read as follows:
“(2) EMPHASIS.—The set of activities established under paragraph (1) shall include—
“(A) acquisition and development of mature artificial intelligence technology;
“(B) applying artificial intelligence and machine learning solutions to operational problems by directly delivering artificial intelligence capabilities to the Armed Forces and other organizations and elements of the Department;
“(C) accelerating the development, testing, and fielding of new artificial intelligence and artificial intelligence-enabling capabilities; and
“(D) coordinating and deconflicting activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Department.”;
(3) by amending subsection (b) to read as follows:
“(b) Responsible official.—The Deputy Secretary of Defense shall be the official within the Department of Defense with principal responsibility for the coordination of activities relating to the acquisition, development, and demonstration of artificial intelligence and machine learning for the Department.”;
(4) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;
(5) by inserting after subsection (b) the following new subsection:
“(1) ROLE OF JOINT ARTIFICIAL INTELLIGENCE CENTER.—The set of activities established under subsection (a)(1) shall be established within the Joint Artificial Intelligence Center.
“(2) AUTHORITY OF DEPUTY SECRETARY OF DEFENSE.—The Deputy Secretary of Defense shall exercise authority and direction over the Joint Artificial Intelligence Center.
“(3) AUTHORITY OF DIRECTOR.—The Director of the Joint Artificial Intelligence Center shall report directly to the Deputy Secretary of Defense.
“(4) DELEGATION.—In exercising authority and direction over the Joint Artificial Intelligence Center under subsection (a), the Deputy Secretary of Defense may delegate administrative and ancillary management duties to the Chief Information Officer of the Department of Defense, as needed, to effectively and efficiently execute the mission of the Center.”;
(6) in subsection (d), as so redesignated—
(A) in the matter preceding paragraph (1), by striking “official designated under subsection (b)” and inserting “Deputy Secretary of Defense”;
(B) in paragraph (1), in the matter preceding subparagraph (A), by inserting “acquire,” before “develop”;
(C) in the heading of paragraph (2), by striking “development” and inserting “acquisition, development,”; and
(i) in the matter preceding subparagraph (A), by striking “To the degree practicable, the designated official” and inserting “The Deputy Secretary of Defense”;
(ii) in subparagraph (A), by striking “development” and inserting “acquisition, development,”;
(iii) by redesignating subparagraphs (H) and (I) as subparagraphs (J) and (K), respectively; and
(iv) by inserting after subparagraph (G), the following new subparagraphs:
“(H) develop standard data formats for the Department that—
“(i) aid in defining the relative maturity of datasets; and
“(ii) inform best practices for cost and schedule computation, data collection strategies aligned to mission outcomes, and dataset maintenance practices;
“(I) establish data and model usage agreements and collaborative partnership agreements for artificial intelligence product development with each organization and element of the Department, including each of the Armed Forces;”;
(7) in subsection (e), as so redesignated—
(A) by striking “the official designated under subsection (b)” and inserting “the Director of the Joint Artificial Intelligence Center”;
(B) by striking “subsection (c)” and inserting “subsection (d)”; and
(C) by adding at the end the following: “At a minimum, such access shall ensure that the Director has the ability to discover, access, share, and reuse data and models of the Armed Forces and other organizations and elements of the Department of Defense and to build and maintain data for the Department.”;
(8) in subsection (f), as so redesignated—
(i) in the matter preceding subparagraph (A), by striking “official designated under subsection (b)” and inserting “Deputy Secretary of Defense”; and
(ii) in subparagraph (B), by striking “designated official” and inserting “Deputy Secretary of defense”; and
(B) in paragraph (2), by striking “designated official” and inserting “Deputy Secretary of Defense”; and
(9) by adding at the end the following new subsection:
“(i) Joint Artificial Intelligence Center defined.—The term ‘Joint Artificial Intelligence Center’ means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled ‘Establishment of the Joint Artificial Intelligence Center’, or any successor to such Center.”.
(a) National security innovation activities.—Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended—
(1) in subsection (a), by striking “The Under Secretary of Defense for Research and Engineering shall establish” and inserting “The Under Secretary of Defense for Research and Engineering, acting through the Director of the Defense Innovation Unit, shall establish”;
(2) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively;
(3) by inserting after subsection (d) the following new subsection:
“(e) Establishment of Advisory Board.—
“(1) IN GENERAL.—Not earlier than the date specified in paragraph (5), but no later than 180 days after such date, the Under Secretary shall establish an advisory board within the Defense Innovation Unit to advise the Under Secretary and the Director of the Unit with respect to the establishment and prioritization of activities under such subsection (a).
“(2) DUTIES.—The advisory board established under paragraph (1) shall—
“(A) identify activities that should be prioritized for establishment under subsection (a);
“(B) not less frequently that semiannually, reevaluate and update such priorities; and
“(C) ensure continuing alignment of the activities established under subsection (a), including all elements of such activities described in subsection (b), with the overall technology strategy of the Department of Defense.
“(3) MEMBERSHIP.—The advisory board established under paragraph (1) shall be composed of one or more representatives from each of the following:
“(A) Each science and technology reinvention laboratory of the Department of Defense.
“(B) The primary procurement organization of each Armed Force.
“(C) The Defense Innovation Board.
“(D) Such other organizations and elements of the Department of Defense as the Under Secretary, in consultation with the Director of the Defense Innovation Unit, determines appropriate.
“(4) PLAN.—Not later than 90 days before the date on which the advisory board is established under paragraph (1), the Under Secretary shall submit to the congressional defense committees a plan for establishing the advisory board, including a description of the expected roles, responsibilities, and membership of the advisory board.
“(5) DATE SPECIFIED.—The date specified in this paragraph is the date on which funds are first appropriated or otherwise made available to carry out subsection (a).”; and
(4) in subsection (h), as so redesignated, by striking “subsection (h)” and inserting “subsection (i)”.
(b) Pilot program on defense manufacturing.—Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2505 note) is amended—
(1) in subsection (d), by striking “the date that is four years after the date of the enactment of this Act” and inserting “December 31, 2026”; and
(2) in subsection (e), by striking “January 31, 2022” and inserting “January 31, 2027”.
(a) In general.—Section 233 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended—
(1) in subsection (e), by striking “2022” and inserting “2027”; and
(A) by amending paragraph (1) to read as follows:
“(1) IN GENERAL.—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the pilot program.”; and
(B) in paragraph (2), by adding at the end the following new subparagraph:
“(F) With respect to any military department not participating in the pilot program, an explanation for such nonparticipation, including identification of—
“(i) any issues that may be preventing such participation; and
“(ii) any offices or other elements of the department that may be responsible for the delay in participation.”.
(b) Technical amendment.—Effective as of December 23, 2016, and as if included therein as enacted, section 233(c)(2)(C)(ii) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking “Assistant Secretary of the Army for Acquisition, Technology, and Logistics” and inserting “Assistant Secretary of the Army for Acquisition, Logistics, and Technology”.
(a) Digital data management and analytics capability.—
(1) IN GENERAL.—The Secretary of Defense shall develop and implement an advanced digital data management and analytics capability to be used—
(A) to digitally integrate all elements of the acquisition process of the Department of Defense;
(B) to digitally record and track all relevant data generated during the research, development, testing, and evaluation of systems; and
(C) to maximize the use of such data to inform—
(i) the further development and improvement of such systems; and
(ii) the acquisition process for such systems.
(2) REQUIREMENTS.—The capability developed under paragraph (1) shall meet the following requirements:
(A) The capability will be accessible to, and useable by, individuals throughout the Department of Defense who have responsibilities relating to capability requirements, research, design, development, testing, evaluation, acquisition, management, operations, and sustainment of systems.
(B) The capability will provide for the development, use, curation, and maintenance of authoritative and technically accurate digital systems—
(i) to reduce the burden of reporting by officials responsible for executing programs;
(ii) to ensure shared access to data within the Department;
(iii) to supply data to digital engineering models for use in the defense acquisition process;
(iv) to supply data to testing infrastructure and software to support automated approaches for testing, evaluation, and deployment throughout the defense acquisition process; and
(v) to provide timely analyses to Department leadership.
(C) The capability will be designed—
(i) to improve data management processes in the research, development, acquisition, and sustainment activities of the Department;
(ii) to provide decision makers in the Department with timely, high-quality, transparent, and actionable analyses for optimal development, acquisition, and sustainment decision making and execution;
(iii) to facilitate productivity, discovery, access, knowledge sharing, and analysis of acquisition-related data across organizational boundaries at all levels of the Department, including through the development of acquisition documentation; and
(iv) to build and improve analytical models and simulations to enhance the development, test, and use of weapon systems.
(A) IN GENERAL.—The capability developed under paragraph (1) shall include software to collect, organize, manage, make available, and analyze relevant data throughout the life cycle of defense acquisition programs, including any data needed to satisfy milestone requirements and reviews.
(B) PROCUREMENT AUTHORITY.—The software described in subparagraph (A) may be developed or procured using the authorities provided under section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1478).
(4) REVIEW.—In developing the capability required under paragraph (1) the Secretary of Defense shall—
(A) review data content and requirements to support planning and reporting of functions and remove redundant data requests across functions; and
(B) based on such review, develop recommended approaches for—
(i) moving supporting processes from analog to digital format, including planning and reporting processes;
(ii) making new data active through digitalization;
(iii) making legacy data, including data currently residing in program documentation, active through digitalization; and
(iv) modernizing the storage, retrieval, and reporting capabilities for stakeholders within the Department, including research entities, Program Management Offices, analytic organizations, enterprise oversight, and decision makers.
(b) Demonstration activities.—
(1) IN GENERAL.—The Secretary of Defense shall carry out demonstration activities to test various approaches to building the capability required under subsection (a).
(2) PROGRAM SELECTION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess and select not fewer than two and not more than five programs of the Department of Defense to participate in the demonstration activities under paragraph (1), including—
(A) one or more acquisition data management test cases; and
(B) one or more development and test modeling and simulation test cases to demonstrate the ability to collect data from tests and operations in the field, and feed the data back into models and simulations for better software development and testing.
(3) ADDITIONAL REQUIREMENTS.—As part of the demonstration activities under paragraph (1), the Secretary shall—
(A) conduct a comparative analysis that assesses the risks and benefits of the digital management and analytics capability used in each of the programs participating in the demonstration activities relative to the Department’s traditional data collection, reporting, exposing, and analysis approaches;
(B) ensure that the intellectual property strategy for each of the programs participating in the demonstration activities is best aligned to meet the goals of the program; and
(C) develop a workforce and infrastructure plan to support any new policies and guidance implemented in connection with the demonstration activities, including any policies and guidance implemented after the completion of such activities.
(c) Policies and guidance required.—Not later than 18 months after the date of the enactment of this Act, based on the results of the demonstration activities carried out under subsection (b), the Secretary of Defense shall issue or modify policies and guidance to—
(1) promote the use of digital management and analytics capabilities; and
(2) address roles, responsibilities, and procedures relating to such capabilities.
(1) IN GENERAL.—The Secretary of Defense shall establish a steering committee to assist the Secretary in carrying out subsections (a) through (c).
(2) MEMBERSHIP.—The steering committee shall be composed of the following members or their designees:
(A) The Chief Management Officer.
(B) The Chief Information Officer.
(C) The Director of Cost Assessment and Program Evaluation.
(D) The Under Secretary of Defense for Research and Engineering.
(E) The Under Secretary of Defense for Acquisition and Sustainment.
(F) The Director of Operational Test and Evaluation.
(G) The Service Acquisition Executives.
(H) The Director for Force Structure, Resources, and Assessment of the Joint Staff.
(I) The Director of the Defense Digital Service.
(A) IN GENERAL.—The Defense Innovation Board, in consultation with the Defense Digital Service, shall conduct an independent assessment to identify recommended approaches for the implementation of subsections (a) through (c).
(B) ELEMENTS.—The assessment under subparagraph (A) shall include the following:
(i) A plan for the development and implementation of the capability required under subsection (a), including a plan for any procurement that may be required as part of such development and implementation.
(ii) An independent cost assessment of the total estimated cost of developing and implementing the capability.
(iii) An independent estimate of the schedule for the development and implementation of the capability, including a reasonable estimate of the dates on which the capability can be expected to achieve initial operational capability and full operational capability, respectively.
(iv) A recommendation identifying the office or other organization of the Department of Defense that would be most appropriate to manage and execute the capability.
(C) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Defense Innovation Board, in consultation with the Defense Digital Service, shall submit to the Secretary of Defense and the congressional defense committees a report on the findings of the assessment under subparagraph (A), including the findings of the assessment with respect to each element specified in subparagraph (B).
(A) IN GENERAL.—Not later than March 15, 2022, the Defense Innovation Board and the Defense Science Board shall jointly complete an independent assessment of the progress of the Secretary in implementing subsections (a) through (c). The Secretary of Defense shall ensure that the Defense Innovation Board and the Defense Science Board have access to the resources, data, and information necessary to complete the assessment.
(B) INFORMATION TO CONGRESS.—Not later than 30 days after the date on which the assessment under subparagraph (A) is completed, the Defense Innovation Board and the Defense Science Board shall jointly provide to the congressional defense committees—
(i) a report summarizing the assessment; and
(ii) a briefing on the findings of the assessment.
(1) REPORT ON IMPLEMENTATION.—Not later than 90 days after the date on which the report described in subsection (e)(1)(C) is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in implementing subsections (a) through (c). The report shall include an explanation of how the results of the demonstration activities carried out under subsection (b) will be incorporated into the policy and guidance required under subsection (c), particularly the policy and guidance of the members of the steering committee established under subsection (d).
(2) BRIEFING ON LEGISLATIVE RECOMMENDATIONS.—Not later than October 15, 2021, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing that identifies any changes to existing law that may be necessary to facilitate the implementation of subsections (a) through (c).
(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program of research and development in social science, management science, and information science.
(b) Purposes.—The purposes of the program required under subsection (a) are as follows:
(1) To ensure that the Department of Defense has access to innovation and expertise in social science, management science, and information science to enable the Department to improve the effectiveness and efficiency of the Department’s operational and management activities.
(2) To coordinate all research and development within the Department in the fields of social science, management science, and information science.
(3) To enhance cooperation and collaboration on research and development in the fields of social science, management science, and information science among the Department of Defense and appropriate private sector and international entities that are involved in such research and development.
(4) To develop and manage a portfolio of research initiatives in fundamental and applied social science, management science, and information science that is stable, consistent, and balanced across relevant disciplines.
(5) To accelerate efforts to transition and deploy technologies and concepts derived from research and development in the fields of social science, management science, and information science into the Department of Defense, and to establish policies, procedures, and standards for measuring the success of such efforts.
(6) To collect, synthesize, and disseminate critical information on research and development in the fields of social science, management science, and information science.
(7) To support the missions and systems of the Department by developing the fields of social science, management science, and information science, including by supporting—
(A) appropriate research and innovation in such fields; and
(B) the development of an industrial base in such fields, including development of the facilities, workforce, and infrastructure that comprise such industrial base.
(c) Administration.—The Under Secretary of Defense for Research and Engineering shall supervise the planning, management, and coordination of the program under subsection (a).
(d) Activities.—The Under Secretary of Defense for Research and Engineering, in consultation with the Under Secretary of Defense for Policy, the Secretaries of the military departments, and the heads of relevant Defense Agencies, shall—
(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—
(A) optimization of analysis of national security data sets;
(B) development of defense-related management innovation activities;
(C) improving the operational use of social science, management science, and information science innovations by military commanders and civilian leaders;
(D) improving understanding of the fundamental social, cultural, and behavioral forces that shape the strategic interests of the United States; and
(E) developing a Department of Defense workforce capable of developing and leveraging innovations and best practices in the fields of social science, management science, and information science to support defense missions;
(2) develop a coordinated and integrated research and investment plan for meeting near-term, mid-term, and long-term national security, defense-related, and Department management challenges that—
(A) includes definitive milestones;
(B) provides for achieving specific technical goals; and
(C) builds upon the investments of the Department, other departments and agencies of the Federal Government, and the commercial sector in the fields of social science, management science, and information science;
(A) the development of the Department’s workforce in social science, management science, and information science; and
(B) enhancing awareness of social science, management science, and information science within the Department; and
(4) develop memoranda of agreement, joint funding agreements, and such other cooperative arrangements as the Under Secretary determines necessary for carrying out the program under subsection (a).
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall develop and issue guidance for defense-related social science, management science, and information science activities, including—
(A) classification and data management plans for such activities;
(B) policies for control of personnel participating in such activities to minimize the effects of the loss of intellectual property in social science, management science, and information science considered sensitive to the Federal Government; and
(C) ensuring transition of social science, management science, and information science research findings into Department strategic documents.
(2) UPDATES.—Under Secretary of Defense for Research and Engineering shall regularly update the guidance issued under paragraph (4).
(1) IN GENERAL.—The Secretary of each military department may establish or designate an entity or activity under the jurisdiction of such Secretary, which may include a Department of Defense Laboratory, to serve as a research center in the fields of social science, management science, and information science. Each such research center shall engage with appropriate public sector and private sector organizations, including academic institutions, to enhance and accelerate the research, development, and deployment of social science, management science, and information science within the Department.
(2) MINIMUM NUMBER.—The Secretary of Defense shall ensure that not less than one research center is established or designated under paragraph (1) by not later than 180 days after the date of the enactment of this Act.
(1) IN GENERAL.—Not later than December 31, 2022, the Secretary shall submit to the congressional defense committees a report on the program.
(2) FORM OF REPORT.—The report required under paragraph (1) may be submitted in unclassified or classified form.
(a) In general.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense shall carry out the following activities:
(1) Leverage existing civilian software development and software architecture certification programs to implement coding language proficiency and artificial intelligence competency tests within the Department of Defense that—
(A) measure an individual’s competency in using machine learning tools, in a manner similar to the way the Defense Language Proficiency Test measures competency in foreign language skills;
(B) enable the identification of members of the Armed Forces and civilian employees of the Department of Defense who have varying levels of quantified coding comprehension and skills and a propensity to learn new programming paradigms, algorithms, and data analytics; and
(C) include hands-on coding demonstrations and challenges.
(2) Update existing record keeping systems to track artificial intelligence and programming certification testing results in a manner that is comparable to the system used for tracking and documenting foreign language competency, and use that record keeping system to ensure that workforce coding and artificial intelligence comprehension and skills are taken into consideration when making assignments.
(3) Implement a system of rewards, including appropriate incentive pay and retention incentives, for members of the Armed Forces and civilian employees of the Department of Defense who perform successfully on specific language coding proficiency and artificial intelligence competency tests and make their skills available to the Department.
(b) Information sharing with other Federal agencies.—The Secretary of Defense shall share information on the activities carried out under subsection (a) with the Secretary of Homeland Security, the Attorney General, the Director of National Intelligence, and the heads of such other organizations of the intelligence community as the Secretary determines appropriate, for purposes of—
(1) making information about the coding language proficiency and artificial intelligence competency tests developed under such subsection available to other Federal national security agencies; and
(2) encouraging the heads of such agencies to implement tracking and reward systems that are comparable to those implemented by the Department of Defense pursuant to such subsection.
(1) DEFINITIONS.—In this subsection—
(A) the term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information;
(B) the term “covered agency”—
(i) means any Federal entity that the Assistant Secretary determines is appropriate; and
(ii) includes the Department of Defense;
(C) the term “Federal entity” has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l));
(D) the term “Federal spectrum” means frequencies assigned on a primary basis to a covered agency;
(E) the term “infrastructure” means information technology systems and information technologies, tools, and databases; and
(F) the term “NTIA” means the National Telecommunications and Information Administration.
(2) INITIAL INTERAGENCY SPECTRUM INFORMATION TECHNOLOGY COORDINATION.—Not later than 90 days after the date of enactment of this Act, the Assistant Secretary, in consultation with the Policy and Plans Steering Group, shall identify a process to establish goals, including parameters to measure the achievement of those goals, for the modernization of the infrastructure of covered agencies relating to managing the use of Federal spectrum by those agencies, which shall include—
(A) the standardization of data inputs, modeling algorithms, modeling and simulation processes, analysis tools with respect to Federal spectrum, assumptions, and any other tool to ensure interoperability and functionality with respect to that infrastructure;
(B) other potential innovative technological capabilities with respect to that infrastructure, including cloud-based databases, artificial intelligence technologies, automation, and improved modeling and simulation capabilities;
(C) ways to improve the management of covered agencies’ use of Federal spectrum through that infrastructure, including by—
(i) increasing the efficiency of that infrastructure;
(ii) addressing validation of usage with respect to that infrastructure;
(iii) increasing the accuracy of that infrastructure;
(iv) validating models used by that infrastructure; and
(v) monitoring and enforcing requirements that are imposed on covered agencies with respect to the use of Federal spectrum by covered agencies;
(D) ways to improve the ability of covered agencies to meet mission requirements in congested environments with respect to Federal spectrum, including as part of automated adjustments to operations based on changing conditions in those environments;
(E) the creation of a time-based automated mechanism—
(i) to share Federal spectrum between covered agencies to collaboratively and dynamically increase access to Federal spectrum by those agencies; and
(ii) that could be scaled across Federal spectrum; and
(F) the collaboration between covered agencies necessary to ensure the interoperability of Federal spectrum.
(3) SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION.—
(A) IN GENERAL.—Not later than 240 days after the date of enactment of this Act, the Assistant Secretary shall submit to Congress a report that contains the plan of the NTIA to modernize and automate the infrastructure of the NTIA relating to managing the use of Federal spectrum by covered agencies so as to more efficiently manage that use.
(B) CONTENTS.—The report required under subparagraph (A) shall include—
(i) an assessment of the current, as of the date on which the report is submitted, infrastructure of the NTIA described in that paragraph;
(ii) an acquisition strategy for the modernized infrastructure of the NTIA described in that paragraph, including how that modernized infrastructure will enable covered agencies to be more efficient and effective in the use of Federal spectrum;
(iii) a timeline for the implementation of the modernization efforts described in that paragraph;
(iv) plans detailing how the modernized infrastructure of the NTIA described in that paragraph will—
(I) enhance the security and reliability of that infrastructure so that such infrastructure satisfies the requirements of the Federal Information Security Management Act of 2002 (Public Law 107–296; 116 Stat. 2135);
(II) improve data models and analysis tools to increase the efficiency of the spectrum use described in that paragraph;
(III) enhance automation and workflows, and reduce the scope and level of manual effort, in order to—
(aa) administer the management of the spectrum use described in that paragraph; and
(bb) improve data quality and processing time; and
(IV) improve the timeliness of spectrum analyses and requests for information, including requests submitted pursuant to section 552 of title 5, United States Code;
(v) an operations and maintenance plan with respect to the modernized infrastructure of the NTIA described in that paragraph;
(vi) a strategy for coordination between the covered agencies within the Policy and Plans Steering Group, which shall include—
(aa) those coordination efforts, as in effect on the date on which the report is submitted; and
(bb) a plan for coordination of those efforts after the date on which the report is submitted, including with respect to the efforts described in paragraph (4);
(II) a plan for standardizing—
(aa) electromagnetic spectrum analysis tools;
(bb) modeling and simulation processes and technologies; and
(cc) databases to provide technical interference assessments that are usable across the Federal Government as part of a common spectrum management infrastructure for covered agencies;
(III) a plan for each covered agency to implement a modernization plan described in paragraph (4)(A) that is tailored to the particular timeline of the agency;
(vii) identification of manually intensive processes involved in managing Federal spectrum and proposed enhancements to those processes;
(viii) metrics to evaluate the success of the modernization efforts described in that paragraph and any similar future efforts; and
(ix) an estimate of the cost of the modernization efforts described in that paragraph and any future maintenance with respect to the modernized infrastructure of the NTIA described in that paragraph, including the cost of any personnel and equipment relating to that maintenance.
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the head of each covered agency shall submit to the Assistant Secretary and the Policy and Plans Steering Group a report that describes the plan of the agency to modernize the infrastructure of the agency with respect to the use of Federal spectrum by the agency so that such modernized infrastructure of the agency is interoperable with the modernized infrastructure of the NTIA, as described in paragraph (3).
(B) CONTENTS.—Each report submitted by the head of a covered agency under subparagraph (A) shall—
(I) an assessment of the current, as of the date on which the report is submitted, management capabilities of the agency with respect to the use of frequencies that are assigned to the agency, which shall include a description of any challenges faced by the agency with respect to that management;
(II) a timeline for completion of the modernization efforts described in that paragraph; and
(III) a description of potential innovative technological capabilities for the management of frequencies that are assigned to the agency, as determined under paragraph (2);
(IV) identification of agency-specific requirements or constraints relating to the infrastructure of the agency;
(V) identification of any existing, as of the date on which the report is submitted, systems of the agency that are duplicative of the modernized infrastructure of the NTIA, as proposed under paragraph (3); and
(VI) with respect to the report submitted by the Secretary of Defense—
(aa) a strategy for the integration of systems or the flow of data among the Armed Forces, the military departments, the Defense Agencies and Department of Defense Field Activities, and other components of the Department of Defense;
(bb) a plan for the implementation of solutions to the use of Federal spectrum by the Department of Defense involving information at multiple levels of classification; and
(cc) a strategy for addressing, within the modernized infrastructure of the Department of Defense described in that paragraph, the exchange of information between the Department of Defense and the NTIA in order to accomplish required processing of all Department of Defense domestic spectrum coordination and management activities; and
(ii) be submitted in an unclassified format, with a classified annex, as appropriate.
(C) NOTIFICATION OF CONGRESS.—Upon submission of the report required under subparagraph (A), the head of each covered agency shall notify Congress that the head of the covered agency has submitted the report.
(5) GAO OVERSIGHT.—The Comptroller General of the United States shall—
(A) not later than 90 days after the date of enactment of this Act, conduct a review of the infrastructure of covered agencies, as that infrastructure exists on the date of enactment of this Act;
(B) after all of the reports required under paragraph (4) have been submitted, conduct oversight of the implementation of the modernization plans submitted by the NTIA and covered agencies under paragraphs (3) and (4), respectively;
(C) not later than 1 year after the date on which the Comptroller General begins conducting oversight under subparagraph (B), and annually thereafter, submit a report regarding that oversight to—
(i) with respect to the implementation of the modernization plan of the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
(ii) with respect to the implementation of the modernization plans of all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(D) provide regular briefings to—
(i) with respect to the application of this section to the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
(ii) with respect to the application of this section to all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(b) Telecommunications security program.—
(1) PROGRAM REQUIRED.—The Secretary of Defense shall carry out a program to identify and mitigate vulnerabilities in the telecommunications infrastructure of the Department of Defense.
(2) ELEMENTS.—In carrying out the program under paragraph (1), the Secretary shall—
(A) develop a capability to communicate clearly and authoritatively about threats by foreign adversaries;
(B) conduct independent red-team security analysis of Department of Defense systems, subsystems, devices, and components including no-knowledge testing and testing with limited or full knowledge of expected functionalities;
(C) verify the integrity of personnel who are tasked with design fabrication, integration, configuration, storage, test, and documentation of noncommercial 5G technology to be used by the Department of Defense;
(D) verify the efficacy of the physical security measures used at Department of Defense locations where system design, fabrication, integration, configuration, storage, test, and documentation of 5G technology occurs;
(E) direct the Chief Information Officer of the Department of Defense to use the Federal Risk and Authorization Management Program (commonly known as “FedRAMP”) moderate or high cloud standard baselines, supplemented with the Department’s FedRAMP cloud standard controls and control enhancements, to assess 5G core service providers whose services will be used by the Department of Defense through the Department’s provisional authorization process; and
(F) direct the Defense Information Systems Agency and the United States Cyber Command to Develop a capability for continuous, independent monitoring of packet streams for 5G data on frequencies assigned to the Department of Defense to validate availability, confidentiality, and integrity of Department of Defense communications systems.
(3) IMPLEMENTATION PLAN.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for the implementation of the program under paragraph (1).
(4) REPORT REQUIRED.—Not later than 270 days after submitting the plan under paragraph (3), the Secretary of Defense shall submit to Congress a report that includes—
(A) a comprehensive assessment of the findings and conclusions of the program under paragraph (1);
(B) recommendations on how to mitigate vulnerabilities in the Department of Defense telecommunications infrastructure; and
(C) an explanation of how the Department of Defense plans to implement such recommendations.
(a) Establishment.—The Secretary of Defense shall establish a Board of Directors for the Joint Artificial Intelligence Center.
(b) Duties.—The duties of the Board of Directors shall be the following:
(1) Provide strategic guidance to the Director of the Joint Artificial Intelligence Center.
(2) Advise the Secretary on matters relating to the development and use of artificial intelligence by the Department of Defense.
(3) Evaluate and advise the Secretary on ethical matters relating to the development and use of artificial intelligence by the Department.
(4) Conduct long-term and long-range studies on matters relating to artificial intelligence.
(5) Evaluate and provide recommendations to the Secretary regarding the Department’s development of a robust workforce proficient in artificial intelligence.
(6) Assist the Secretary in developing strategic level guidance on artificial intelligence-related hardware procurement and supply-chain matters.
(7) Monitor and provide recommendations to the Secretary on computing power, usage, storage, and other technical matters relating to artificial intelligence.
(c) Membership.—The Board of Directors shall be composed of the following members:
(1) The official within the Department of Defense to whom the Director of the Joint Artificial intelligence center directly reports.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and Engineering.
(4) The Under Secretary of Defense for Acquisition and Sustainment.
(5) The Under Secretary of Defense for Intelligence and Security.
(6) The Under Secretary of Defense for Personnel and Readiness.
(7) Not more than five members from academic or private sector organizations outside the Department of Defense, who shall be appointed by the Secretary.
(d) Chairperson.—The chairperson of the Board of Directors shall be the official described in subsection (c)(1).
(e) Meetings.—The Board of Directors shall meet not less than once each fiscal quarter and may meet at other times at the call of the chairperson or a majority of the Board’s members.
(f) Reports.—Not later than September 30 of each year through September 30, 2024, the Board of Directors shall submit to the congressional defense committees a report that summarizes the activities of the Board over the preceding year.
(g) Definitions.—In this section:
(1) The term “artificial intelligence” has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).
(2) The term “Board of Directors” means the Board of Directors established under subsection (a).
(3) The term “Joint Artificial Intelligence Center” means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled “Establishment of the Joint Artificial Intelligence Center”, or any successor to such Center.
(4) The term “Secretary” means the Secretary of Defense.
(a) In general.—The Secretary of Defense shall establish a working group, to be known as the “Directed Energy Working Group”.
(b) Responsibilities.—The working group shall—
(1) discuss the current and planned directed energy programs of each of the military departments;
(2) make recommendations to the Secretary of Defense about establishing memoranda of understanding among the organizations and elements of the Department of Defense to coordinate directed energy activities using amounts authorized to be appropriated for research, development, test, and evaluation;
(3) identify methods of quickly fielding directed energy capabilities and programs; and
(4) develop a compendium on the effectiveness of directed energy weapon systems and integrate the compendium into an overall Joint Effectiveness Manual under the guidance from the Joint Technical Coordination Group for Munitions Effectiveness.
(c) Head of working group.—The head of the working group shall be the Assistant Director of Directed Energy of the Office of the Under Secretary of Defense for Research and Engineering.
(d) Membership.—The members of the working group shall be appointed by not later than 60 days after the date of the enactment of this Act, as follows:
(1) One member from each military department, appointed by the Secretary of the military department concerned.
(2) One member appointed by the Under Secretary of Defense for Research and Engineering.
(3) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.
(4) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.
(5) One member appointed by the Director of the Defense Advanced Research Projects Agency.
(e) Reports to Congress.—Not later than 180 days after the date of the enactment of this Act, and not less frequently than once every 180 days thereafter, the working group shall submit to the congressional defense committees a report on the progress of each directed energy program being developed or fielded by the Department of Defense.
(f) Termination.—The working group under this section shall terminate 4 years after the date of the enactment of this Act.
(a) In general.—Not later than February 1, 2022, the Secretary of the Navy shall designate a program executive officer for autonomy who shall be the official within the Department of the Navy with primary responsibility for the development and integration of autonomous technology into weapon systems.
(b) Program executive officer defined.—In this section, the term “program executive officer” has the meaning given that term in section 1737(a)(4) of title 10, United States Code.
(a) Independent cost estimate.—
(1) IN GENERAL.—The Director of Cost Assessment and Program Evaluation shall—
(A) review any cost estimate of the Advanced Battle Management System prepared by the Department of the Air Force; and
(B) conduct an independent cost estimate of the full life-cycle cost of the Advanced Battle Management System.
(2) SUBMITTAL TO CONGRESS.—At the same time as the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report on the results of the review and independent cost estimate conducted under paragraph (1).
(b) Air Force briefing requirement.—Section 147(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1670) is amended by adding at the end the following: Each briefing shall include a detailed explanation of any on-ramp exercise of the Advanced Battle Management System conducted during the quarter covered by the report, including an explanation of—
“(1) the objectives achieved by the exercise;
“(2) the realism of the exercise, including identification of the portions of the exercise that were scripted and unscripted and any technical workarounds or substitutes used for purposes of the exercise;
“(3) the interim capabilities provided to combatant commanders after the conclusion of the exercise (commonly known as ‘leave behind’ capabilities) and a plan for the sustainment or upgrade of such capabilities; and
“(4) the total cost of the exercise and a breakdown of the costs with respect to technology, range and demonstration resources, personnel, and logistics.”.
(c) Reports.—Not later than December 20, 2020, the Secretary of the Air Force shall submit to the congressional defense committees the following reports on the Advanced Battle Management System:
(1) REPORT ON PLANNED CAPABILITIES.—A report on the planned product line capabilities of the Advanced Battle Management System, including—
(A) a description of the technologies needed to implement and achieve such product line capabilities;
(B) a timeline for the technical maturation of such product line capabilities; and
(C) a notional schedule for fielding such product line capabilities over the period covered by the current future-years defense program under section 221 of title 10, United States Code.
(2) REPORT ON ACQUISITION AUTHORITIES.—A report on the allocation of responsibilities among the individuals and entities responsible for acquisition for the Advanced Battle Management System, including an explanation of how decision-making and governance of the acquisition process is allocated among the Chief Architect Integration Office and other entities that are expected provide capabilities for the System.
(3) REPORT ON ALIGNMENT WITH COMMON MISSION CONTROL CENTER.—A report, which may be submitted in classified or unclassified form, that explains how, and to what extent, the Advanced Battle Management System will be aligned and coordinated with the Common Mission Control Center of the Air Force.
(d) Report on security measures.—At the same time as the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report that describes how the Secretary plans to ensure the security of the Advanced Battle Management System, including a description of any information assurance and anti-tamper requirements for the System.
(e) Advanced Battle Management System defined.—In this section, the term “Advanced Battle Management System” has the meaning given that term in section 236(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281).
(a) List of programs.—The Secretary of Defense shall develop and maintain a list of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary.
(b) Criteria.—In developing the list under subsection (a), the Secretary of Defense shall consider—
(1) the extent to which a foreign talent program—
(A) poses a threat to research funded by the Department of Defense; and
(B) engages in, or facilitates, cyber attacks, theft, espionage, or otherwise interferes in the affairs of the United States; and
(2) any other factors the Secretary determines appropriate.
(c) Information to Congress.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the list developed under subsection (a).
(d) Publication in Federal Register.—Not later than 30 days after making the submission required under subsection (c), the Secretary of Defense shall publish the list developed under subsection (a) in the Federal Register.
(e) Notice and comment period.—The list developed under subsection (a), and any guidance, rules, updates, or other requirements relating to such list, shall not take effect until such list, or any such guidance, rules, updates, or other requirements (as the case may be) have been—
(1) published in the Federal Register; and
(2) open for public comment for a period of not less than 60 days.
(f) Foreign talent program defined.—In this section, the term “foreign talent program” has the meaning given that term for purposes of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).
(a) Disclosure requirement.—Each Federal research agency shall require—
(1) any individual applying for funds from that agency as a principal investigator or co-principal investigator under a grant or cooperative agreement to disclose all current and pending support and the sources of such support at the time of the application for funds; and
(2) any institution of higher education applying for funds from that agency to certify that every principal investigator or co-principal investigator who is employed by the institution of higher education and is applying for such funds has been made aware of the requirement under paragraph (1).
(b) Consistency.—The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) shall ensure that the requirements issued by Federal research agencies under subsection (a) are consistent.
(1) IN GENERAL.—In the event that an individual or entity violates the disclosure requirements under subsection (a), a Federal research agency may take one or more of the following actions against such individual or entity:
(A) Reject an application for a grant or cooperative agreement because the disclosed current and pending support violates agency terms and conditions.
(B) Reject an application for a grant or cooperative agreement because current and pending support have not been disclosed as required under subsection (a).
(C) Temporarily or permanently discontinue any or all funding from that agency for any principal investigator or co-principal investigator who has failed to properly disclose current and pending support pursuant to subsection (a).
(D) Temporarily or permanently suspend or debar a researcher, in accordance with part 180 of title 2, Code of Federal Regulations, from receiving funding from that agency when failure to disclose current and pending support pursuant to subsection (a) as done knowingly and willfully.
(E) Refer a failure to disclose under subsection (a) to Federal law enforcement authorities to determine whether any criminal statutes have been violated.
(2) NOTICE.—A Federal research agency intending to take action under any of subparagraph (A), (B), (C), or (D) of paragraph (1) shall notify the institution of higher education, principal investigator and any co-principal investigators subject to such action about the specific reason for the action, and shall provide the institution, principal investigator, and co-principal investigator, as applicable, with the opportunity and a process by which to contest the proposed action.
(3) EVIDENTIARY STANDARDS.—A Federal research agency seeking suspension or debarment under paragraph (1)(D) shall abide by the procedures and evidentiary standards set forth in part 180 of title 2, Code of Federal Regulations.
(d) Definitions.—In this section:
(1) CURRENT AND PENDING SUPPORT.—The term “current and pending support” means all resources made available to an individual in direct support of the individual’s research efforts, regardless of whether such resources have monetary value, and includes in-kind contributions requiring a commitment of time and directly supporting the individual’s research efforts, such as the provision of office or laboratory space, equipment, supplies, employees, and students.
(2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) FEDERAL RESEARCH AGENCY.—The term “Federal research agency” includes the following and any organizations and elements thereof:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Education.
(E) The Department of Energy.
(F) The Department of Health and Human Services.
(G) The Department of Homeland Security.
(H) The Department of Transportation.
(I) The Environmental Protection Agency.
(J) The National Aeronautics and Space Administration.
(K) The National Science Foundation.
(a) Limitation on availability of funds for LUSV.—
(1) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of the Navy for the procurement of a large unmanned surface vessel may be obligated or expended until a period of 60 days has elapsed following the date on which the Secretary of the Navy submits to the congressional defense committees the certification described in paragraph (2).
(2) CERTIFICATION DESCRIBED.—The certification described in this paragraph is a written statement of the Secretary of the Navy certifying, with respect to any large unmanned surface vessel to be procured by the Secretary, the following:
(A) A hull system, a mechanical system, and an electrical system have been developed for the vessel and each system—
(i) has attained a technology readiness level of seven or greater; and
(ii) can be operated autonomously for a minimum of 30 days.
(B) A command control system has been developed for the vessel and the system—
(i) can be operated autonomously;
(ii) includes autonomous detection; and
(iii) has attained a technology readiness level of seven or greater.
(C) A detailed plan has been developed for measuring and demonstrating the reliability of the vessel.
(D) All payloads expected to be carried on the vessel have attained a technology readiness level of seven or greater.
(b) Limitation on LUSV weapon integration.—The Secretary of the Navy may not integrate any offensive weapon system into a large unmanned surface vessel until the date on which the Secretary of the Defense certifies to the congressional defense committees that any large unmanned surface vessel that employs offensive weapons will comply with the law of armed conflict. Such certification shall include a detailed explanation of how such compliance will be achieved.
(a) Limitation on Air Force funds.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the next generation air dominance initiative of the Air Force, not more than 85 percent may be obligated or expended until the date on which the Director of Cost Assessment and Program Evaluation submits the report required under subsection (d)(1).
(b) Limitation on Navy funds.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the next generation air dominance initiative of the Navy, not more than 85 percent may be obligated or expended until the date on which the Director of Cost Assessment and Program Evaluation submits the report required under subsection (d)(2).
(1) IN GENERAL.—The Director of Cost Assessment and Program Evaluation shall conduct—
(A) a non-advocate review of the next generation air dominance initiative of the Air Force; and
(B) a non-advocate review of the next generation air dominance initiative of the Navy.
(2) ELEMENTS.—Each review under paragraph (1) shall include an assessment of—
(A) all risks associated with cost, schedule, development, integration, production, fielding, and sustainment of next generation air dominance capabilities;
(B) the technological maturity of significant hardware and software efforts planned or carried out as part of the development of such capabilities; and
(C) affordability goals that the Air Force and the Navy (as the case may be) will be required to achieve during development, production, and sustainment activities for such capabilities that will not jeopardize or otherwise be detrimental to other high-priority future capabilities being developed and procured to support and execute other primary core competencies and missions.
(d) Reports.—The Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees—
(1) a report on the results of the review conducted under subsection (c)(1)(A) with respect to the Air Force; and
(2) a report on the results of the review conducted under subsection (c)(1)(B) with respect to the Navy.
Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—
(1) in subsection (a)(2), by inserting “training,” after “management,”;
(A) in paragraph (28) by striking “Infrastructure resilience” and inserting “Additive manufacturing”;
(B) by redesignating paragraph (30) as paragraph (33); and
(C) by inserting after paragraph (29) the following new paragraphs:
“(30) Corrosion prevention and control.
“(31) Advanced manufacturing for metal casting.
“(32) 3D and virtual technology training platforms.”;
(3) by redesignating subsections (f) and (g) as subsection (g) and (h), respectively;
(4) by inserting after subsection (e) the following new subsection:
“(f) Requirement To establish consortia.—
“(1) IN GENERAL.—In carrying out subsection (a)(1)—
“(A) the Secretary of Defense shall seek to establish at least one multi-institution consortium through the Office of the Secretary of Defense;
“(B) the Secretary of the Army shall seek to establish at least one multi-institution consortium through the Army;
“(C) the Secretary of the Navy shall seek to establish at least one multi-institution consortium through the Navy; and
“(D) the Secretary of the Air Force shall seek to establish at least one multi-institution consortium through the Air Force.
“(2) REPORT REQUIRED.—Not later than September 30, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the efforts to establish consortia under paragraph (1).”; and
(5) in subsection (g), as so redesignated, by striking “2022” and inserting “2026”.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall do the following:
(1) Designate an official serving within the Office of the Under Secretary of Defense for Research and Engineering to work with the academic and research communities to protect academic research funded by the Department of Defense from undue foreign influences and threats.
(2) Set forth the responsibilities of the official designated under paragraph (1), including—
(A) serving as the liaison of the Department of Defense with the academic and research communities;
(B) carrying out initiatives of the Department related to the protection of academic research funded by the Department from undue foreign influences and threats, including the initiatives established under section 1286 of the National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note);
(C) not less frequently than once a year, conducting outreach and education activities for the academic and research community about undue foreign influences and threats to academic research that is funded by the Department;
(D) coordinating and aligning the policies relating to academic research security of—
(i) the elements of the Department specified in section 111(b) of title 10, United States Code;
(ii) the intelligence community;
(iii) Federal science agencies;
(iv) the Office of Science and Technology Policy; and
(v) Federal regulatory agencies; and
(E) working with the intelligence community to the maximum extent practicable to share with the academic and research communities, at least annually, unclassified information, including counterintelligence information, on threats from undue foreign influences.
(b) Rule of construction.—Nothing in this section shall be construed as authorizing the official designated under subsection (a)(1) to classify academic research in a manner that is inconsistent with the policies of the Department of Defense or the National Security Decision Directive Numbered 189 of September 21, 1985, titled “National Policy on the Transfer of Scientific, Technical and Engineering Information”, or any successor directive.
(c) Definitions.—In this section:
(1) FEDERAL REGULATORY AGENCIES.—The term “Federal regulatory agencies” means the Department of Defense, the Department of Commerce, the Department of State, the Department of Justice, the Department of Energy, the Department of the Treasury, the Department of Homeland Security, and the National Archives and Records Administration.
(2) FEDERAL SCIENCE AGENCIES.—The term “Federal science agencies” means each agency (as such term is defined in section 551 of title 5, United States Code) that obligated or expended not less than $100,000,000 in the previous fiscal year for research and development.
(3) INTELLIGENCE COMMUNITY.—the term “intelligence community” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(a) Establishment.—There is established in the executive branch a steering committee on emerging technology and national security threats (referred to in this section as the “Steering Committee”).
(b) Membership.—The Steering Committee shall be composed of the following:
(1) The Deputy Secretary of Defense.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary of Defense for Intelligence and Security.
(4) Such other officials of the Department of Defense as are jointly appointed to Steering Committee by the officials specified in paragraphs (1) through (3).
(c) Co-Chairs.—The officials specified in paragraphs (1) through (3) of subsection (b) shall serve as co-chairs of the Steering Committee.
(d) Staff and support services.—Upon request of the co-chairs, the Department of Defense shall provide to the Steering Committee, on a reimbursable basis, such staff and administrative support services as are necessary for the Committee to carry out its responsibilities under this section.
(e) Responsibilities.—The Steering Committee shall be responsible for—
(1) developing a strategic vision for the organizational change, concept and capability development, and technology investments in emerging technologies that are needed to maintain the technological edge of the military and intelligence community of the United States;
(2) providing credible assessments of emerging threats and identifying investments and advances in emerging technology undertaken by adversaries of the United States;
(3) making recommendations to the Secretary of Defense on—
(A) the implementation of the strategy developed under to paragraph (1); and
(B) steps that may be taken to address the threats identified under to paragraph (2);
(4) coordinating with the Joint Committee on Research Environments of the National Science and Technology Council;
(5) ensuring emerging technologies procured and used by the military will be tested for algorithmic bias and discriminatory outcomes; and
(6) carrying out such other activities as are assigned to the Steering Committee by the Secretary of Defense.
(f) Coordination with JAIC.—The co-chairs shall coordinate the activities of the Steering Committee with the activities of the Board of Directors of the Joint Artificial Intelligence Center established under section 224, as appropriate.
(1) IN GENERAL.—The co-chairs stall establish a working group, in coordination with the Defense Advanced Research Project Agency and such other departments and agencies of the Federal Government as the co-chairs deem appropriate, to—
(A) inform the Steering Committee’s activities with respect to the national security implications of machine-manipulated media (commonly known as “deepfakes”);
(B) assess the Federal Government’s capabilities with respect to technologies to detect, or otherwise counter and combat, machine-manipulated media and other advanced image manipulation methods;
(C) assess the machine-manipulated media capabilities of foreign countries and non-state actors, with particular emphasis on the People’s Republic of China and the Russian Federation; and
(D) provide recommendations to the Steering Committee on the matters described in subparagraphs (A) through (C).
(2) MACHINE-MANIPULATED MEDIA DEFINED.—In this subsection, the term “machine-manipulated media” has the meaning given that term in section 5724(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(h) Emerging technology defined.—In this section, the term “emerging technology” means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, technology for the analysis of large and diverse sets of data (commonly known as “big data analytics”), artificial intelligence (including deepfake videos and related technologies), autonomous technology, robotics, directed energy, hypersonics, biotechnology, distributed ledger technology, and such other technology as may be identified by the Secretary.
(1) TRAINING PROGRAM.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a program to provide covered human resources personnel with training in the fields of software development, data science, and artificial intelligence, as such fields related to the duties of such personnel.
(2) ELEMENTS.—The training provided under paragraph (1) shall include—
(A) a generalist’s introduction to—
(i) software development and business processes;
(ii) data management practices related to machine learning;
(iii) machine learning, deep learning, and artificial intelligence;
(iv) artificial intelligence workforce roles; and
(v) cybersecurity and secure software development; and
(B) training in the authorities and procedures that may be used to recruit software developers, data scientists, and artificial intelligence professionals, including direct hiring authorities, excepted service authorities, the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.), and authorities for hiring special government employees and highly qualified experts.
(3) CERTIFICATE OF COMPLETION.—The Secretary of Defense shall issue a certificate of completion to each individual who successfully completes the training provided under paragraph (1), as determined by the Secretary.
(4) IMPLEMENTATION.—The Secretary of Defense shall implement the training program under paragraph (1) as follows:
(A) In the first year in which the training program is carried out, the Secretary shall ensure that not less than 20 percent of covered human resource personnel complete the program.
(B) In each year of the training program after the first year, the Secretary shall ensure that not less than an additional 10 percent of covered human resources personnel complete the program until 80 percent of such personnel have completed the program.
(C) After achieving the 80 percent completion rate specified in subparagraph (B), the Secretary shall ensure, in each year, that not less than 80 percent of covered human resources personnel have completed the training program.
(b) Covered human resources personnel defined.—In this section, the term “covered human resources personnel” means members of the Armed Forces and civilian employees of the Department of Defense, including human resources professionals, hiring managers, and recruiters, who are responsible for hiring software developers, data scientists, or artificial intelligence professionals for the Department.
(a) Guidance required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to ensure, to the extent practicable, that all facilities the Department of Defense at which covered personnel perform work functions have unclassified workspaces.
(b) Use of workspaces by other personnel.—The guidance issued under subsection (a) shall include guidelines under which appropriately screened individuals other than covered personnel, such as interns and visiting experts, may use unclassified workspaces on a space-available basis.
(c) Report required.—Not later than 90 days after the issuance of the guidance under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report that includes—
(1) a plan for implementing the guidance;
(2) a description of how existing facilities may be modified to accommodate unclassified workspaces; and
(3) identification of any impediments to making unclassified workspace available as described in subsection (a).
(1) In this section, the term “unclassified workspace” means a workspace at which unclassified work may be performed.
(2) The term “covered personnel” means a member of the Armed Forces or a civilian employee of the Department of Defense who has applied for, but who has not yet received, a security clearance.
(a) Pilot program.—Beginning not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which applicants for technical positions within the Department of Defense will be evaluated, in part, based on electronic portfolios of the applicant’s work, as described in subsection (b).
(b) Activities.—Under the pilot program, the human resources manager of an organization of the Department of Defense participating in the program, in consultation with relevant subject matter experts, shall assess each applicant for a technical position in the organization by reviewing an electronic portfolio of the applicant’s best work, as selected by the applicant.
(c) Scope of program.—The Secretary of Defense shall carry out the pilot program under subsection (a) in at least one major command of each military department.
(d) Report.—Not later than 2 years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the program. At a minimum, the report shall describe—
(1) how the use of electronic portfolios in the hiring process affected the timeliness of the hiring process for technical positions in organizations of the Department of Defense participating in the program; and
(2) the level of satisfaction of organization leaders, hiring authorities, and subject matter experts with the quality of applicants that were hired based on evaluations of electronic portfolios.
(e) Technical position defined.—In this section, the term “technical position” means a position in the Department of Defense requiring expertise in artificial intelligence, data science, or software development.
(f) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate 5 years after the date of the enactment of this Act.
(a) Online artificial intelligence courses.—The Secretary of Defense shall make available a list of approved online courses relating to artificial intelligence that may be taken by civilian employees of the Department of Defense and members of the Armed Forces on a voluntary basis while not engaged in the performance of their duties.
(b) Documentation of completion.—The Secretary of Defense shall develop and implement a system—
(1) to confirm whether a civilian employee of the Department of Defense or member of the Armed Forces has completed an online course approved by the Secretary under paragraph (1); and
(2) to document the completion of such course in the personnel file of such employee or member.
(c) Reward system.—The Secretary of Defense shall develop and implement a system to reward civilian employees of the Department of Defense and members of the Armed Forces who complete an online course approved by the Secretary under paragraph (1), which may include—
(1) for a member of the Armed Forces, a 24-hour pass which may be used on a stand-alone basis or in conjunction with other leave, holiday, or weekend periods; and
(2) for a civilian employees of the Department, up to 8 hours of additional leave.
(d) Deadline.—The Secretary of Defense shall carry out the activities described in subparagraphs (a) through (c) not later than 180 days after the date of the enactment of this Act.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, jointly with the Secretaries of the military departments, and in consultation with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Personnel and Readiness, shall establish a program under which qualified professors and students may be employed on a part-time or term basis in an organization of the Defense science and technology enterprise for the purpose of conducting a research project.
(1) SELECTION AND HIRING.—The head of an organization in the Defense science and technology enterprise at which positions are made available under subsection (a) shall be responsible for selecting qualified professors and students to fill such positions.
(2) SELECTION CRITERIA.—A qualified professor or student shall be selected for participation in the program under subsection (a) based on the following criteria:
(A) In the case of a qualified professor—
(i) the academic credentials and research experience of the professor; and
(ii) the extent to which the research proposed to be carried out by the professor will contribute to the objectives of the Department of Defense.
(B) In the case of qualified student assisting a professor with a research project under the program—
(i) the academic credentials and other qualifications of the student; and
(ii) the ability of the student to carry out the responsibilities assigned to the student as part of the project.
(1) MINIMUM NUMBER OF POSITIONS.—In the first year of the program under subsection (a), the Secretary of Defense shall establish not fewer than 10 positions for qualified professors. Not fewer than five of such positions shall be reserved for qualified professors to conduct research in the fields of artificial intelligence and machine learning.
(2) AUTHORITIES.—In carrying out the program under subsection (a), the Secretary of Defense and the heads of organizations in the Defense science and technology enterprise may—
(A) use any hiring authority available to the Secretary or the head of such an organization;
(B) enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a); and
(C) pay referral bonuses to professors or students participating in the program who identify—
(i) students to assist in a research project under the program; or
(ii) students or recent graduates to participate in other programs in the Defense science and technology enterprise, including internships at Department of Defense Laboratories and in the Pathways Program of the Department.
(1) INITIAL REPORT.—Not later than 30 days after the conclusion of the first year of the program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the status of the program. The report shall include—
(A) identification of the number of qualified professors and students employed under the program;
(B) identification of the organizations in the Defense science and technology enterprise that employed such individuals; and
(C) a description of the types of research conducted by such individuals.
(2) SUBSEQUENT REPORTS.—Not later than 30 days after the conclusion of the second and third years of the program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the program. Each report shall include—
(A) the information described in subparagraphs (A) through (C) of paragraph (1);
(B) the results of any research projects conducted under the program; and
(C) the number of students and recent graduates who, pursuant to a reference from a professor or student participating in the program as described in subsection (c)(2)(C), were hired by the Department of Defense or selected for participation in another program in the Defense science and technology enterprise.
(e) Definitions.—In this section:
(1) The term “Defense science and technology enterprise” means—
(A) the research organizations of the military departments;
(B) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note));
(C) the facilities of the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code);
(D) the Defense Advanced Research Projects Agency; and
(E) such other organizations as the Secretary of Defense determines appropriate for inclusion in the enterprise.
(2) The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) The term “qualified professor” means a professor of an institution of higher education who has expertise in science, technology, engineering, and mathematics.
(4) The term “qualified student” means a student of an institution of higher education selected by a qualified professor to assist the professor in conducting research.
(a) Modification of strategy for assured access to trusted microelectronics.—Section 231 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—
(1) in subsection (a), by striking “September 30, 2019” and inserting “December 30, 2020”;
(2) in subsection (b), by adding at the end the following new paragraphs:
“(10) An approach to ensuring the continuing production of cutting-edge microelectronics for national security needs, including state-of-the-art node sizes, heterogeneous integration, advantaged sensor manufacturing, boutique chip designs, and variable volume production capabilities.
“(11) An assessment of current microelectronics supply chain management practices, existing risks, and actions that may be carried out to mitigate such risks by organizations in the defense industrial base.
“(12) A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development.
“(13) An assessment of the feasibility, usefulness, efficacy, and cost of—
“(A) developing a national laboratory exclusively focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as a hub for Federal Government research into breakthrough microelectronics-related technologies; and
“(B) incorporating into such national laboratory a commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the high costs of microelectronics design and fabrication, with access to funding resources, fabrication facilities, design tools, and shared intellectual property.
“(14) Such other matters as the Secretary of Defense determines to be relevant.”;
(3) in subsection (d), by striking “September 30, 2019” and inserting “December 30, 2020”; and
(4) in subsection (e), by striking “September 30, 2019” and inserting “December 30, 2020”.
(b) Advisory panel on microelectronics leadership and competitiveness.—
(1) ESTABLISHMENT.—Not later than 30 days after the date of the enactment of this Act, the President, in consultation with the National Security Council, the National Economic Council, and the Office of Science and Technology Policy, shall establish an advisory panel on microelectronics leadership and competitiveness (referred to in this subsection as the “Advisory Panel”).
(2) MEMBERSHIP.—The Advisory Panel shall be composed of the following members:
(A) The Secretary of Defense.
(B) The Secretary of Energy.
(C) The Director of the National Science Foundation.
(D) The Director of the National Institute of Standards and Technology.
(E) The heads of such other departments and agencies of the Federal Government as the President, in consultation with the National Security Council, determines appropriate.
(A) IN GENERAL.—Not later than 180 days after the date on which the Advisory Panel is established, the Panel shall develop a national strategy to—
(i) accelerate the development and deployment of state-of-the-art microelectronics; and
(ii) ensure that the United States is a global leader in the field of microelectronics.
(B) ELEMENTS.—The strategy developed under subparagraph (A) shall address the following:
(i) Activities that may be carried out to strengthen engagement and outreach between the Department of Defense and industry, academia, international partners of the United States, and other departments and agencies of the Federal Government on issues relating to microelectronics.
(ii) Science, technology, research, and development efforts to facilitate the advancement and adoption of microelectronics and new uses of microelectronics and components, including efforts to—
(I) accelerate leap-ahead research, development, and innovation in microelectronics; and
(II) deploy heterogeneously integrated microelectronics for machine learning and other applications.
(iii) The role of diplomacy and trade in maintaining the position of the United States as a global leader in the field of microelectronics, including the feasibility and advisability of—
(I) implementing multilateral export controls tailored through direct coordination with key allies of the United States, including through the Wassenaar Arrangement and other multilateral fora, for specific semiconductor manufacturing equipment such as extreme ultraviolet photolithography equipment and argon fluoride immersion photolithography equipment;
(II) additional trade enforcement actions that may be initiated by the United States to address any unfair or excessive foreign semiconductor subsidy programs or other unfair microelectronics trade practices; and
(III) the elimination of any trade barriers or unilateral export controls that harm United States companies without producing a substantial benefit to the competitiveness or national security of the United States.
(iv) The potential role of a national laboratory and incubator exclusively focused on the research and development of microelectronics, as described in section 231(b)(13) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) (as added by subsection (a)) in carrying out the strategy and plan required subparagraph (A).
(v) Such other activities as the Panel determines may be appropriate to overcome looming challenges to the innovation, competitiveness, and supply chain integrity of the United States in the area of microelectonics.
(c) Briefings.—Not later than 90 days after the date of the enactment of this Act—
(1) the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in developing the strategy and implementation plan required under section 231(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note); and
(2) the Assistant to the President for National Security Affairs shall provide to the congressional defense committees a briefing on the progress of the Advisory Panel in developing the strategy required under subsection (b)(3).
(d) Advanced manufacturing incentives.—
(1) IN GENERAL.—The Secretary of Defense shall, in consultation with the Secretary of Commerce, the Secretary of Homeland Security, and the Director of National Intelligence, work with the private sector through a public-private partnership, including by incentivizing the formation of a consortium of United States companies, to ensure the development and production of advanced, measurably secure microelectronics. Such work may include providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable semiconductors manufacturing or advanced research and development facilities.
(2) RISK MITIGATION REQUIREMENTS.—A participant in a consortium formed with incentives under paragraph (1) shall—
(A) have the potential to perform fabrication, assembly, package, or test functions for semiconductors deemed critical to national security as defined by export control regulatory agencies in consultation with the National Security Adviser and the Secretary of Defense;
(B) demonstrate management processes to identify and mitigate supply chain security risks; and
(C) be able to produce semiconductors consistent with applicable measurably secure supply chain and operational security standards established under section 224(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(3) NATIONAL SECURITY CONSIDERATIONS.—The Secretary of Defense and the Director of National Intelligence shall select participants for the consortium formed with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider whether the United States companies—
(A) have participated in previous programs and projects of the Department of Defense, Department of Energy, or the intelligence community, including—
(i) the Trusted Integrated Circuit program of the Intelligence Advanced Research Projects Activity;
(ii) trusted and assured semiconductors projects, as administered by the Department of Defense;
(iii) the Electronics Resurgence Initiative (ERI) program of the Defense Advanced Research Projects Agency; or
(iv) relevant semiconductor research programs of Advanced Research Projects Agency–Energy;
(B) have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community;
(C) are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk, taking into account supply chain assurance vulnerabilities, counterintelligence risks, and any risks presented by companies whose owners are located outside the United States; and
(D) are evaluated periodically for foreign ownership, control, or influence by foreign entities of concern.
(4) NONTRADITIONAL DEFENSE CONTRACTORS AND COMMERCIAL ENTITIES.—Arrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract, a grant, a cooperative agreement, a commercial agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement.
(5) DISCHARGE.—The Secretary of Defense shall carry out paragraph (1) jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment, or such other component of the Department of Defense as the Secretary considers appropriate.
(6) OTHER INITIATIVES.—The Secretary of Defense shall dedicate initiatives within the Department of Defense to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened semiconductors that support national security and dual-use applications.
(A) REPORT BY SECRETARY OF DEFENSE.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraph (1).
(B) BIENNIAL REPORTS BY COMPTROLLER GENERAL OF THE UNITED STATES.—Not later than 1 year after the date on which the Secretary submits the report required by subparagraph (A) and not less frequently than once every 2 years thereafter for a period of 10 years, the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection.
(e) Report under the Defense Production Act of 1950.—
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report on a plan for any use of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a domestic production capability for microelectronic technologies and related technologies, subject to—
(A) the availability of appropriations for that purpose; and
(B) a determination made under the plan pursuant to such title III that such technologies are essential to the national defense.
(2) CONSULTATION.—The President shall develop the plan required by paragraph (1) in consultation with any relevant head of a Federal agency, any advisory committee established under section 708(a) of the Defense Production Act of 1950 (50 U.S.C. 4558), and appropriate stakeholders in the private sector.
(a) Assessment required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Board of Directors of the Joint Artificial Intelligence Center established under section 224, shall conduct an assessment to determine whether the Department of Defense has the ability to ensure that any artificial intelligence technology acquired by the Department is ethically and responsibly developed.
(b) Elements.—The assessment conducted under subsection (a) shall address the following:
(1) Whether the Department of Defense has personnel with sufficient expertise, across multiple disciplines, to ensure the acquisition of ethically and responsibly developed artificial intelligence technology, including personnel with sufficient ethical, legal, and technical expertise to advise on the acquisition of such technology.
(2) The feasibility and advisability of retaining outside experts as consultants to assist the Department in filling any gaps in expertise identified under paragraph (1).
(3) The extent to which existing acquisition processes encourage or require consultation with relevant experts across multiple disciplines within the Department to ensure that artificial intelligence technology acquired by the Department is ethically and responsibly developed.
(4) Quantitative and qualitative standards for assessing the extent to which experts across multiple disciplines are engaged in the acquisition of artificial intelligence technology by the Department.
(1) IN GENERAL.—Not later than 30 days after the date on which the Secretary completes the assessment under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the assessment.
(2) ELEMENTS.—The report under paragraph (1) shall include, based on the results of the assessment—
(A) an explanation of whether the Department of Defense has personnel with sufficient expertise, across multiple disciplines, to ensure the acquisition of ethically and responsibly developed artificial intelligence technology;
(B) an explanation of whether the Department has adequate procedures to encourage or require the consultation of such experts as part of the acquisition process for artificial intelligence technology; and
(C) with respect to any deficiencies identified under subparagraph (A) or subparagraph (B), a description of any measures that have been taken, and any additional resources that may be needed, to mitigate such deficiencies.
(a) Public-Private talent exchange.—Section 1599g of title 10, United States Code is amended—
(1) in subsection (b)(1), by amending subparagraph (C) to read as follows:
“(C) shall contain language ensuring that such employee of the Department does not improperly use information that such employee knows relates to a Department acquisition, or procurement for the benefit or advantage of the private-sector organization.”.
(i) by striking “is deemed to be an employee of the Department of Defense for the purposes of” and inserting “is subject to”;
(ii) by striking subparagraph (D); and
(iii) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph (4); and
(D) by adding at the end the following new paragraph:
“(5) shall be required to file a Public Financial Disclosure Report (OGE Form 278) and the Public Financial Disclosure Report for a such a person and a description of any waivers provided to such person shall be made available on a publicly accessible website of the Department of Defense.”.
(b) Application of exchange authority to artificial intelligence.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall take steps to ensure that the authority for the Department of Defense to operate a public-private talent exchange program pursuant to section 1599g of title 10, United States Code, is used to exchange personnel with private sector entities working on artificial intelligence applications. Such application of the authority of section 1599g shall be in addition to, not in lieu of, any other application of such authority by the Department of Defense.
(c) Goals for program participation.—In carrying out the requirement of subsection (b), the Secretary shall seek to achieve the following objectives:
(1) In the Secretary of Defense Executive Fellows program, the nomination of an additional five uniformed service members and three government civilians by each service and by the Office of the Secretary of Defense, for sponsorship by private sector entities working on artificial intelligence applications.
(2) For the public-private talent exchange program of the Under Secretary of Defense for Acquisition and Sustainment—
(A) an additional ten government employees to work with private sector entities working on artificial intelligence applications; and
(B) an additional ten employees of private sector entities working on artificial intelligence applications to work in the Department.
(3) The establishment of the following new public-private talent exchange programs in the Office of the Secretary of Defense, comparable to the program referred to in paragraph (2)—
(A) in the office of the Undersecretary of Defense for Research and Engineering, a program with twenty participants, focused on exchanges with private sector entities working on artificial intelligence applications.
(B) in the office of the Chief Information Officer of the Department of Defense, a program with twenty participants, focused on exchanges with private sector entities working on artificial intelligence applications.
(4) In the Army, Navy, and Marine Corps, the establishment of new public-private exchange programs, comparable to the Air Force Education with Industry Program, each with twenty program participants, focused on private sector entities working on artificial intelligence applications.
(d) Treatment of program participants.—
(1) The Army, Navy, and Marine Corps shall take steps to ensure that participation by a service member in a program described in subsection (c)(4) is treated, for purposes of promotion boards and subsequent assignments, as equivalent to attending resident professional military education.
(2) The Secretary of Defense shall establish a public-private exchange program billet office to temporarily hold billets for civilian employees who participate in programs described in subsection (b), to ensure that participating Department of Defense offices are able to retain their staffing levels during the period of participation.
(e) Briefing on expansion of existing exchange programs.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the efforts undertaken to expand existing public-private exchange programs of the Department of Defense and to ensure that such programs seek opportunities for exchanges with private sector entities working on artificial intelligence applications, in accordance with the requirements of this section.
Subsection (b) of section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following paragraph:
“(11) A description of efforts of the Center and the Department of Defense to develop or contribute to the development of artificial intelligence standards, including—
“(A) the participation of the Center and the Department of Defense in international and multistakeholder standard-setting bodies; and
“(B) collaboration between the Center and Department of Defense and—
“(i) other organizations and elements of the Department of Defense (including the Defense Agencies and the military departments);
“(ii) agencies of the Federal Government; and
“(iii) private industry (including the defense industrial base).”.
This subtitle may be cited as the “Sustainable Chemistry Research and Development Act of 2020”.
Congress finds that—
(1) Congress recognized the importance and value of sustainable chemistry in section 114 of the American Innovation and Competitiveness Act (Public Law 114–329);
(2) sustainable chemistry and materials transformation is a key value contributor to business competitiveness across many industrial and consumer sectors;
(3) companies across hundreds of supply chains critical to the American economy are seeking to reduce costs and open new markets through innovations in manufacturing and materials, and are in need of new innovations in chemistry, including sustainable chemistry;
(4) sustainable chemistry can improve the efficiency with which natural resources are used to meet human needs for chemical products while avoiding environmental harm, reduce or eliminate the emissions of and exposures to hazardous substances, minimize the use of resources, and benefit the economy, people, and the environment; and
(5) a recent report by the Government Accountability Office (GAO–18–307) found that the Federal Government could play an important role in helping realize the full innovation and market potential of sustainable chemistry technologies, including through a coordinated national effort on sustainable chemistry and standardized tools and definitions to support sustainable chemistry research, development, demonstration, and commercialization.
(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall convene an interagency entity (referred to in this subtitle as the “Entity”) under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including those described in sections 255 and 256.
(b) Coordination with existing groups.—In convening the Entity, the Director of the Office of Science and Technology Policy shall consider overlap and possible coordination with existing committees, subcommittees, or other groups of the National Science and Technology Council, such as—
(1) the Committee on Environment;
(2) the Committee on Technology;
(3) the Committee on Science; or
(4) related groups or subcommittees.
(c) Co-Chairs.—The Entity shall be co-chaired by the Director of the Office of Science and Technology Policy and a representative from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science and Technology Policy.
(d) Agency participation.—The Entity shall include representatives, including subject matter experts, from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, the Department of Energy, the Department of Agriculture, the Department of Defense, the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other related Federal agencies, as appropriate.
(e) Termination.—The Entity shall terminate on the date that is 10 years after the date of enactment of this Act.
(a) Strategic plan.—Not later than 2 years after the date of enactment of this Act, the Entity shall—
(1) consult with relevant stakeholders, including representatives from industry, academia, national labs, the Federal Government, and international entities, to develop and update, as needed, a consensus definition of “sustainable chemistry” to guide the activities under this subtitle;
(2) develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry, as described in subsection (b);
(3) assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this subtitle can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;
(4) coordinate and support Federal research, development, demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including budget coordination and support for public-private partnerships, as appropriate;
(5) identify any Federal regulatory barriers to, and opportunities for, Federal agencies facilitating the development of incentives for development, consideration, and use of sustainable chemistry processes and products;
(6) identify major scientific challenges, roadblocks, or hurdles to transformational progress in improving the sustainability of the chemical sciences;
(7) identify other opportunities for expanding Federal efforts in support of sustainable chemistry; and
(8) review, identify, and make efforts to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.
(b) Characterizing and assessing sustainable chemistry.—The Entity shall develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry for the purposes of carrying out the Act. In developing this framework, the Entity shall—
(1) seek advice and input from stakeholders as described in subsection (c);
(2) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;
(3) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and
(4) consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.
(c) Consultation.—In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, or other mechanisms as necessary. The stakeholders shall include representatives from—
(1) business and industry (including trade associations and small- and medium-sized enterprises from across the value chain);
(2) the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia);
(3) the defense community;
(4) State, Tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subtitle, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include—
(A) a summary of federally funded, sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;
(B) a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;
(C) an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;
(D) an analysis of the progress made toward achieving the goals and priorities of this subtitle, and recommendations for future program activities;
(E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices among participating agencies; and
(F) an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry, efforts undertaken by the Entity to eliminate duplicative funding and research, and recommendations on how to achieve these goals.
(2) SUBMISSION TO GAO.—The Entity shall also submit the report described in paragraph (1) to the Comptroller General of the United States for consideration in future Congressional inquiries.
(3) ADDITIONAL REPORTS.—The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs (a), (b), (d), (e), and (f) every 3 years, commencing after the initial report is submitted until the Entity terminates.
(a) In general.—The agencies participating in the Entity shall carry out activities in support of sustainable chemistry, as appropriate to the specific mission and programs of each agency.
(b) Activities.—The activities described in subsection (a) shall—
(1) incorporate sustainable chemistry into existing research, development, demonstration, technology transfer, commercialization, education, and training programs, that the agency determines to be relevant, including consideration of—
(A) merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, early career investigators for research and development;
(B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations;
(C) coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies;
(D) incentive prize competitions and challenges in coordination with such existing Federal agency programs; and
(E) grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products;
(2) collect and disseminate information on sustainable chemistry research, development, technology transfer, and commercialization, including information on accomplishments and best practices;
(3) expand the education and training of students at appropriate levels of education, professional scientists and engineers, and other professionals involved in all aspects of sustainable chemistry and engineering appropriate to that level of education and training, including through—
(A) partnerships with industry as described in section 256;
(B) support for the integration of sustainable chemistry principles into chemistry and chemical engineering curriculum and research training, as appropriate to that level of education and training; and
(C) support for integration of sustainable chemistry principles into existing or new professional development opportunities for professionals including teachers, faculty, and individuals involved in laboratory research (product development, materials specification and testing, life cycle analysis, and management);
(4) as relevant to an agency’s programs, examine methods by which the Federal agencies, in collaboration and consultation with the National Institute of Standards and Technology, may facilitate the development or recognition of validated, standardized tools for performing sustainability assessments of chemistry processes or products;
(5) through programs identified by an agency, support (including through technical assistance, participation, financial support, communications tools, awards, or other forms of support) outreach and dissemination of sustainable chemistry advances such as non-Federal symposia, forums, conferences, and publications in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups;
(6) provide for public input and outreach to be integrated into the activities described in this section by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate;
(7) within each agency, develop or adapt metrics to track the outputs and outcomes of the programs supported by that agency; and
(8) incentivize or recognize actions that advance sustainable chemistry products, processes, or initiatives, including through the establishment of a nationally recognized awards program through the Environmental Protection Agency to identify, publicize, and celebrate innovations in sustainable chemistry and chemical technologies.
(d) Limitations.—Financial support provided under this section shall—
(1) be available only for pre-competitive activities; and
(2) not be used to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.
(a) In general.—The agencies participating in the Entity may facilitate and support, through financial, technical, or other assistance, the creation of partnerships between institutions of higher education, nongovernmental organizations, consortia, or companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to—
(1) create collaborative sustainable chemistry research, development, demonstration, technology transfer, and commercialization programs; and
(2) train students and retrain professional scientists, engineers, and others involved in materials specification on the use of sustainable chemistry concepts and strategies by methods, including—
(A) developing or recognizing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists, engineers, and others involved in materials specification; and
(B) publicizing the availability of professional development courses in sustainable chemistry and recruiting professionals to pursue such courses.
(b) Private sector participation.—To be eligible for support under this section, a partnership in sustainable chemistry shall include at least one private sector organization.
(c) Selection of partnerships.—In selecting partnerships for support under this section, the agencies participating in the Entity shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment to, the goals outlined in the strategic plan and report described in section 254.
(d) Prohibited use of funds.—Financial support provided under this section may not be used—
(1) to support or expand a regulatory chemical management program at an implementing agency under a State law;
(2) to construct or renovate a building or structure; or
(3) to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.
In carrying out this subtitle, the Entity shall focus its support for sustainable chemistry activities on those that achieve, to the highest extent practicable, the goals outlined in the Act.
Nothing in this subtitle shall be construed to alter or amend any State law or action with regard to sustainable chemistry, as defined by the State.
Section 110 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–2) is amended by striking (g)(2) and inserting the following:
“(2) MAJOR MULTI-USER RESEARCH FACILITY PROJECT.—The term ‘major multi-user research facility project’ means a science and engineering facility project that exceeds $100,000,000 in total construction, acquisition, or upgrade costs to the Foundation.”.
Section 139(h)(2) of title 10, United States Code, is amended—
(1) by striking “Engineering,,” and inserting “Engineering,”; and
(2) by striking “, through January 31, 2025”.
Section 261 of the National Defense Authorization Act for Fiscal Year 2020 (Public law 116–92; 133 Stat. 1294) is repealed.
(a) Independent evaluation required.—The Director of Operational Test and Evaluation shall conduct an independent evaluation of—
(1) any processes used to test the effectiveness of covered personal protective and diagnostic testing equipment; and
(2) the results of such tests.
(b) Availability of information.—The Secretary of Defense shall provide the Director of Operational Test and Evaluation with such information as may be necessary for the Director to conduct the evaluations required under subsection (a), including any relevant documentation relating to testing processes and test results for covered personal protective and diagnostic testing equipment.
(c) Report to Congress.—Not later than 30 days after the completion of each evaluation under subsection (a), the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the results of the evaluation.
(d) Covered personal protective and diagnostic testing equipment defined.—In this section, the term “covered personal protective and diagnostic testing equipment” means any personal protective equipment or diagnostic testing equipment developed, acquired, or used by the Department of Defense—
(1) in response to COVID–19; or
(2) as part of any follow-on, long-term acquisition and distribution program for such equipment.
(1) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall conduct a study to determine the underlying causes of physiological episodes affecting crewmembers of F–35 aircraft.
(2) ELEMENTS.—The study under subsection (a) shall include—
(A) an examination of each physiological episode reported by a crewmember of an F–35 aircraft as of the date of the enactment of this Act;
(B) a determination as to the underlying cause of the episode; and
(i) any long-term effects, including potential long-term effects, of the episode; and
(ii) any additional care an affected crewmember may need.
(3) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—
(A) the results the study conducted under subsection (a), including a description of each physiological episode examined under the study and an explanation of the underlying cause of the episode;
(B) a description of any actions that may be taken to address the underlying causes of such episodes, including any resources that may be required to carry out such actions; and
(C) any other findings and recommendations of the study.
(b) Annual reports on mitigation efforts.—The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall include with the annual report required by section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2059), a detailed description of—
(1) the efforts of the Department of Defense to address physiological episodes affecting crewmembers of F–35 aircraft; and
(2) the funding allocated for such efforts.
(a) Study required.—The Secretary of Defense shall conduct a study to determine the feasibility of establishing a program to attract and retain covered individuals for employment in the national security innovation base.
(b) Elements.—The study required under subsection (a) shall include an analysis of—
(1) mechanisms the Department of Defense may use to engage institutions of higher education to assist in the identification and recruitment of covered individuals for employment in the national security innovation base;
(2) monetary and nonmonetary incentives that may be provided to retain covered individuals in positions in the national security innovation base;
(3) methods that may be implemented to ensure the proper vetting of covered individuals;
(4) the number of covered individuals needed to advance the competitiveness of the research, development, test, and evaluation efforts of the Department of Defense in the critical technologies identified in the National Defense Strategy; and
(5) the type and amount of resources required to implement the program described in subsection (a).
(c) Report.—Not later than February 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).
(d) Definitions.—In this section:
(1) The term “national security innovation base” the means the network of persons and organizations, including Federal agencies, institutions of higher education, federally funded research and development centers, defense industrial base entities, nonprofit organizations, commercial entities, and venture capital firms that are engaged in the military and nonmilitary research, development, funding, and production of innovative technologies that support the national security of the United States.
(2) The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) The term “covered individual” means an individual who—
(A) is employed by a United States employer and engaged in work to promote and protect the national security innovation base;
(B) is engaged in basic or applied research, funded by the Department of Defense, through an institution of higher education in the United States; and
(C) possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy, required by section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679).
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Navy, applied research, force protection applied research, line 005 (PE 0602123N) is hereby increased by $9,000,000 (to be used in support of the Direct Air Capture and Blue Carbon Removal Technology Program authorized under section 223 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 note)).
(1) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Air Force, admin & servicewide activities, servicewide communications, line 410 is hereby reduced by $4,000,000.
(2) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, advanced component development & prototypes, line 048, hypersonics prototyping (PE 0604033F) is hereby increased by $5,000,000 (to be used in support of the Air-launched Rapid Response Weapon Program).
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Space Force, operating forces, contractor logistics & system support, line 080 is hereby reduced by $5,000,000.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, advanced component development & prototypes, line 093, soldier systems—advanced development (PE 0603827A) is hereby increased by $7,000,000 (to be used for the development of lightweight body armor fabrics).
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, advanced component development & prototypes, line 102, technology maturation initiatives (PE 0604115A) is hereby reduced by $7,000,000.
(a) Intelligence threat assessment.—
(1) IN GENERAL.—In conjunction with each annual report required under section 5709(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) (relating to deepfake technology and the foreign weaponization of deepfakes), the Director of National Intelligence shall submit to the Secretary of Defense and the appropriate congressional committees a supplemental report on the intelligence, defense, and military implications of deepfake videos and related technologies.
(2) ELEMENTS.—Each supplemental report under paragraph (1) shall include—
(A) a description of new developments with respect to the national security implications of machine-manipulated media, and intelligence community responses to such developments, as it pertains to those matters described in section 5709(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92);
(B) a description of any known efforts by the militaries of the People’s Republic of China or the Russian Federation or any governmental elements that provide intelligence support to such militaries, to deploy machine-manipulated media in the context of any ongoing geopolitical disputes, armed conflicts, or related operations; and
(C) an assessment of additional future security risks posed by artificial intelligence technologies that facilitate the creation of machine-manipulated media, including security risks in contexts other than influence or information operations (including the potential subversion of biometric authentication systems).
(3) INTERIM REPORT.—Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Secretary of Defense and the appropriate congressional committees a report on the preliminary findings of the Director with respect to each element described in subsection (2).
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term “appropriate congressional committees” means—
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the House of Representatives.
(b) Military risk assessment.—
(1) IN GENERAL.—Not later than 180 days after date on which the report under subsection (a)(3) is submitted to the Secretary of Defense, the Secretary shall submit to the congressional defense committees an assessment, based on the results of such report, of the risks posed by machine-manipulated media to the operations, personnel, and activities of the Department of Defense and the Armed Forces.
(2) ELEMENTS.—The report under paragraph (1) shall include the following:
(A) An assessment of the risks posed by machine-manipulated media in the contexts of military planning, defense intelligence collection, operational decision-making, and such other contexts as the Secretary of Defense deems appropriate.
(B) A description of how the Department of Defense would assess, particularly under limited time constraints, the legitimacy of machine-manipulated media purporting to depict activities relevant to ongoing military operations (such as a deepfake video purporting to depict a foreign government official announcing an impending military strike, retreat, or other tactical action).
(C) A description of any efforts of the Department of Defense to combat the actual or potential creation of machine-manipulated media that falsely depicts or replicates biometric identifiers of Federal Government officials, and an assessment of the feasibility of adopting or developing technologies to reduce the likelihood of video, audio, or visual content produced or distributed by the Department of Defense from being manipulated or exploited in such manner.
(D) An assessment of the Department of Defense’s current machine-manipulated media detection capabilities, and recommendations with respect to improving such capabilities.
(c) Form.—The reports required under subsections (a) and (b) may be submitted in classified form, but if so submitted, shall be accompanied by unclassified annexes.
(d) Machine-Manipulated media defined.—In this section, the term “machine-manipulated media” has the meaning given that term in section 5724(d) of the National Defense Authorization Act for Fiscal Year 2020 1 (Public Law 116–92).
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, basic research, university research initiatives (PE 0601103F), line 002 is hereby increased by $5,000,000.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
(a) Findings.—Congress finds the following:
(1) The Department of Defense is encouraging the liberal use of fifth generation (commonly known as “5G”) information and communications technology testbeds to develop useful, mission-oriented applications for 5G technology.
(2) Barksdale Air Force Base, Louisiana, has the ability to serve as a large-scale test facility to enable rapid experimentation and dual-use application prototyping.
(3) Barksdale Air Force Base, Louisiana, has streamlined access to spectrum bands, mature fiber and wireless infrastructure, and prototyping and test area range access, all of which are ideal characteristics for use as a 5G test bed location.
(b) Consideration required.—The Secretary of Defense shall consider using Barksdale Air Force Base, Louisiana, as 5G test bed installation for purposes of the activities carried out under section 254(b)(2)(A) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2223 note).
It is the sense of Congress that the National Science Foundation is critical to the expansion of the frontiers of scientific knowledge and advancing American technological leadership in key technologies, and that in order to continue to achieve its mission in the face of rising challenges from strategic competitors, the National Science Foundation should receive a significant increase in funding, expand its use of its existing authorities to carry out new and innovative types of activities, consider new authorities that it may need, and increase existing activities such as the convergence accelerators aimed at accelerating the translation of fundamental research for the economic and national security benefit of the United States.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Navy, basic research, university research initiatives (PE 0601103N), line 001 is hereby increased by $5,000,000.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research, university research initiatives (PE 0601103A), line 003 is hereby increased by $5,000,000.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
The Assistant Secretary of the Air Force for Acquisition Technology and Logistics shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a list of all selections made by the Assistant Secretary during the preceding 5-year period under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as defined under section 9(e) of the Small Business Act (15 U.S.C. 638(e)) that were not followed with funding awards. The report shall include, for each such selection—
(1) the name and contact information of the company selected; and
(2) the reason the funding award did not follow the selection.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, Network C3I Technology, Line 17, for the Backpackable Communications Intelligence System is hereby increased by $5,000,000.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Admin & Srvwide Activities, Line 360, Defense Personnel Accounting Agency is hereby reduced by $5,000,000.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research, university and industry research centers (PE 0601104A), line 004 is hereby increased by $5,000,000.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
It is the sense of Congress that—
(1) the additive manufacturing and machine learning initiative of the Army has the potential to accelerate the ability to deploy additive manufacturing capabilities in expeditionary settings and strengthen the United States defense industrial supply chain; and
(2) Congress and the Department of Defense should continue to support the additive manufacturing and machine learning initiative of the Army.
(a) In general.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall establish a traineeship program to expand Department of Defense access to domestic scientific and technological talent in areas of strategic importance to national security.
(b) Designation.—The traineeship program established under subsection (a) shall be known as the “Traineeships for American Leaders to Excel in National Technology and Science” or “TALENTS program” (referred to in this section as the “traineeship program”).
(c) Program priorities.—The Secretary, in consultation with the Defense Science Board and the Defense Innovation Board, shall determine the multidisciplinary fields of study on which the traineeship program will focus and, in making such determination, shall consider the core modernization priorities derived from the most recent national defense strategy provided under section 113(g) of title 10, United States Code.
(d) Participating institutions.—The Secretary shall establish partnerships with not fewer than ten eligible institutions selected by the Secretary for the purposes of the program under subsection (a).
(e) Partnership activities.—The activities conducted under the partnerships under subsection (d) between an eligible institution and the Department of Defense shall include—
(1) providing traineeships led by faculty for eligible students described in subsection (h); and
(2) establishing scientific or technical internship programs for such students.
(f) Preference in selection of institutions.—In establishing partnerships under subsection (d), the Secretary shall consider—
(1) the relevance of the eligible institution’s proposed partnership to existing and anticipated strategic national needs, as determined under subsection (c);
(2) the ability of the eligible institution to effectively carry out the proposed partnership;
(3) the geographic location of an eligible institution as it relates to the need of the Department of Defense to develop specific workforce capacity and skills within a particular region of the country;
(4) whether the eligible institution is a covered minority institution;
(5) the extent to which the eligible institution’s proposal would—
(A) include students underrepresented in the fields of science, technology, engineering, and mathematics; or
(B) involve partnering with one or more covered minority institutions; and
(6) the integration of internship opportunities into the program provided by the eligible institution, including internships with government laboratories, non-profit research organizations, and for-profit commercial entities.
(1) IN GENERAL.—The Secretary may provide grants to individuals who are eligible students described in subsection (h) to—
(A) participate in activities under subsection (e);
(B) pay tuition, fees, and other costs associated with participating in such activities;
(C) pay other costs associated with participating in the traineeship program; and
(D) pay costs associated with other scientific or technical internship or fellowship programs.
(2) AWARD TOTALS.—The total amount of grants awarded to individuals at an eligible institution under this section in each fiscal year shall not exceed $1,000,000.
(3) DURATION.—The duration of each grant under this section shall not exceed 4 years.
(h) Eligible students.—In order to receive any grant under this section, a student shall—
(1) be a citizen or national of the United States or a permanent resident of the United States;
(2) be enrolled or accepted for enrollment at an eligible institution in a masters or doctoral degree program in a field of study determined under subsection (c); and
(3) if the student is presently enrolled at an institution, be maintaining satisfactory progress in the course of study the student is pursuing in accordance section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)).
(i) Preferential Federal Government hiring.—The Secretary, in coordination with the Director of the Office of Personnel Management, shall develop and implement a process by which traineeship program participants shall receive preferred consideration in hiring activities conducted by the Department of Defense and each Department of Defense Laboratory.
(j) Definitions.—In this section:
(1) The term “eligible institution” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
(2) The term “covered minority institution” has the meaning given the term “covered institution” in section 262(g)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2362 note).
(3) The term “Department of Defense Laboratory” means—
(A) a laboratory operated by the Department of Defense or owned by the Department of Defense and operated by a contractor; or
(B) a facility of a Defense Agency (as defined in section 101(a) of title 10, United States Code) at which research and development activities are conducted.
(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, Under Secretary of Defense for Research and Engineering shall provide to the congressional defense committees a briefing on the potential use of distributed ledger technology for defense purposes.
(2) ELEMENTS.—This briefing under paragraph (1) shall include—
(A) an explanation of how distributed ledger technology may be used by the Department of Defense to—
(i) improve cybersecurity, beginning at the hardware level, of vulnerable assets such as energy, water, and transport grids through distributed versus centralized computing;
(ii) reduce single points of failure in emergency and catastrophe decision-making by subjecting decisions to consensus validation through distributed ledger technologies;
(iii) improve the efficiency of defense logistics and supply chain operations;
(iv) enhance the transparency of procurement auditing; and
(v) allow innovations to be adapted by the private sector for ancillary uses; and
(B) any other information that the Under Secretary of Defense for Research and Engineering determines to be appropriate.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the research, development, and use of distributed ledger technologies for defense purposes.
(2) ELEMENTS.—The report under paragraph (1) shall include—
(A) a summary of the key points from the briefing provided under subsection (a);
(B) an analysis of activities that other countries, including the People’s Republic of China and the Russian Federation, are carrying out with respect to the research and development of distributed ledger technologies, including estimates of the types and amounts of resources directed by such countries to such activities;
(C) recommendations identifying additional research and development activities relating to distributed ledger technologies that should be carried out by the Department of Defense and cost estimates for such activities; and
(D) an analysis of the potential benefits of—
(i) consolidating research on distributed ledger technologies within the Department; and
(ii) developing within the Department a single hub or center of excellence for research on distributed ledger technologies; and
(E) any other information that the Under Secretary of Defense for Research and Engineering determines to be appropriate.
(a) Special immigrant status.—In accordance with the procedures established under subsection (f)(1), and subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) (and the spouse and children of the alien if accompanying or following to join the alien) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—
(1) submits a classification petition under section 204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence.
(b) Aliens described.—An alien is described in this subsection if—
(A) is employed by a United States employer and engaged in work to promote and protect the National Security Innovation Base;
(B) is engaged in basic or applied research, funded by the Department of Defense, through a United States institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
(C) possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy, required by section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679 ); and
(2) the Secretary of Defense issues a written statement to the Secretary of Homeland Security confirming that the admission of the alien is essential to advancing the research, development, testing, or evaluation of critical technologies described in paragraph (1)(C) or otherwise serves national security interests.
(1) IN GENERAL.—The total number of principal aliens who may be provided special immigrant status under this section may not exceed—
(A) 10 in each of fiscal years 2021 through 2030; and
(B) 100 in fiscal year 2031 and each fiscal year thereafter.
(2) EXCLUSION FROM NUMERICAL LIMITATIONS.—Aliens provided special immigrant status under this section shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b(4)).
(d) Defense competition for scientists and technical experts.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a process to select, on a competitive basis from among individuals described in section (b), individuals for recommendation to the Secretary of Homeland Security for special immigrant status described in subsection (a).
(e) Authorities.—In carrying out this section, the Secretary of Defense shall authorize appropriate personnel of the Department of Defense to use all personnel and management authorities available to the Department, including the personnel and management authorities provided to the science and technology reinvention laboratories, the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code), and the Defense Advanced Research Projects Agency.
(f) Procedures.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly establish policies and procedures implementing the provisions in this section, which shall include procedures for—
(1) processing of petitions for classification submitted under subsection (a)(1) and applications for an immigrant visa or adjustment of status, as applicable; and
(2) thorough processing of any required security clearances.
(g) Fees.—The Secretary of Homeland Security shall establish a fee to—
(1) be charged and collected to process an application filed under this section; and
(2) that is set at a level that will ensure recovery of the full costs of such processing and any additional costs associated with the administration of the fees collected.
(h) Implementation report required.—Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly submit to the appropriate congressional committees a report that includes—
(1) a plan for implementing the authorities provided under this section; and
(2) identification of any additional authorities that may be required to assist the Secretaries in fully implementing section.
(i) Program evaluation and report.—
(1) EVALUATION.—The Comptroller General of the United States shall conduct an evaluation of the competitive program and special immigrant program described in subsections (a) through (g).
(2) REPORT.—Not later than October 1, 2025, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the evaluation conducted under paragraph (1).
(j) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on the Judiciary of the Senate.
(2) The term “National Security Innovation Base” means the network of persons and organizations, including Federal agencies, institutions of higher education, federally funded research and development centers, defense industrial base entities, nonprofit organizations, commercial entities, and venture capital firms that are engaged in the military and non-military research, development, funding, and production of innovative technologies that support the national security of the United States.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army base operations support, line 100, as specified in the corresponding funding table in section 4301, for Army Community Services is hereby increased by $30,000,000.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Force Readiness Operations Support, line 070, as specified in the corresponding funding table in section 4301, is hereby reduced by $15,000,000.
(c) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Land Forces Operations Support, as specified in the corresponding funding table in section 4301, line 050, is hereby reduced by $15,000,000.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide Operating Forces, as specified in the corresponding funding table in section 4301, for Special Operations Command maintenance, Line 70, is hereby increased by $22,000,000.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Air Force Operating Forces, as specified in the corresponding funding table in section 4301, Administration and Service-Wide Activities, Line 400, is hereby reduced by $22,000,000.
Section 183a(c) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;
(2) by inserting after paragraph (3) the following new paragraph (4):
“(4) If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Secretary of Defense later concludes for any reason that the energy project will not have an adverse impact on military readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion.”; and
(3) in paragraph (7), as so redesignated, by striking “Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.”.
Section 183a(c) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following new paragraph (4):
“(4) If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Secretary of Defense later concludes for any reason that the energy project will not have an adverse impact on military readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion.”.
Section 2684a of title 10, United States Code, is amended—
(1) in subsection (b), by striking “An agreement under this section may be entered into with” and inserting “For purposes of this section, the term ‘eligible entity’ means”; and
(2) in subsection (d)(1)(A), by striking “the entity” and inserting “the eligible entity”.
Section 2707(e) of title 10, United States Code, as added by section 316 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92, is amended—
(1) by inserting “where military activities are conducted by the state National Guard under title 32,” after “facility”; and
(2) by adding at the end the following new sentence: “The Secretary concerned may also utilize the authority in section 2701(d) of this title for these environmental restoration projects.”.
(a) In general.—Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 2712. Reporting on usage and spills of aqueous film-forming foam
“(a) In general.—Not later than 48 hours after the Deputy Assistant Secretary of Defense for Environment receives notice of the usage or spill of aqueous film-forming foam, either as concentrate or mixed foam, at any military installation, the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such usage or spill. Each such notice shall include each of the following:
“(1) The name of the installation where the usage or spill occurred.
“(2) The date on which the usage or spill occurred.
“(3) The amount, type, and specified concentration of aqueous film-forming foam that was used or spilled.
“(4) The cause of the usage or spill.
“(5) A summary narrative of the usage or spill.
“(6) A description of what actions have been taken to arrest and clean up the spill.
“(7) A description of coordination with relevant local and State authorities and environmental protection agencies.
“(b) Action plan.—Not later than 30 days after submitting notice of a usage or spill under subsection (a), the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives an action plan for addressing such usage or spill.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“2712. Reporting on usage and spills of aqueous film-forming foam.”.
Section 2922g of title 10, United States Code, is amended—
(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
(2) by inserting after subsection (a) the following new subsection (b):
“(b) End of life replacement.—Upon the end of the lease or service life of a motor vehicle, the Secretary of the military department or the head of the Defense Agency shall, to the maximum extent possible, replace such motor vehicle with a motor vehicle that uses an electric or hybrid propulsion system, including a plug-in hybrid system.”;
(3) in subsection (c), as so redesignated, by striking “Subsection (a) does not” and inserting “Subsections (a) and (b) do not”;
(4) in subsection (d), as so redesignated, by striking “The preference required by subsection (a) does not” and inserting “The preference under subsection (a) and the requirement under subsection (b) do not”; and
(5) by inserting after subsection (d) the following new subsection:
The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code, a dedicated budget line item for fielding operational energy improvements, including such improvements for which funds from the Operational Energy Capability Improvement Fund have been expended to create the operational and business case for broader employment.
(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center with relevant expertise under which such center shall conduct an assessment of Department of Defense operational energy usage, including an agency-wide view and breakdowns of progress by service branch.
(b) Elements.—The assessment required under subsection (a) shall include—
(1) an analysis of the extent to which the Department of Defense developed an integrated operational energy strategy and the extent to which each of the military departments has implemented such strategy;
(2) an analysis of the viability of implementing net zero initiatives or meeting net zero goals within the operational energy enterprise without negatively impacting mission capability;
(3) an analysis of fossil fuel reduction regimes that may maximize reduction of reliance on fossil fuels, including impacts of lowering the reliance on fossil fuels, decreasing the need for refueling convoys, overcoming the tyranny of distance within United States Indo-Pacific Command through hybrid or other fuel efficient propulsion systems, and energy production, storage, and distribution systems that enhance logistics supply chain resiliency;
(4) a description of the options for achieving fossil fuel reduction benchmarks with respect to operational energy of 25 percent, 50 percent, 75 percent, and 100 percent, using fiscal year 2020 as the benchmark, including anticipated funding requirements, statutory requirements, infrastructure needs, and timeframes; and
(5) an analysis of the integration between energy offices with program offices, budget, and operational planners within the Department of Defense and military departments, and recommendations for improving coordination.
(c) Form of report.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex.
(a) Management of the operational energy capability improvement fund.—The Under Secretary of Defense for Acquisition and Sustainment shall exercise authority, direction, and control over the Operational Energy Capability Improvement Fund of the Department of Defense (in this section referred to as the “OECIF”).
(b) Alignment and coordination with related programs.—
(1) REALIGNMENT OF OECIF.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall realign the OECIF under the Assistant Secretary of Defense for Sustainment, with such realignment to include personnel positions adequate for the mission of the OECIF.
(2) BETTER COORDINATION WITH RELATED PROGRAMS.—The Assistant Secretary shall ensure that this placement facilitates better alignment between OECIF, the Strategic Environmental Research Program, the Environmental Security Technology Certification Program, and the Operational Energy Prototyping Program is utilized to advance common goals of the Department, promote organizational synergies, and avoid unnecessary duplication of effort.
(c) Program for operational energy prototyping.—
(1) IN GENERAL.—Commencing not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, through the Under Secretary of Defense for Acquisition and Sustainment, shall carry out a program for the demonstration of technologies related to operational energy prototyping, including demonstration of operational energy technology and validation prototyping.
(2) OPERATION OF PROGRAM.—The Secretary shall ensure that the program under paragraph (1) operates in conjunction with the OECIF to promote the transfer of innovative technologies that have successfully established proof of concept for use in production or in the field.
(3) PROGRAM ELEMENTS.—In carrying out the program under paragraph (1) the Secretary shall—
(A) identify and demonstrate the most promising, innovative, and cost-effective technologies and methods that address high-priority operational energy requirements of the Department of Defense;
(B) in conducting demonstrations under subparagraph (A), the Secretary shall—
(i) collect cost and performance data to overcome barriers against employing an innovative technology because of concerns regarding technical or programmatic risk; and
(ii) ensure that components of the Department have time to establish new requirements where necessary and plan, program, and budget for technology transition to programs of record;
(C) utilize project structures similar to those of the OECIF to ensure transparency and accountability throughout the efforts conducted under the program; and
(D) give priority, in conjunction with the OECIF, to the development and fielding of clean technologies that reduce reliance on fossil fuels.
(4) TOOL FOR ACCOUNTABILITY AND TRANSITION.—
(A) IN GENERAL.—In carrying out the program under paragraph (1), the Secretary shall develop and utilize a tool to track relevant investments in operational energy from applied research to transition to use to ensure user organizations have the full picture of technology maturation and development.
(B) TRANSITION.—The tool developed and utilized under subparagraph (A) shall be designed to overcome transition challenges with rigorous and well-documented demonstrations that provide the information needed by all stakeholders for acceptance of the technology.
(1) REVIEWS REQUIRED.—At least once every 5 years, the Secretary of the Navy shall conduct a review of available technologies relating to the containment of fuel to determine whether any such technology may be used to improve the containment of fuel with respect to storage tanks located at the Red Hill Bulk Fuel Storage Facility, Hawaii.
(2) DEADLINE FOR INITIAL REVIEW.—The Secretary shall begin the first review under paragraph (1) by not later than the date that is 1 year after the date of the enactment of this Act.
(b) Briefings.—Not later than 60 days after the date on which a review conducted under subsection (a) is completed, the Secretary shall provide to the congressional defense committees a briefing on—
(1) any technology identified in such review that the Secretary determines may be used to improve the containment of fuel with respect to storage tanks located at the Red Hill Bulk Fuel Storage Facility; and
(2) the feasibility and cost of implementing any such technology at the Red Hill Bulk Fuel Storage Facility.
(c) Termination.—The requirements to conduct reviews under subsection (a) and provide briefings under subsection (b) shall terminate on the date on which the Red Hill Bulk Fuel Storage Facility ceases operation, as determined by the Secretary of the Navy.
None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021 may be used to enter into a contract for the acquisition of furnished energy for the new Rhine Ordnance Barracks Army Medical Center (hereafter referred to as the “Medical Center”) before the date on which Secretary of Defense submits to the congressional defense committees a written certification that the Medical Center does not use any energy sourced from inside the Russian Federation as a means of generating the furnished energy.
(a) In general.—Not later than February 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an update to the Department of Defense 2014 Climate Change Adaptation Roadmap. Such update shall include an outline of the strategy and implementation plan of the Department to address the current and foreseeable effects of climate change on the mission of the Department of Defense.
(b) Elements of strategy and implementation plan.—The strategy and implementation plan required to be included in the update under subsection (a) shall include—
(1) a description of the overarching approach of the Department to climate adaptation and climate mitigation measures;
(2) a discussion of the current and foreseeable effects of climate change on—
(A) plans and operations, including—
(i) military readiness;
(ii) increased frequency of extreme weather events, including flooding, drought, desertification, wildfires, thawing permafrost, hurricanes, and extreme heat;
(iii) conflicts or disputes, emerging threats, and instability caused or exacerbated by climate change, including tensions related to drought, famine, infectious disease, geoengineering, energy transitions, extreme weather, migration, and competition for scarce resources;
(iv) increased demand for Defense Support for Civil Authorities and disaster or humanitarian relief operations;
(v) the operating environment of the Arctic and of the strategic and geopolitical implications of a progressively more ice-free Arctic Ocean; and
(vi) alteration or limitation on operation environments;
(B) training and testing, including—
(i) changes in land carrying capacity;
(ii) increased maintenance and repair requirements for equipment and infrastructure;
(iii) health of military personnel, including mitigation of infectious diseases, heat stress and heat-related illnesses resulting from increasing temperatures;
(iv) increased dust generation, air pollution, and fire hazards; and
(v) maintaining testing and training capacity to support increased operations and civil support missions;
(C) built and natural infrastructure, including—
(i) military installation resilience, as such term is defined in section 101(e)(8) of title 10, United States Code, of installations both within and outside the United States and its possessions and territories and of the State-owned National Guard installations of the several States;
(ii) resilience of the air and sea ports of our allies and partners that are critical to the training, deployment, and operations of the armed forces of the United States and its allies and partners;
(iii) resilience of the deployment system and structure of the Department of Defense and of the United States, including the strategic highway network, the strategic rail network, and designated strategic air and sea ports;
(iv) best practices for modeling and mitigating risks posed to military installations by increased inundation, erosion, flood, wind, and fire damage;
(v) changing energy demand at military installations to include heating and cooling, particularly in communities experiencing grid stress;
(vi) disruption and competition for reliable energy and water resources;
(vii) geoengineering and energy transitions;
(viii) increased maintenance and sustainment costs;
(ix) damage to natural and constructed infrastructure from thawing permafrost and sea ice; and
(x) the effects of climate stress on community support infrastructure, including roads, transportation hubs, and medical facilities;
(D) acquisition and supply chain, including—
(i) measures to ensure that the current and projected future scale and impacts of climate change are fully considered in the research, development, testing, and acquisition of major weapon systems and of associated supplies and equipment;
(ii) required alterations of stockpiles;
(iii) reduced or changed availability and access to materials, equipment, and supplies, including water and food sources;
(iv) disruptions in fuel availability and distribution;
(v) estimated climate security investments required to address foreseeable costs incurred or influenced by climate change for each of the lines of effort in this report, including extreme weather response, over the next 5, 10, and 20 years, with topline estimates and a qualitative discussion of cost drivers for each; and
(vi) equipment and infrastructure investments required to address a changing Arctic environment; and
(E) such other matters as the Secretary determines appropriate; and
(3) a list of the ten most concerning existing or emerging conflicts or threats that pose a risk to the security of the United States that may be exacerbated by climate change.
(c) Assessments and projections of the scope and scale of climate change.—In preparing the update to the climate change roadmap as required under subsection (a), the Secretary shall consider—
(1) climate projections from the Global Change Research Office, National Climate Assessment, the National Oceanic and Atmospheric Administration, and other Federal agencies; and
(2) data on, and analysis of, the national security effects of climate prepared by the Climate Security Advisory Council of the Office of the Director of National Intelligence established pursuant to section 120 of the National Security Act of 1947 (50 U.S.C. 3060) and by other elements of the intelligence community.
(d) Form.—The update to the climate change roadmap required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. If the Secretary determines that the inclusion of a classified annex is necessary, the Secretary shall conduct an in-person briefing for Members of the Committees on Armed Services of the Senate and House of Representatives by not later than 90 days after date of the submission of the update.
(a) GAO report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the Department of Defense toward reaching net zero goals, including an agency-wide view and breakdowns of progress by service branch.
(b) Contents of report.—The report required under subsection (a) shall include—
(1) an analysis of the extent to which the Department of Defense has implemented net zero initiatives to date and developed a forward-looking integrated net zero strategy for energy, emissions, water, and waste management and the extent to which each of the military departments has implemented such strategy;
(2) a description of the current challenges to implementing net zero initiatives or meeting net zero goals and the degree to which the Department of Defense and the military departments have addressed applied lessons learned;
(3) a cost-benefit analysis of net zero initiatives, including a description of how such costs and benefits are identified, tracked, and validated;
(4) a description of the feasibility of achieving net zero benchmarks of 25 percent, 50 percent, 75 percent, and 100 percent of the energy, emissions, water, and waste management levels for 2020, including anticipated funding requirements, statutory requirements, infrastructure needs, and timeframes; and
(5) an analysis of the integration between energy offices with program offices, budget, and operational planners within the Department of Defense and military departments across the enterprise, and recommendations for improving coordination.
(c) Form of report.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Department of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives and to the Comptroller General a report on the total level of emissions for each of the last 10 fiscal years. Such emissions levels shall include the agency-wide total, breakdowns by military department, and delineations between installation and operational emissions.
(b) Form of report.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex.
(a) In general.—To ensure opportunities for Department of Defense participation in wildlife conservation banking programs pursuant to section 2694c of title 10, United States Code, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall issue regulations of general applicability establishing objectives, measurable performance standards, and criteria for use, consistent with the Endangered Species Act (16 U.S.C. 1531 et seq.), for mitigation banking offsetting effects on a species, or habitat of such species, that is endangered, threatened, a candidate for listing, or otherwise at risk under such Act. To the maximum extent practicable, the regulatory standards and criteria shall maximize available credits and opportunities for mitigation, provide flexibility for characteristics of various species, and apply equivalent standards and criteria to all mitigation banks.
(b) Deadline for regulations.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall publish an advance notice of proposed rulemaking for the regulations required by subsection (a) by not later than 1 year after the date of the enactment of this Act.
(a) Findings.—Congress makes the following findings:
(1) Since 2016, the Department of Defense and Department of the Navy have been working with State and Federal stakeholders to determine whether a commercial lease for the development of renewable energy off the coast of Morro Bay, California could be developed in a manner that is compatible with the training and readiness requirements of the Department of Defense.
(2) Military readiness and the ability to conduct realistic training are critical to our national security; however, energy security and other ocean uses are also important. These interests should be balanced to the extent practicable when analyzing offshore energy proposals.
(3) In August 2019, Members of Congress, the Assistant Secretary of Defense for Sustainment, senior officials from other Federal agencies, and state and local elected representatives met to discuss a path forward to accommodate wind energy development off the Central Coast of California while ensuring the Department of Defense was able to continue meeting its testing, training, and operational requirements.
(4) Following the initial meeting in August 2019, the stakeholder group continued meeting at roughly monthly intervals through 2019 and into 2020 to discuss options and work towards a mutually agreeable solution for renewable energy development and continued military testing, training, and operational requirements off the Central Coast of California.
(5) In May 2020, the Assistant Secretary of the Navy for Energy, Installations, and Environment notified stakeholders that despite the previous year of negotiations, it was his view any wind energy developments off the Central Coast of California may not be viewed as being compatible with military activities. This unilateral decision was made abruptly, without providing any supporting analysis or acknowledgment of the progress and commitments made during previous negotiations, and was not in the spirit of cooperation and collaboration that had driven the previous 9 months of stakeholder engagements.
(6) Stakeholder confidence in the Department of Defense review process is paramount. Abrupt and unilateral changes of course erode confidence and undermine the State, local, and industry trust in a fair, transparent, and predictable adjudication of potential conflicts.
(7) In early 2019, in order to create continuity between the offshore and terrestrial processes, the Department of Defense consolidated its review of proposed energy development projects so that offshore energy proposals were now included in the Military Aviation and Installation Assurance Clearinghouse (the Clearinghouse). The Clearinghouse has a proven record for reviewing proposed energy development projects through a fair and transparent process. The Morro Bay proposal pre-dates this consolidation but underwent a similar Department of Defense led compatibility review.
(8) Congress has generally supported the transparent and fair Clearinghouse review process, as well as all efforts between the Department of Defense and other stakeholders to reach solutions that allow for the development of energy projects in a manner that is compatible with military testing, training, and operational requirements.
(9) Legislating a solution to a specific energy development proposal should only be reserved for rare occasions. Due to Navy’s abrupt and unilateral decision to walk away from productive negotiations, after months of good-faith efforts by other stakeholders and public engagement, the threshold for congressional intervention has been reached.
(b) Responsibility.—All interaction on behalf of the Department of the Navy with the California Energy Commission, Federal agencies, State and local governments, and potential energy developers regarding proposed offshore wind energy off the central coast of California shall be performed through the Office of the Under Secretary of Defense for Acquisition and Sustainment.
(c) Briefing requirement; limitation.—
(1) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services and the Committee on Natural Resources of the House of Representatives a briefing on status of the review by the Offshore Energy Working Group of the request to locate at least two offshore wind lease areas proximate to and within the Morro Bay Call Area. Such briefing shall include—
(A) a detailed map that shows any areas identified;
(B) proposed mitigations that would enable compatible development in the areas identified;
(C) any unresolved issues; and
(D) any other terms of the agreement reached with the California Energy Commission, other Federal agencies, State and local governments, and potential energy developers.
(2) LIMITATION.—The Secretary of Defense may not issue a final offshore wind assessment that proposes wind exclusion areas and may not object to an offshore energy project in the Central Coast of California that has filed for review by the Military Aviation and Installation Assurance Clearinghouse until the Secretary provides the briefing required under paragraph (1).
(d) Limitation on use of funds.—Of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021, not more than 75 percent may be obligated or expended for the Office of the Assistant Secretary of the Navy for Energy, Installations, and Environment until the date that is 30 days after the date on which the briefing required under subsection (c)(1) is provided.
(a) Establishment of initiative.—Not later than January 15, 2021, the Director of the Environmental Security Technology Certification Program of the Department of Defense (hereinafter in this section referred to as the “Director”) may establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies.
(b) Selection of projects.—To the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Director may—
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications.
(1) ESTABLISHMENT.—As part of the demonstration initiative under subsection (a), the Director, in consultation with the Secretary of Energy, may establish within the Department of Defense a joint program to carry out projects—
(A) to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and
(B) to help new, innovative long-duration energy storage technologies become commercially viable.
(2) MEMORANDUM OF UNDERSTANDING.—Not later than 200 days after the date of enactment of this Act, the Director may enter into a memorandum of understanding with the Secretary of Energy to administer the joint program.
(3) INFRASTRUCTURE.—In carrying out the joint program, the Director and the Secretary of Energy may—
(A) use existing test-bed infrastructure at—
(i) installations of the Department of Defense; and
(ii) facilities of the Department of Energy; and
(B) develop new infrastructure for identified projects, if appropriate.
(4) GOALS AND METRICS.—The Director and the Secretary of Energy may develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies.
(A) IN GENERAL.—To the maximum extent practicable, in selecting projects to participate in the joint program, the Director and the Secretary of Energy may—
(i) ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and
(ii) ensure an appropriate balance of—
(I) larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and
(II) smaller, lower-cost projects.
(B) PRIORITY.—In carrying out the joint program, the Director and the Secretary of Energy may give priority to demonstration projects that—
(i) make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and
(ii) will be carried out as field demonstrations fully integrated into the installation grid at an operational scale.
(a) Authority.—The Secretary of Defense, acting through the Assistant Secretary of Defense for Sustainment and the Strategic Environmental Research and Development Program, may carry out a program to award cash prizes and other types of prizes that the Secretary determines are appropriate to recognize outstanding achievements in the development of a non-PFAS-containing fire-fighting agent to replace aqueous film-forming foam with the potential for application to the performance of the military missions of the Department of Defense.
(b) Competition requirements.—A program under subsection (a) shall use a competitive process for the selection of recipients of cash prizes. The process shall include the widely-advertised solicitation of submissions of research results, technology developments, and prototypes.
(c) Limitations.—The following limitations shall apply to a program under subsection (a):
(1) No prize competition may result in the award of a prize with a fair market value of more than $5,000,000.
(2) No prize competition may result in the award of more than $1,000,000 in cash prizes without the approval of the Assistant Secretary of Defense for Sustainment.
(3) No prize competition may result in the award of a solely nonmonetary prize with a fair market value of more than $10,000 without the approval of the Assistant Secretary of Defense for Sustainment.
(d) Relationship to other authority.—A program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Department of Defense.
(e) Use of prize authority.—Use of prize authority under this section shall be considered the use of competitive procedures for the purposes of section 2304 of title 10, United States Code.
(f) PFAS.—In this section, the term “PFAS” means—
(1) man-made chemicals of which all of the carbon atoms are fully fluorinated carbon atoms; and
(2) man-made chemicals containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
(g) Termination.—The authority to carry out a program under this section shall terminate on October 1, 2024.
(a) Survey of technologies.—The Secretary of Defense shall conduct a survey of relevant technologies, other than fire-fighting agent solutions, to determine whether any such technologies are available and can be adapted for use by the Department of Defense to facilitate the phase-out of fluorinated aqueous film-forming foam. The technologies surveyed under this subsection shall include hangar flooring systems, fire-fighting agent delivery systems, containment systems, and other relevant technologies the Secretary determines appropriate.
(b) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey conducted under subsection (a). Such report shall include—
(1) a description of the technologies included in the survey;
(2) a list of the technologies that were considered for further testing or analysis; and
(3) any technologies that are undergoing additional analysis for possible application within the Department.
(a) Establishment.—The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish an interagency working group to coordinate Federal activities to advance research and development needed to address PFAS.
(b) Agency participation.—The interagency working group shall include a representative of each—
(1) the Environmental Protection Agency;
(2) the National Institute of Environmental Health Sciences;
(3) the Agency for Toxic Substances and Disease Registry;
(4) the National Science Foundation;
(5) the Department of Defense;
(6) the National Institutes of Health;
(7) the National Institute of Standards and Technology;
(8) the National Oceanic and Atmospheric Administration;
(9) the Department of the Interior;
(10) the Department of Transportation;
(11) the Department of Homeland Security;
(12) the National Aeronautics and Space Administration;
(13) the National Toxicology Program;
(14) the Department of Agriculture;
(15) the Geological Survey;
(16) the Department of Commerce;
(17) the Department of Energy;
(18) the Office of Information and Regulatory Affairs;
(19) the Office of Management and Budget; and
(20) any such other Federal department or agency as the President considers appropriate.
(c) Co-Chairs.—The Interagency working group shall be co-chaired by the Director of the Office of Science and Technology Policy and, on an annual rotating basis, a representative from a Member agency, as selected by the Director of the Office of Science and Technology Policy.
(d) Responsibilities of the working group.—The interagency working group established under subsection (a) shall—
(1) provide for interagency coordination of Federally funded PFAS research and development; and
(2) not later than 12 months after the date of enactment of this Act, develop a strategic plan for Federal support for PFAS research and development (to be updated not less than every 2 years) that—
(A) identifies all current Federally funded PFAS research and development, including the nature and scope of such research and development and the amount of funding associated with such research and development during the current fiscal year, disaggregated by agency;
(B) identifies scientific and technological challenges that must be addressed to understand and to significantly reduce the environmental and human health impacts of PFAS and to identify cost-effective—
(i) alternatives to PFAS that are designed to be safer and more environmentally friendly;
(ii) methods for removal of PFAS from the environment; and
(iii) methods to safely destroy or degrade PFAS;
(C) establishes goals, priorities, and metrics for Federally funded PFAS research and development that takes into account the current state of research and development identified in paragraph (A) and the challenges identified in paragraph (B); and
(D) an implementation plan for Federal agencies.
(e) Consultation.—In developing the strategic plan under subsection (d), the interagency working group shall consult with states, tribes, territories, local governments, appropriate industries, academic institutions and nongovernmental organizations with expertise in PFAS research and development, treatment, management, and alternative development.
(f) Annual report.—For each fiscal year beginning with fiscal year 2022, not later than 90 days after submission of the President’s annual budget request for such fiscal year, the Interagency working group shall prepare and submit to Congress a report that includes—
(1) a summary of Federally funded PFAS research and development for such fiscal year and the preceding fiscal year, including a disaggregation of spending for each participating Federal agency; and
(2) a description of how Federal agencies are implementing the strategic plan described in subsection (d).
(g) PFAS research and development.—The term “PFAS research and development” includes any research or project that has the goal of accomplishing the following:
(1) The removal of PFAS from the environment.
(2) The safe destruction or degradation of PFAS.
(3) The development and deployment of safer and more environmentally friendly alternative substances that are functionally similar to those made with PFAS.
(4) The understanding of sources of environmental PFAS contamination and pathways to exposure for the public.
(5) The understanding of the toxicity of PFAS to humans and animals.
(a) Prohibition.—The Director of the Defense Logistics Agency may not procure any covered item containing a perfluoroalkyl substance or polyfluoroalkyl substance.
(b) Definitions.—In this section:
(1) The term “covered item” means—
(A) non-stick cookware or food service ware for use in galleys or dining facilities;
(B) food packaging materials;
(C) furniture or floor waxes;
(D) carpeting, rugs, or upholstered furniture;
(E) personal care items;
(F) dental floss; and
(G) sunscreen.
(2) The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
(3) The term “polyfluoroalkyl substance” means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
(c) Effective date.—This section shall take effect on the date that is one year after the date of the enactment of this Act.
(a) In general.—In conducting removal or remedial actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or section 332 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) of PFOS or PFOA contamination from Department of Defense or National Guard activities found in drinking water or in groundwater that is not currently used for drinking water, the Secretary of Defense shall ensure that such actions result in a level that meets or exceeds the most stringent of the following standards for PFOS or PFOA in any environmental media:
(1) An enforceable State standard, in effect in that State, for drinking, surface, or ground water, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
(2) An enforceable Federal standard for drinking, surface, or ground water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
(3) A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).
(b) Definitions.—In this section:
(1) The term “PFOA” means perfluorooctanoic acid.
(2) The term “PFOS” means perfluorooctane sulfonate.
(3) The terms “removal” and “remedial action” have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(c) Savings clause.—Except with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
(a) In general.—The Secretary of Defense, acting through the National Institute of Standards and Technology and in consultation with appropriate stakeholders and manufactures, research institutions, and other Federal agencies shall award grants and carry out other activities to—
(1) promote and advance the research and development of additional alternatives to aqueous film-forming foam (in this section referred to as “AFFF”) containing per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) to facilitate the development of a military specification and subsequent fielding of a PFAS-free fire-fighting foam;
(2) advance the use of green and sustainable chemistry for a fluorine-free alternative to AFFF;
(3) increase opportunities for sharing best practices within the research and development sector with respect to AFFF;
(4) assist in the testing of potential alternatives to AFFF; and
(5) provide guidelines on priorities with respect to an alternative to AFFF.
(b) Additional requirements.—In carrying out the program required under subsection (a), the Secretary shall—
(1) take into consideration the different uses of AFFF and the priorities of the Department of Defense in finding an alternative;
(2) prioritize green and sustainable chemicals that do not pose a threat to public health or the environment; and
(3) use and leverage research from existing Department of Defense programs.
(c) Report.—The Secretary shall submit to Congress a report on—
(1) the priorities and actions taken with respect to finding an alternative to AFFF and the implementation of such priorities; and
(2) any alternatives the Secretary has denied, and the reason for any such denial.
(d) Use of funds.—This section shall be carried out using amounts authorized to be available for the Strategic Environmental Research and Development Program.
(a) Notification required.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall provide a notification described in subsection (b) to any agricultural operation located within 10 square miles of a location where covered PFAS—
(1) has been detected in groundwater;
(2) has been hydrologically linked to a local water source, including a water well; and
(3) is suspected to be, or due to a positive test known to be, the result of the use of PFAS at any installation of the Department of Defense located in the United States or any State-owned facility of the National Guard.
(b) Notification requirements.—The notification required under subparagraph (a) shall include:
(1) The name of the Department of Defense or National Guard installation from which the PFAS contamination in groundwater originated.
(2) The specific type of PFAS detected in groundwater.
(3) The detection levels of PFAS detected.
(4) Relevant governmental information regarding the health and safety of the covered PFAS detected, including relevant Federal or State standards for PFAS in groundwater, livestock, food commodities and drinking water, and any known restrictions for sale of agricultural products that have been irrigated or watered with water containing PFAS.
(c) Additional testing results.—The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection (a) any pertinent updated information, including any results of new elevated testing, by not later than 15 days after receiving such information.
(d) Report to Congress.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of providing notice under subsection (a). Such report shall include, for the period covered by the report—
(1) the approximate locations of such operations relative to installations of the Department of Defense located in the United States and State-owned facilities of the National Guard;
(2) the PFAS substances detected in groundwater; and
(3) the levels of PFAS detected.
(e) Definitions.—In this section:
(1) The term “covered PFAS” means each of the following:
(A) Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1).
(B) Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1).
(C) Perfluorobutanesulfonic acid ( commonly referred to as “PFBS”) (Chemical Abstracts Service No. 375–73–5).
(D) Perfluorohexane sulfonate (commonly referred to as “PFHxs”) (Chemical Abstracts Service No. 108427–53–8).
(E) Perfluoroheptanoic acid (commonly referred to as “PFHpA”) (Chemical Abstracts Service No. 375–85–9).
(F) Perfluorohexanoic acid (commonly referred to as “PFHxA”) (Chemical Abstracts Service No. 307–24–4).
(G) Perfluorodecanoic acid (commonly referred to as “PFDA”) (Chemical Abstracts Service No. 335–76–2).
(H) Perfluorononanoic acid (commonly referred to as “PFNA”) (Chemical Abstracts Service No. 375–95–1).
(2) The term “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, including the chemical GenX.
(a) Public disclosure of PFAS testing.—The Secretary of Defense shall publicly disclose the results of any testing for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as “PFAS”) conducted on military installations or formerly used defense sites, and any testing for lead or copper at a Department education activity facility, including—
(1) all such testing results conducted by the Department of Defense; and
(2) all such testing results conducted by a non-Department entity (including any Federal agency and any public or private entity) under contract by or pursuant to an agreement with the Department of Defense.
(b) Nature of disclosure.—The Secretary of Defense may satisfy the disclosure requirement under subsection (a) by publishing the information, datasets, and results relating to the testing referred to in such subsection—
(1) on the publicly available website established under section 331(b) of the National Defense Authorization Act of 2020 (Public Law 116–92) by not later than 7 days after such information, datasets, and results become available;
(2) on another publicly available website of the Department of Defense by not later than 7 days after such information, datasets, and results become available; or
(3) in the Federal Register by not later than 30 days after such information, datasets, and results become available.
(c) Requirements.—The information required to be disclosed by the Secretary of Defense under subsection (a) and published under subsection (b) shall—
(1) constitute a record for the purposes of chapters 21, 29, 31, and 33 of title 44, United States Code; and
(2) include any underlying datasets or additional information of interest to the public, as determined by the Secretary of Defense.
(d) Local notification.—Prior to conducting any testing for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall provide to the managers of the public water system and the publicly owned treatment works serving the areas located immediately adjacent to the military installation where such testing is to occur notice in writing of the testing.
(e) Definitions.—In this section:
(1) The term “formerly used defense site” means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the “Environmental Restoration Account, Formerly Used Defense Sites” account established under section 2703(a)(5) of title 10, United States Code.
(2) The term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code.
(3) The term “perfluoroalkyl or polyfluoroalkyl substance” means any per or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
(4) The term “public water system” has the meaning given such term under section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)).
(5) The term “treatment works” has the meaning given such term in section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)).
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on efforts to prevent, detect, and respond to biological threats, including through cooperation with bilateral and multilateral partners.
(b) Elements.—The report shall include the following:
(1) A description of actions taken by the Department of Defense to improve proliferation prevention regarding, detection of, and response to biological threats of natural, accidental, or deliberate origin, including the following:
(A) Department of Defense policy guidance to address the threat of naturally and accidentally occurring diseases in addition to potential deliberate biological events.
(B) Organizational chart describing those responsible in each Department for coordinating these activities, in accordance with the report required by section 745 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(C) A description of efforts to integrate Department of Defense infectious disease research, cooperative threat reduction programs, and other activities designed to protect Department of Defense personnel against infectious disease threats.
(2) Programs and policies to address the threat of accidental or deliberate misuse of emerging biological technologies, including synthetic biology, including Cooperative Threat Reduction, efforts to cooperate with other partners to establish international norms and standards, consideration of new technologies in the Biological Threat Reduction Program, and efforts to develop countermeasures.
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of energy savings performance contracts (in this section referred to as “ESPCs”) by the Department of Defense. Such report shall include—
(1) the total investment value of the total number of ESPCs per service for fiscal years 2016 through 2020;
(2) the location of facilities with ESPCs for fiscal years 2016 through 2020;
(3) any limitations on expanding ESPCs throughout the Department of Defense;
(4) the effect ESPCs have on military readiness; and
(5) any additional information the Secretary determines relevant.
(b) Appropriate congressional committees.—In this section, the appropriate congressional committees are—
(1) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate.
It is the sense of Congress that the Department of Defense should develop an integrated master plan for pursuing Net Zero initiatives and reductions in fossil fuels using the findings of—
(1) the assessment of Department of Defense operational energy usage required under section 318;
(2) the Comptroller General report on Department of Defnse installation energy required under section 323; and
(3) the Department of Defense report on emissions required under section 324.
Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “$10,000,000” and inserting “$15,000,000”.
(a) In general.—Beginning on the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of materials containing per- and polyfluoroalkyl substances or aqueous film forming foam until regulations have been prescribed by the Secretary that—
(1) implement the requirements of section 330 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and
(2) take into consideration the interim guidance published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(b) Report.—Not later than 1 year after the publication of the final regulations described in subsection (a), and annually thereafter, the Secretary shall submit to the Administrator of the Environmental Protection Agency a report on all incineration by the Department of Defense of materials containing perfluoroalkyl substances, polyfluoroalkyl substances, or aqueous film forming foam during the year covered by the report, including—
(1) the total amount of such materials incinerated;
(2) the temperature range at which such materials were incinerated; and
(3) the locations and facilities where such materials were incinerated.
(a) Short title.—This section may be cited as the “Guaranteeing Equipment Safety for Firefighters Act of 2020”.
(b) National Institute of Standards and Technology study on per- and polyfluoroalkyl substances in personal protective equipment worn by firefighters.—
(1) IN GENERAL.—Not later than 3 years after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, subject to availability of appropriations, in consultation with the Director of the National Institute for Occupational Safety and Health, complete a study of the contents and composition of new and unused personal protective equipment worn by firefighters.
(2) CONTENTS OF STUDY.—In carrying out the study required by paragraph (1), the Director of the National Institute of Standards and Technology shall examine—
(A) the identity, prevalence, and concentration of per- and polyfluoroalkyl substances (commonly known as “PFAS”) in the personal protective equipment worn by firefighters;
(B) the conditions and extent to which per- and polyfluoroalkyl substances are released into the environment over time from the degradation of personal protective equipment from normal use by firefighters; and
(C) the relative risk of exposure to per- and polyfluoroalkyl substances faced by firefighters from—
(i) their use of personal protective equipment; and
(ii) degradation of personal protective equipment from normal use by firefighters.
(A) PROGRESS REPORTS.—Not less frequently than once each year for the duration of the study conducted under paragraph (1), the Director shall submit to Congress a report on the progress of the Director in conducting such study.
(B) FINAL REPORT.—Not later than 90 days after the date on which the Director completes the study required by paragraph (1), the Director shall submit to Congress a report describing—
(i) the findings of the Director with respect to the study; and
(ii) recommendations on what additional research or technical improvements to personal protective equipment materials or components should be pursued to avoid unnecessary occupational exposure among firefighters to per- and polyfluoroalkyl substances through personal protective equipment.
(c) Research on per- and polyfluoroalkyl substances in personal protective equipment worn by firefighters.—
(1) IN GENERAL.—Not later than 180 days after the date of the submittal of the report required by subsection (b)(3)(B), the Director of the National Institute of Standards and Technology shall—
(A) issue a solicitation for research proposals to carry out the research recommendations identified in the report submitted under subsection (b)(3); and
(B) award grants to applicants that submit research proposals to develop safe alternatives to per- and polyfluoroalkyl substances in personal protective equipment.
(2) CRITERIA.—The Director shall select research proposals to receive a grant under paragraph (1) on the basis of merit, using criteria identified by the Director, including the likelihood that the research results will address the findings of the Director with respect to the study conducted under subsection (b)(1).
(3) ELIGIBLE ENTITIES.—Any entity or group of 2 or more entities may submit to the Director a research proposal in response to the solicitation for research proposals under paragraph (1), including—
(A) State and local agencies;
(B) public institutions, including public institutions of higher education;
(C) private corporations; and
(D) nonprofit organizations.
(d) Authority for Director of the National Institute of Standards and Technology to consult with experts on matters relating to per- and polyfluoroalkyl substances.—In carrying out this section, the Director of the National Institute of Standards and Technology may consult with Federal agencies, nongovernmental organizations, State and local governments, and science and research institutions determined by the Director to have scientific or material interest in reducing unnecessary occupational exposure to per- and polyfluoroalkyl substances by firefighters.
(e) Authorization of appropriations.—
(1) IN GENERAL.—There are authorized to be appropriated to the Director $2,500,000 to carry out this section.
(2) SUPPLEMENT NOT SUPPLANT.—Funds made available to carry out this section shall supplement and not supplant funds made available to the Director for other purposes.
(1) IN GENERAL.—The Secretary of Defense, acting through the Director of the Defense Logistics Agency, jointly with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall assess the Firefighter Property Program (FFP) and the Federal Excess Personal Property Program (FEPP) implementation and best practices, taking into account community need and risk, including whether a community is an at-risk community (as defined in section 101(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(1)).
(2) COLLABORATION.—In carrying out the assessment required under paragraph (1), the Secretary of Defense, acting through the Director of the Defense Logistics Agency, and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall consult with State foresters and participants in the programs described in such paragraph.
(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Logistics Agency, jointly with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall submit to the Committee on Armed Services and the Committee on Agriculture of the House of Representatives and the Committee on Armed Services and the Committee on Agriculture, Forestry, and Nutrition of the Senate a report on the assessment required under paragraph (1) of subsection (a) and any findings and recommendations with respect to the programs described in such paragraph.
(a) In general.—Chapter 2 of title 10, United States Code, is amended by inserting after section 118 the following new section:
Ҥ 118a. National Defense Sustainment and Logistics Review
“(a) Quadrennial review required.—Two years after the submittal of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the chief of the armed services, the Commander of United States Transportation Command, and the Commander of the Defense Logistics Agency.
“(b) Report to Congress.— (1) Not later than the first Monday in February of the year following the fiscal year during which the review required by subsection (a) is submitted, the Secretary shall submit to the congressional defense committees a report on the review. Each such report shall include each of the following:
“(A) An assessment of the strategic and tactical maritime logistics force (including non-military assets provided by Military Sealift Command and through the Voluntary Intermodal Sealift Agreement) required to support sealift and at sea logistics requirements of forces to meet steady state and contingency requirements.
“(B) An assessment of the strategic and tactical airlift and tankers (including non-military assets provided by the Civil Reserve Air Fleet and through the Voluntary Tanker Agreement) required to support movement of forces to meet steady state and contingency requirements.
“(C) An assessment of the location, configuration, and inventory of prepositioned materiel and equipment programs required to meet steady state and contingency requirements.
“(D) An assessment of the location, infrastructure, and storage capacity for petroleum, oil, and lubricant products, as well as the ability to distribute such products from storage supply points to deployed military forces, required to meet steady state and contingency requirements.
“(E) An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge software and depot maintenance requirements.
“(F) An assessment of the production capability, capacity, and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production requirements for ammunition and other military munitions.
“(G) An assessment of the condition, capacity, and location of military infrastructure required to project military forces to meet steady-state and contingency requirements.
“(H) An assessment of the cybersecurity risks to military and commercial logistics networks and information technology systems.
“(I) An assessment of the gaps between the requirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, capacity, and posture and the risks associated with each gap as it relates to the ability to meet the national defense strategy.
“(J) A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program.
“(K) An assessment of the extent to which wargames conducted by the Department of Defense, Joint Staff, geographic combatant commands, and military departments incorporate logistics capabilities and threats and a description of the logistics constraints to operations identified through such wargames.
“(L) Such other matters the Secretary of Defense considers appropriate.
“(2) The report required under this subsection shall be submitted in classified form and shall include an unclassified summary.
“(c) Comptroller General review.—Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following:
“(1) Whether the report includes each of the elements referred to in subsection (b).
“(2) The strengths and weaknesses of the approach and methodology used in conducting the review required under subsection (a) that is covered by the report.
“(3) Any other matters relating to sustainment that may arise from the report, as the Comptroller General considers appropriate.
“(d) Relationship to budget.—Nothing in this section shall be construed to affect section 1105(a) of title 31.
“(e) Termination.—The requirement to submit a report under this section shall terminate on the date that is 10 years after the date of the enactment of this section.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item:
“118a. National Defense Sustainment and Logistics Review.”.
(c) Deadline for submittal of first report.—Notwithstanding the deadline in subsection (b)(1) of section 118a of title 10, United States Code, the Secretary of Defense shall submit the first report under such section by no later than the date that is 18 months after the date of the enactment of this Act.
Section 9515(k) of title 10, United States Code, is amended by striking “2020” and inserting “2025”.
Section 363(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following new paragraphs:
“(6) The execution of the planned schedule, categorized by class of ship, for each of the three preceding fiscal years, including—
“(A) the actual contract award compared to the milestone;
“(B) the planned completion date compared to the actual completion date; and
“(C) each regional maintenance center’s availability schedule performance for on-time availability completion.
“(7) In accordance with the findings of the Government Accountability Office (GAO 20–370)—
“(A) in 2021, an analysis plan for the evaluation of pilot program availabilities funded by the Other Procurement, Navy account; and
“(B) in 2022, a report on the Navy’s progress implementing such analysis plan.”.
Section 323(b) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 8690 note) is amended by striking “In the case of any naval vessel” and inserting “In the case of any aircraft carrier, amphibious ship, cruiser, destroyer, frigate, or littoral combat ship”.
(a) Establishment.—The Secretary of Defense shall establish an independent advisory panel (in this section referred to as the “panel”) on the weapon system sustainment ecosystem. The National Defense University and the Defense Acquisition University shall sponsor the panel, including by providing administrative support.
(1) COMPOSITION.—The panel shall be comprised of nine members, of whom—
(A) five shall be appointed by the Secretary of Defense;
(B) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
(C) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;
(D) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and
(E) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.
(2) EXPERTISE.—In making appointments under this subsection, consideration should be given to individuals with expertise in public and private-sector acquisition, sustainment, and logistics policy in aviation, ground, maritime systems, and space systems and their related components.
(3) APPOINTMENT DATE.—The appointment of the members of the panel shall be made not later than 120 days after the date of the enactment of this Act.
(1) review the weapon system sustainment ecosystem from development, production, and sustainment of the weapon system through use in the field, depot and field-level maintenance, modification, and disposal with a goal of—
(A) maximizing the availability and mission capabilities of weapon systems;
(B) reducing overall life-cycle costs of weapon systems during fielding, operation and sustainment; and
(C) aligning weapon system sustainment functions to the most recent national defense strategy submitted pursuant to section 113 of title 10, United States Code; and
(2) using information from the review of the weapon system sustainment ecosystem, make recommendations related to statutory, regulatory, policy, or operational best practices the panel considers necessary.
(1) INTERIM REPORT.—Not later than 1 year after the date on which all members of the panel have been appointed, the panel shall provide to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim findings and recommendations of the panel.
(2) FINAL REPORT.—Not later than 2 years after the date on which all members of the panel have been appointed, the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a report setting for a detailed statement of the findings and conclusions the panel as a result of the review described in subsection (c), together with such recommendations related to statutory, regulatory, policy, or operational practices as the panel considers appropriate in light of the results of the review.
(1) IN GENERAL.—The Secretary of Defense shall provide the panel with timely access to appropriate information, data, resources, analysis, and logistics support so that the panel may conduct a thorough and independent assessment as required under this section.
(2) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE.—If any member has not been appointed by the date specified in subsection (b)(3), the authority to appoint such member under subsection (b)(1) shall expire, and the number of members of the panel shall be reduced by the number equal to the number of appointments so not made.
(3) PERIOD OF APPOINTMENT; VACANCIES.—Members of the panel shall be appointed for the duration of the panel. Any vacancy in the panel shall not affect its powers, but shall be filled in the same manner as the original appointment.
(4) CHAIR.—The panel shall select a Chair from among its members. The Chair may not be a Federal officer or employee.
(f) Termination.—The panel shall terminate 90 days after the date on which the panel submits the report required under subsection (d)(2).
(a) Briefings required.—During the period beginning on July 1, 2020, and ending on July 1, 2025, the Secretary of the Navy shall provide to the congressional defense committees biannual briefings on the status of the Shipyard Infrastructure Optimization Plan.
(b) Elements of briefings.—Each briefing under subsection (a) shall include a discussion of the status of each of the following elements:
(1) A master plan for infrastructure development, including projected military construction and capital equipment projects.
(2) A planning and design update for military construction, minor military construction, and facility sustainment projects over the subsequent five-year period.
(3) A human capital management and development plan.
(4) A workload management plan that includes synchronization requirements for each shipyard and ship class.
(5) Performance metrics and an assessment plan.
(6) A funding and authority plan that includes funding lines across the future years defense program.
(a) In general.—Section 118 of title 10, United States Code is amended—
(1) by amending the section heading to read as follows: “Materiel readiness metrics and objectives for major weapon systems”;
(2) by striking “Not later than five days” and inserting the following:
“(d) Budget justification.—Not later than five days”;
(3) by inserting before subsection (d) (as designated by paragraph (2)) the following new subsections:
“(a) Materiel readiness metrics.—Each head of an element of the Department specified in paragraphs (1) through (10) of section 111(b) of this title shall establish and maintain materiel readiness metrics to enable assessment of the readiness of members of the armed forces to carry out—
“(1) the strategic framework required by section 113(g)(1)(B)(vii) of this title; and
“(2) guidance issued by the Secretary of Defense pursuant to section 113(g)(1)(B) of this title.
“(b) Required metrics.—At a minimum, the materiel readiness metrics required by subsection (a) shall address the materiel availability, operational availability, operational capability, and materiel reliability of each major weapon system by designated mission, design series, variant, or class.
“(c) Materiel readiness objectives.— (1) Not later than one year after the date of the enactment of this Act, each head of an element described in subsection (a) shall establish the metrics required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection (a).
“(2) Annually, each head of an element described in subsection (a) shall review and revise the metrics required by subsection (b) and include any such revisions in the materials submitted to Congress in support of the budget of the President under section 1105 of title 31.”;
(4) in subsection (d) (as designated by paragraph (2))—
(i) by striking “materiel reliability, and mean down time metrics for each major weapons system” and inserting “operational availability, and materiel reliability for each major weapon system”; and
(ii) by inserting “and” at the end;
(B) in paragraph (2), by striking “; and” and inserting a period at the end; and
(C) by striking paragraph (3); and
(5) by adding at the end the following new subsection:
“(e) Definitions.—In this section:
“(1) The term ‘major weapon system’ has the meaning given in section 2379(f) of this title.
“(2) The term ‘materiel availability’ means a measure of the percentage of the total inventory of a major weapon system that is operationally capable of performing an assigned mission.
“(3) The term ‘materiel reliability’ means the probability that a major weapon system will perform without failure over a specified interval.
“(4) The term ‘operational availability’ means a measure of the percentage of time a major weapon system is operationally capable.
“(5) The term ‘operationally capable’ means a materiel condition indicating that a major weapon system is capable of performing its assigned mission and has no discrepancies with a subsystem of a major weapon system.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended by striking the item relating to section 118 and inserting the following new item:
“118. Materiel readiness metrics and objectives for major defense acquisition programs.”.
(c) Briefing.—Not later than October 1, 2021, the Secretary of Defense shall brief the congressional defense committees regarding the implementation of the materiel readiness metrics required under section 118 of title 10, United States Code, as amended by subsection (a).
(a) Responsibilities.—Section 172 of title 10, United States Code, is amended by adding at the end the following new subsections:
“(c) Responsibilities of chair.—The chair of the explosive safety board shall carry out the following responsibilities:
“(1) To act as the principal executive representative and advisor of the Secretary on explosive and chemical agent safety matters related to Department of Defense military munitions.
“(2) To perform the hazard classification approval duties assigned to the chair.
“(3) To preside over meetings of the explosive safety board.
“(4) To direct the staff of the explosive safety board.
“(5) To performs other functions relating to explosives safety management, as directed by the Assistant Secretary of Defense for Sustainment.
“(6) To provide impartial and objective advice related to explosives safety management to the Secretary of Defense and the heads of the military departments.
“(7) To serve as the principal representative and advisor of the Department of Defense on matters relating to explosives safety management.
“(8) To provide assistance and advice to the Under Secretary of Defense for Acquisition and Sustainment and the Deputy Director of Land Warfare and Munitions in munitions acquisition oversight and technology advancement for Department of Defense military munitions, especially in the areas of explosives and chemical agent safety and demilitarization.
“(9) To provide assistance and advice to the Assistant Secretary of Defense for Logistics and Material Readiness in sustainment oversight of Department of Defense military munitions, especially in the areas of explosives and chemical agent safety, storage, transportation, and demilitarization.
“(10) To develop and recommend issuances to define the functions of the explosive safety board.
“(11) To establishes joint hazard classification procedures with covered components of the Department.
“(12) To make recommendations to the Under Secretary of Defense for Acquisition and Sustainment with respect to explosives and chemical agent safety tenets and requirements.
“(13) To conducts oversight of Department of Defense explosive safety management programs.
“(14) To carry out such other responsibilities as the Secretary of Defense determines appropriate.
“(d) Responsibilities of executive director and civilian members.—The executive director and civilian members of the explosive safety board shall—
“(1) provide assistance to the chair in carrying out the responsibilities specified in subsection (c); and
“(2) carry out such other responsibilities as the chair determines appropriate.
“(e) Meetings.— (1) The explosive safety board shall meet not less frequently than quarterly.
“(2) The chair shall submit to the congressional defense committees an annual report describing the activities conducted at the meetings of the board.
“(f) Exclusive responsibilities.—The explosive safety board shall have exclusive responsibility within the Department of Defense for—
“(1) recommending new and updated explosive and chemical agent safety regulations and standards to the Assistant Secretary of Defense for Energy Installations and Environment for submittal to the Under Secretary of Defense for Acquisition and Sustainment; and
“(2) acting as the primary forum for coordination among covered components of the Department on all matters related to explosive safety management.
“(g) Covered components.—In this section, the covered components of the Department are each of the following:
“(1) The Office of the Secretary of Defense.
“(2) The military departments.
“(3) The Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands.
“(4) The Office of the Inspector General of the Department.
“(5) The Defense Agencies.
“(6) The Department of Defense field activities.
“(7) All other organizational entities within the Department.”.
(b) Deadline for appointment.—By not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall take such steps as may be necessary to ensure that the explosive safety board of the Department of Defense, as authorized under section 172 of title 10, United States Code, has a chair who is a military officer and whose responsibilities include the day-to-day management of the explosive safety board and the responsibilities provided in subsection (c) of such section.
(c) Limitation on use of funds.—Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Under Secretary of Defense for Acquisition and Sustainment for fiscal year 2021, not more than 75 percent may be obligated or expended until the date on which the Under Secretary of Defense certifies to the congressional defense committees that all board member positions, including the chair, of the Department of Defense explosive safety board, as authorized under section 172 of title 10, United States Code, as amended by this section, have been filled by military officers as required by such section.
(a) Roles, responsibilities, and authorities.—Section 2284(b) of title 10, United States Code, as amended by section 1052 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—
(A) by inserting “and” before “integration”; and
(B) by striking “an Assistant Secretary of Defense” and inserting “the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict”;
(2) in paragraph (2), by striking “to whom responsibility is assigned under paragraph (1)(A)” and inserting “for Special Operations and Low Intensity Conflict”;
(3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(4) by inserting after paragraph (2) the following new paragraph (3):
“(3) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall coordinate with—
“(A) the Under Secretary of Defense for Intelligence on explosive ordnance technical intelligence;
“(B) the Under Secretary of Defense for Acquisition and Sustainment on explosive ordnance disposal research, development, acquisition, and sustainment;
“(C) the Under Secretary of Defense for Research and Engineering on explosive ordnance disposal research, development, test, and evaluation;
“(D) the Assistant Secretary of Defense for Homeland Security and Global Security on explosive ordnance disposal on defense support of civil authorities; and
“(E) the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense programs on explosive ordnance disposal for combating weapons of mass destruction;”.
(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report of the Explosive Ordnance Disposal Defense Program under section 2284 of title 10, United States Code. Such report shall include each of the following:
(1) The status of the establishment and organization of the Program and the compliance with the requirements of such section, as amended by section 1052 of the National Defense Authorization Act for Fiscal Year 2020.
(2) An assessment of the feasibility and advisability of designating the Joint Program Executive Officer for Armaments and Ammunition as the joint program executive officer for the explosive ordnance disposal program or establishing a rotation of the role between an Army, Navy, and Air Force entity on a periodic basis.
(3) An assessment of the feasibility and advisability of designating the Director of the Defense Threat Reduction Agency with management responsibility for a Defense-wide program element for explosive ordnance disposal research, development, test, and evaluation transactions other than contracts, cooperative agreements, and grants related to section 2371 of title 10, United States Code, during research projects including rapid prototyping and limited procurement urgent activities and acquisition.
(a) Assessment.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally-funded research and development center with relevant expertise under which such center shall conduct an assessment of the resilience of the Department of Defense munitions enterprise.
(b) Elements.—The assessment required under subsection (a) shall include the following elements:
(1) An identification of the points of failure with respect to the munitions enterprise, including physical locations, materials, suppliers, contractors, and other relevant elements, that, if failure occurs, would have the largest negative impact on the capacity, resiliency, and safety of the enterprise.
(2) An evaluation of the efforts of the Department of Defense to address the points of failure identified under paragraph (1).
(3) Recommendation with respect to any additional efforts or actions that could be taken to provide for mitigation or solutions with respect to such points of failure.
(4) An evaluation of the capacity of the munitions enterprise to support a sudden surge in demand to support a contingency.
(5) An evaluation of the capacity of the munitions enterprise to withstand intentional disruption during a conflict.
(c) Report and briefings.—The Secretary shall—
(1) submit to the congressional defense committees a report on the results of assessment conducted under this section by not later than December 31, 2021; and
(2) provide for such committees interim briefings on such assessment upon request.
(d) Point of failure.—In this section, the term “point of failure” means, with respect to the munitions enterprise, an aspect of the enterprise, that, if it were to fail or be significantly negatively impacted would cause the portion of the enterprise it supports to either fail or be significantly negatively impacted.
(a) Report required.—The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2022 through 2025 (as submitted to Congress pursuant to section 1105 of title 31, United States Code), a report on safety waivers provided in the Department of Defense munitions enterprise. Each such report shall include each of the following for the year covered by the report and each of the preceding 3 years:
(1) A list of each waiver, exemption, and secretarial exemption or certification provided with respect to any Department of Defense munitions safety standard.
(2) For each such waiver, exemption, or certification provided—
(A) the location where the waiver, exemption, or certification was provided;
(B) a summary of the justification used for providing the waiver, exemption, or certification;
(C) the time period during which the waiver, exemption, or certification applies and the number of times such a waiver, exemption, or certification has been provided at that location; and
(D) a list of all safety-related mishaps that occurred at locations where waivers, exemptions, or certifications were in place, and for each such mishap, whether or not a subsequent investigation determined the waiver, exemption, or certification was related or may have been related to the mishap.
(3) A list and summary of all class A through class E mishaps related to the construction, storage, transportation, usage, and demilitarization of munitions.
(4) Any mitigation efforts in place at any location where a waiver, exemption, or certification has been provided or where a safety-related mishap has occurred.
(5) Such other matters as the Secretary determines appropriate.
(b) Munitions defined.—In this section, the term “munitions” includes ammunition, explosives, and chemical agents.
(a) Pilot program.—The Director of the Defense Logistics Agency, in coordination with the Secretaries concerned, shall carry out a pilot program under which each Secretary concerned shall establish an office for issuing maternity-related uniform items to pregnant members of the Armed Forces, on a temporary basis and at no cost to such member. In carrying out the pilot program, the Director shall take the following actions:
(1) The Director shall ensure that such offices maintain a stock of each type of maternity-related uniform item determined necessary by the Secretary concerned, including service uniforms items, utility uniform items, and other items relating to the command and duty assignment of the member requiring issuance.
(2) The Director shall ensure that such items have not been treated with the chemical permethrin.
(3) The Director, in coordination with the Secretary concerned, shall determine a standard number of maternity-related uniform items that may be issued per member.
(4) The Secretary concerned shall ensure that any member receiving a maternity-related uniform item returns such item to the relevant office established under paragraph (1) on the date on which the Secretary concerned determines the member no longer requires such item.
(5) The Secretary concerned shall inspect, process, repair, clean, and re-stock items returned by a member pursuant to paragraph (4) for re-issuance from such relevant office.
(6) The Director, in coordination with the Secretaries concerned, may issue such guidance and regulations as necessary to carry out the pilot program.
(b) Termination.—No maternity-related uniform items may be issued to a member of the Armed Forces under the pilot program after September 30, 2026.
(c) Report.—Not later than September 30, 2025, the Director of the Defense Logistics Agency, in coordination with the Secretaries concerned, shall submit to the congressional defense committees a report on the pilot program. Such report shall include each of the following:
(1) For each year during which the pilot program was carried out, the number of members of the Armed Forces who received a maternity-related uniform item under the pilot program.
(2) An overview of the costs associated with, and any savings realized by, the pilot program, including a comparison of the cost of maintaining a stock of maternity-related uniform items for issuance under the pilot program versus the cost of providing allowances to members for purchasing such items.
(3) A recommendation on whether the pilot program should be extended after the date of termination under subsection (b) and whether legislation is necessary for such extension.
(4) Any other matters that the Secretary of Defense determines appropriate.
(d) Authorization of appropriations.—Of the amounts authorized to be appropriated for operation and maintenance, Defense-wide, for fiscal year 2021, as specified in the funding table in section 4301, $10,000,000 shall be available for implementation of the pilot program.
(a) In general.—The Secretary of the Army may enter into a contract, partnership, or grant with a non-profit organization for the purpose of providing financial support for the maintenance and sustainment of infrastructure and facilities at military service memorials and museums that highlight the role of women in the military. Such a contract, partnership, or grant shall be referred to as a “Servicewomen’s Commemorative Partnership”.
(b) Authorization of appropriations.—Of the amounts authorized to be appropriated for fiscal year 2021, as identified in division D of this Act, $3,000,000 shall be available for Servicewomen’s Commemorative Partnerships under subsection (a).
(a) Annual analysis.—For each fiscal year, the Director of the Office of Management and Budget shall—
(1) conduct a detailed and comprehensive analysis of Federal biodefense programs; and
(2) develop an integrated biodefense budget submission.
(b) Definition of biodefense.—In accordance with the National Biodefense Strategy, the Director shall develop and disseminate to all Federal departments and agencies a unified definition of the term “biodefense” to identify which programs and activities are included in annual budget submission referred to in subsection (a).
(c) Requirements for analysis.—The analysis required under subsection (a) shall include—
(1) the display of all funds requested for biodefense activities, both mandatory and discretionary, by agency and categorized by biodefense enterprise element, including threat awareness, prevention, deterrence, preparedness, surveillance and detection, response, attribution (including bioforensic capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and activity included aligns with biodefense goals.
(d) Submittal to Congress.— The Director shall submit to Congress the analysis required under subsection (a) for a fiscal year concurrently with the President’s annual budget request for that fiscal year.
(a) In general.—The Secretary of Health and Human Services, in cooperation with the Biodefense Steering Committee, shall clarify the national biodefense strategy and associated implementation plan developed under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104) to clearly document agreed-upon processes, roles, and responsibilities for making and enforcing enterprise-wide decisions.
(b) Specific clarifications.—In carrying out subsection (a), the Secretary of Health and Human Services shall work with the head of each agency participating in the Biodefense Steering Committee, including the Administrator of the Federal Emergency Management Agency, to—
(1) enter into a memorandum of understanding, or take such other action as is necessary, to describe the roles and responsibilities of the Federal departments and agencies, including internal and external coordination procedures, in identifying and sharing information, as described in section 1086(b)(4) of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104(b)(4));
(2) clarify roles, responsibilities, and processes for decisionmaking that involves shifting resources across agency boundaries to more effectively or efficiently address enterprise-wide risk;
(3) prepare an inventory and assessment of all existing strategies, plans, policies, laws, and interagency agreements with respect to biodefense;
(4) establish a resource plan to staff, support, and sustain the efforts of the Biodefense Coordination Team;
(5) clearly document guidance and methods for analyzing the data collected from agencies to include non-Federal resources and capabilities; and
(6) not later than 90 days after the date of enactment of this Act, report to the appropriate congressional committees on possible implementation strategies, that will effectively and efficiently enhance information-sharing activities on biosurveillance data integration as identified in the national biodefense strategy and associated implementation plan described in subsection (a).
(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:
(1) The Committees on Armed Services of the House of Representatives and the Senate.
(2) The Committees on Appropriations of the House of Representatives and the Senate.
(3) The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(4) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(5) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
(1) a description of the roles and responsibilities of Department of Defense entities with responsibility for biodefense or pandemic preparedness and response, including logistical support;
(2) an updated Department of Defense implementation plan for biodefense and pandemic response operations that includes a separation of activities conducted under title 10, United States Code, and activities conducted under title 32, United States Code; and
(3) recommendations for solving gaps in authorities or organizational structures that have inhibited COVID–19 response efforts.
Section 2684a(d)(5) of title 10, United States Code, is amended—
(1) in the second sentence of subparagraph (A), by inserting “or another Federal agency” after “to a State” both places it appears; and
(2) by striking subparagraph (B) and inserting the following:
“(B) Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Secretary concerned reasonable advance notice of its intent. If the Secretary concerned determines it necessary to preserve the purposes of this section, the Secretary concerned may request that administrative jurisdiction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly. If the Secretary concerned does not make such a request within a reasonable time period, all such rights of the Secretary concerned to request transfer of the property or interest shall remain available to the Secretary concerned with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees.”.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2021, as follows:
(1) The Army, 485,900.
(2) The Navy, 347,800.
(3) The Marine Corps, 184,100.
(4) The Air Force, 327,266.
(5) The Space Force, 6,434.
Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:
“(1) For the Army, 485,900.
“(2) For the Navy, 347,800.
“(3) For the Marine Corps, 184,100.
“(4) For the Air Force, 327,266.
“(5) For the Space Force, 6,434.”.
(a) In general.—Section 517 of title 10, United States Code, is amended—
(1) in the section heading, by striking “daily average” and inserting “enlisted end strength”; and
(A) by striking “daily average number of” and inserting “end strength for”;
(B) by striking “in a fiscal year” and inserting “as of the last day of a fiscal year”;
(C) by striking “2.5 percent” and inserting “3.0 percent”; and
(D) by striking “on the first day of that fiscal year”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 517 and inserting the following new item:
“517. Authorized enlisted end strength: members in pay grades E–8 and E–9.”.
(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2021, as follows:
(1) The Army National Guard of the United States, 336,500.
(2) The Army Reserve, 189,800.
(3) The Navy Reserve, 58,800.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 108,100.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
(c) End strength increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2021, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,215.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 5,256.
The minimum number of military technicians (dual status) as of the last day of fiscal year 2021 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,947.
During fiscal year 2021, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
(b) Construction of authorization.—The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2021.
Section 526a of title 10, United States Code, is amended—
(1) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
“(c) Exclusion of certain officers of the reserve components.—The limitations of this section do not apply to the following:
“(1) A general or flag officer of a reserve component who is on active duty—
“(A) for training; or
“(B) under a call or order specifying a period of less than 180 days.
“(2) (A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days.
“(B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A).
“(C) Each number described in subparagraph (B) may not exceed 10 percent of the number of general or flag officers, as the case may be, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero.
“(3) (A) A general or flag officer of a reserve component who is on active duty for a period longer than 365 days and not longer than three years.
“(B) The number of officers described in subparagraph (A) who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Secretary of Defense.”.
(a) Requirement for diverse membership of active duty selection boards.—
(1) OFFICERS.—Section 612(a)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: “The members of a selection board shall represent the diversity of the armed forces to the extent practicable.”.
(2) WARRANT OFFICERS.—Section 573(b) of title 10, United States Code, is amended by adding at the end the following new sentence: “The members of a selection board shall represent the diversity of the armed forces to the extent practicable.”.
(b) Requirement for diverse membership of reserve components selection boards.—Section 14102(b) of title 10, United States Code, is amended by adding at the end the following new sentence: “The members of a selection board shall represent the diversity of the armed forces to the extent practicable.”.
(1) IN GENERAL.—The Secretary of Defense shall ensure that the members of each selection board described in paragraph (2) represent the diversity of the armed forces to the extent practicable.
(2) SELECTION BOARD DESCRIBED.—A selection board described in this paragraph (1) is any selection board used with respect to the promotion, education, or command assignments of members of the Armed Forces that is not covered by the amendments made by this section.
(a) Active-Duty officers.—Section 615(b) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively;
(2) in the matter preceding subparagraph (A), as redesignated, by inserting “(1)” before “The Secretary”;
(3) in subparagraph (C), as redesignated, by striking “whose name is furnished to the board” and inserting “under consideration by the board for promotion”;
(4) by striking subparagraph (B), as redesignated, and redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and
(5) by adding at the end the following new paragraph:
“(2) The Secretary of the military department concerned shall redact any personally identifiable information from the information furnished to a selection board under this section.”.
(b) Reserve officers.—Section 14107(b) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;
(2) in the matter preceding subparagraph (A), as redesignated, by inserting “(1)” before “The Secretary”;
(3) in subparagraph (C), as redesignated, by striking “whose name is furnished to the board” and inserting “under consideration by the board for promotion”;
(4) by striking subparagraph (B), as redesignated, and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively; and
(5) by adding at the end the following new paragraph:
“(2) The Secretary of the military department concerned shall redact any personally identifiable information from the information furnished to a promotion board under this section.”.
(c) Enlisted members.—Each Secretary of a military department shall prescribe regulations that require the redaction of any personally identifiable information from the information furnished to a board that considers for promotion an enlisted member of an Armed Force under the jurisdiction of that Secretary.
(a) Regular officers.—Subparagraph (D) of section 533(b)(1) of title 10, United States Code, is amended to read as follows:
“(D) Additional credit as follows:
“(i) For special training or experience in a particular officer field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.
“(ii) During fiscal years 2021 through 2025, for advanced education in an officer field so designated, if such education is directly related to the operational needs of the armed force concerned.”.
(b) Reserve officers.—Section 12207(b)(1) of such title is amended—
(1) in the matter preceding subparagraph (A), “or a designation in” and all that follows through “education or training,” and inserting “and who has special training or experience, or advanced education (if applicable),”; and
(2) by striking subparagraph (D) and inserting the following new subparagraph:
“(D) Additional credit as follows:
“(i) For special training or experience in a particular officer field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.
“(ii) During fiscal years 2021 through 2025, for advanced education in an officer field so designated, if such education is directly related to the operational needs of the armed force concerned.”.
(1) IN GENERAL.—Not later than February 1, 2022, and every 4 years thereafter, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the use of the authorities in subparagraph (D) of section 553(b)(1) of title 10, United States Code (as amended by subsection (a)), and subparagraph (D) of section 12207(b)(1) of such title (as amended by subsection (b)) (each referred to in this subsection as a “constructive credit authority”) during the preceding fiscal year for the Armed Forces under the jurisdiction of such Secretary.
(2) ELEMENTS.—Each report under paragraph (1) shall include, for the fiscal year and Armed Forces covered by such report, the following:
(A) The manner in which constructive service credit was calculated under each constructive credit authority.
(B) The number of officers credited constructive service credit under each constructive credit authority.
(C) A description and assessment of the utility of the constructive credit authorities in meeting the operational needs of the Armed Force concerned.
(D) Such other matters in connection with the constructive credit authorities as the Secretary of the military department concerned considers appropriate.
Section 509 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 503 note) is amended—
(1) by striking “pilot” each place it appears; and
(2) by striking subsections (d) and (e).
(1) IN GENERAL.—Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 2036. Grants to support science, technology, engineering, and mathematics education
“(a) Authority.—The Secretary, in consultation with the Secretary of Education, may carry out a program to make grants to eligible entities to assist such entities in providing education in covered subjects to students in the Junior Reserve Officers’ Training Corps.
“(b) Coordination.—In carrying out a program under subsection (a), the Secretary may coordinate with the following:
“(1) The Secretaries of the military departments.
“(2) The Secretary of Education.
“(3) The Director of the National Science Foundation.
“(4) The Administrator of the National Aeronautics and Space Administration.
“(5) The heads of such other Federal, State, and local government entities the Secretary of Defense determines to be appropriate.
“(6) Private sector organizations as the Secretary of Defense determines appropriate.
“(c) Activities.—Activities funded with grants under this section may include the following:
“(1) Training and other support for instructors to teach courses in covered subjects to students.
“(2) The acquisition of materials, hardware, and software necessary for the instruction of covered subjects.
“(3) Activities that improve the quality of educational materials, training opportunities, and curricula available to students and instructors in covered subjects.
“(4) Development of travel opportunities, demonstrations, mentoring programs, and informal education in covered subjects for students and instructors.
“(5) Students’ pursuit of certifications in covered subjects.
“(d) Preference.—In making any grants under this section, the Secretary shall give preference to eligible entities that are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
“(e) Evaluations.—In carrying out a program under this section, the Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of the activities funded with grants under this section with respect to the needs of the Department of Defense.
“(f) Authorities.—In carrying out a program under this section, the Secretary shall, to the extent practicable, make use of the authorities under chapter 111 and sections 2601 and 2605 of this title, and other authorities the Secretary determines appropriate.
“(g) Definitions.—In this section:
“(1) The term ‘eligible entity’ means a local education agency that hosts a unit of the Junior Reserve Officers’ Training Corps.
“(2) The term ‘covered subjects’ means—
“(A) science;
“(B) technology;
“(C) engineering;
“(D) mathematics;
“(E) computer science;
“(F) computational thinking;
“(G) artificial intelligence;
“(H) machine learning;
“(I) data science;
“(J) cybersecurity;
“(K) robotics;
“(L) health sciences; and
“(M) other subjects determined by the Secretary of Defense to be related to science, technology, engineering, and mathematics.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 102 of such title is amended by adding at the end the following new item:
“2036. Grants to support science, technology, engineering, and mathematics education.”.
(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on any activities carried out under section 2036 of title 10, United States Code (as added by subsection (a)).
(2) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—In this subsection, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
(a) Modification of maximum repayment amount.—Section 16301(b) of title 10, United States Code, is amended by striking “15 percent or $500” and inserting “20 percent or $1,000”.
(b) Effective date and applicability.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to loan repayment under section 16301 of title 10, United States Code, for eligible years of service completed on or after the date of the enactment of this Act.
Section 502(f)(2)(A) of title 32, United States Code, is amended by inserting “and performed inside the United States with the consent of the chief executive officer of the State (as that term is defined in section 901 of this title)” after “Defense”.
(a) Authority.—Under regulations prescribed by the Secretary of Defense, the Secretary, in computing retired pay pursuant to section 12733 of title 10, United States Code, may approve constructive credit, in addition to points earned under section 12732(a)(2) of such title, for a member of the reserve components of the Armed Forces who cannot complete minimum annual training requirements due to cancellation or other extenuating circumstance arising from the covered national emergency.
(1) REPORT REQUIRED.—Not later than 1 year after the date on which the covered national emergency ends, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a).
(2) ELEMENTS.—The report under this subsection shall include, with respect to each reserve component, the following:
(A) The number of individuals granted constructive credit as a result of a training cancellation.
(B) The number of individuals granted constructive credit as a result of another extenuating circumstance.
(C) Recommendations of the Secretary whether the authority under subsection (a) should be made permanent and under what circumstances such permanent authority should apply.
(3) PUBLICATION.—Not later than 30 days after submitting the report under paragraph (1), the Secretary shall—
(A) publish the report on a publicly accessible website of the Department of Defense; and
(B) ensure that any data in the report is made available in a machine-readable format that is downloadable, searchable, and sortable.
(c) Covered national emergency defined.—In this section, the term “covered national emergency” means the national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19.
(a) New guidance.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue new guidance that provides for the expedited review of requests for the use of unmanned aircraft systems by the National Guard for covered activities within the United States.
(b) Covered activities defined.—In this section, “covered activities” means the following:
(1) Emergency operations.
(2) Search and rescue operations.
(3) Defense support to civil authorities.
(4) Support under section 502(f) of title 32, United States Code.
(a) In general.—The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members of the National Guard and Reserves in reserve active-status.
(b) Administration.—Any such pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code, or other officials in the States concerned designated by the Secretary for purposes of the pilot program.
(c) Cost-Sharing requirement.—As a condition on the provision of funds under this section to a State to support the operation of the pilot program in that State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 50 percent of the funds provided by the Secretary to the State under this section.
(d) Development.—In developing any such pilot program, the Secretary shall—
(1) incorporate elements of State direct employment programs for members of the reserve components; and
(2) use resources provided to members of the Armed Forces with civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense.
(e) Direct employment program model.—Any such pilot program shall use a job placement program model that focuses on working one-on-one with eligible members to cost-effectively provide job placement services, including—
(1) identifying unemployed and underemployed individuals;
(2) job matching services;
(3) resume editing;
(4) interview preparation; and
(5) post-employment follow up.
(f) Evaluation.—The Secretary shall develop outcome metrics to evaluate the success of any such pilot program.
(1) REPORT REQUIRED.—If the Secretary carries out the pilot Program, the Secretary of Defense shall submit to the congressional defense committees a report describing the results of the pilot program not later than March 1, 2022. The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau.
(2) ELEMENTS.—A report under paragraph (1) shall include the following:
(A) A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components of the Armed Forces hired and the cost-per-placement of participating members.
(B) An assessment of the effects of the pilot program and increased reserve component employment on the readiness of members of the reserve components and on the retention of members.
(C) A comparison of the pilot program to other programs conducted by the Department of Defense to provide unemployment or underemployment support to members of the reserve components of the Armed Forces, including the best practices developed through and used in such programs.
(D) Any other matters the Secretary of Defense determines appropriate.
(1) Subject to paragraph (2), the authority to carry out the pilot program expires on September 30, 2024.
(2) The Secretary may elect to extend the pilot program for not more than two additional fiscal years.
(a) Limitation.—The Secretary of the Air Force may not transfer or relocate any personnel or asset, or dissolve any unit, of the Air National Guard or Air Force Reserve until the latter of the following occurs:
(1) The day that is 180 days after the date on which the Secretary of the Air Force submits the report under subsection (b).
(2) The Chief of Space Operations certifies in writing to the Secretary of the Air Force that plans of the Secretary to establish the reserve components of the Space Force shall not diminish space capability of the Department of the Air Force.
(b) Report required.—Not later than January 31, 2021, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the plan of the Secretary to establish the reserve components of the Space Force. The report shall identify the following:
(1) The assumptions and factors used to develop the plan.
(2) The members of the team that issued recommendations regarding the organization of such reserve components.
(3) The recommendations of the Secretary regarding the mission, organization, and unit retention of such reserve components.
(4) The final organizational and integration recommendations regarding such reserve components.
(5) The proposed staffing and operational organization for such reserve components.
(6) The estimated date of implementation of the plan.
(7) Any savings or costs arising from the preservation of existing space-related force structures in the Air National Guard.
(a) Pilot programs required.—The Secretary of Defense may carry out two pilot programs as follows:
(1) A pilot program, with elements as provided for in subsection (c), at covered institutions in order to assess the feasibility and advisability of mechanisms to reduce barriers to participation in the Senior Reserve Officers' Training Corps at such institutions by creating partnerships between satellite or extension Senior Reserve Officers' Training Corps units at such institutions and military installations.
(2) In consultation with the Secretary of Homeland Security, a pilot program, with elements as provided for in subsection (d), in order to assess the feasibility and advisability of the provision of financial assistance to members of the Senior Reserve Officers' Training Corps, and members of the Coast Guard College Student Pre-Commissioning Initiative, at covered institutions for participation in flight training.
(b) Duration.—The duration of each pilot program under subsection (a) may not exceed 5 years.
(c) Pilot program on partnerships between satellite or extension SROTC units and military installations.—
(1) PARTICIPATING INSTITUTIONS.—The Secretary of Defense shall carry out the pilot program required by subsection (a)(1) at not fewer than five covered institutions selected by the Secretary for purposes of the pilot program.
(2) REQUIREMENTS FOR SELECTION.—Each covered institution selected by the Secretary for purposes of the pilot program under subsection (a)(1) shall—
(A) currently maintain a satellite or extension Senior Reserve Officers' Training Corps unit under chapter 103 of title 10, United States Code, that is located more than 20 miles from the host unit of such unit; or
(B) establish and maintain a satellite or extension Senior Reserve Officers' Training Corps unit that meets the requirements in subparagraph (A).
(3) PREFERENCE IN SELECTION OF INSTITUTIONS.—In selecting covered institutions under this subsection for participation in the pilot program under subsection (a)(1), the Secretary shall give preference to covered institutions that are located within 20 miles of a military installation of the same Armed Force as the host unit of the Senior Reserve Officers' Training Corps of the covered institution concerned.
(4) PARTNERSHIP ACTIVITIES.—The activities conducted under the pilot program under subsection (a)(1) between a satellite or extension Senior Reserve Officers' Training Corps unit and the military installation concerned shall include such activities designed to reduce barriers to participation in the Senior Reserve Officers' Training Corps at the covered institution concerned as the Secretary considers appropriate, including measures to mitigate travel time and expenses in connection with receipt of Senior Reserve Officers' Training Corps instruction.
(d) Pilot program on financial assistance for SROTC and CSPI members for flight training.—
(1) ELIGIBILITY FOR PARTICIPATION BY SROTC AND CSPI MEMBERS.—A member of a Senior Reserve Officers' Training Corps unit, or a member of a Coast Guard College Student Pre-Commissioning Initiative program, at a covered institution may participate in the pilot program under subsection (a)(2) if the member meets such academic requirements at the covered institution, and such other requirements, as the Secretary shall establish for purposes of the pilot program.
(2) PREFERENCE IN SELECTION OF PARTICIPANTS.—In selecting members under this subsection for participation in the pilot program under subsection (a)(2), the Secretary shall give a preference to members who will pursue flight training under the pilot program at a covered institution.
(3) FINANCIAL ASSISTANCE FOR FLIGHT TRAINING.—
(A) IN GENERAL.—The Secretary may provide any member of a Senior Reserve Officers' Training Corps unit or a College Student Pre-Commissioning Initiative program who participates in the pilot program under subsection (a)(2) financial assistance to defray, whether in whole or in part, the charges and fees imposed on the member for flight training.
(B) FLIGHT TRAINING.—Financial assistance may be used under subparagraph (A) for a course of flight training only if the course meets Federal Aviation Administration standards and is approved by the Federal Aviation Administration and the applicable State approving agency.
(C) USE.—Financial assistance received by a member under subparagraph (A) may be used only to defray the charges and fees imposed on the member as described in that subparagraph.
(D) CESSATION OF ELIGIBILITY.—Financial assistance may not be provided to a member under subparagraph (A) as follows:
(i) If the member ceases to meet the academic and other requirements established pursuant to paragraph (1).
(ii) If the member ceases to be a member of the Senior Reserve Officers' Training Corps or the College Student Pre-Commissioning Initiative, as applicable.
(e) Evaluation metrics.—The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot programs under subsection (a).
(1) INITIAL REPORT.—Not later than 180 days after the commencement of the pilot programs under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs. The report shall include the following:
(A) A description of each pilot program, including in the case of the pilot program under subsection (a)(2) the requirements established pursuant to subsection (d)(1).
(B) The evaluation metrics established under subsection (e).
(C) Such other matters relating to the pilot programs as the Secretary considers appropriate.
(2) ANNUAL REPORT.—Not later than 90 days after the end of each fiscal year in which the Secretary carries out the pilot programs, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:
(A) In the case of the pilot program required by subsection (a)(1), a description of the partnerships between satellite or extension Senior Reserve Officers' Training Corps units and military installations under the pilot program.
(B) In the case of the pilot program required by subsection (a)(2), the following:
(i) The number of members of Senior Reserve Officers' Training Corps units, and the number of members of Coast Guard College Student Pre-Commissioning Initiative programs, at covered institutions selected for purposes of the pilot program, including the number of such members participating in the pilot program.
(ii) The number of recipients of financial assistance provided under the pilot program, including the number who—
(I) completed a ground school course of instruction in connection with obtaining a private pilot's certificate;
(II) completed flight training, and the type of training, certificate, or both received;
(III) were selected for a pilot training slot in the Armed Forces;
(IV) initiated pilot training in the Armed Forces; or
(V) successfully completed pilot training in the Armed Forces.
(iii) The amount of financial assistance provided under the pilot program, broken out by covered institution, course of study, and such other measures as the Secretary considers appropriate.
(C) Data collected in accordance with the evaluation metrics established under subsection (e).
(3) FINAL REPORT.—Not later than 180 days prior to the completion of the pilot programs, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs. The report shall include the following:
(A) A description of the pilot programs.
(B) An assessment of the effectiveness of each pilot program.
(C) A description of the cost of each pilot program, and an estimate of the cost of making each pilot program permanent.
(D) An estimate of the cost of expanding each pilot program throughout all eligible Senior Reserve Officers' Training Corps units and College Student Pre-Commissioning Initiative programs.
(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot programs, including recommendations for extending or making permanent the authority for each pilot program.
(g) Definitions.—In this section:
(1) The term “covered institution” has the meaning given that term in section 262(g)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(2) The term “flight training” means a course of instruction toward obtaining any of the following:
(A) A private pilot’s certificate.
(B) A commercial pilot certificate.
(C) A certified flight instructor certificate.
(D) A multi-crew pilot’s license.
(E) A flight instrument rating.
(F) Any other certificate, rating, or pilot privilege the Secretary considers appropriate for purposes of this section.
(3) The term “military installation” means an installation of the Department of Defense for the regular components of the Armed Forces.
(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding how the Secretary determined whether to authorize full-time National Guard duty in response to the covered national emergency.
(b) Elements.—The report under this section shall include the following:
(1) The number of requests described in subsection (a).
(2) The number of such requests approved and the number of requests denied.
(A) the time elapsed from receipt of request to disposition of request; and
(B) whether costs (including pay and benefits for members of the National Guard) were a factor in determining whether to grant or deny the request.
(4) For each such request approved, the time elapsed from approval to when the first such member of the National Guard was placed on full-time National Guard duty in response to such request.
(5) For each such request denied, the reason for denial and how such denial was explained to the requestor.
(6) A description of how the process of review for such requests differed from previous requests for full-time National Guard duty under section 502(f) of title 32, United States Code.
(7) Recommendations of the Secretary to improve the review of such requests in order to better respond to such requests.
(c) Definitions.—In this section:
(1) The term “covered national emergency” means the national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19.
(2) The term “full-time National Guard duty” has the meaning given that term in section 101 of title 10, United States Code.
(a) Study.—The Secretary of Defense shall conduct a study that assesses—
(1) the efforts of the Department of Defense to recruit individuals to serve in the Junior Reserve Officers' Training Corps and the Senior Reserve Officers’ Training Corps over the period of 10 years preceding the date of the study;
(2) whether members of the Armed Forces who served in the Junior Reserve Officers' Training Corps are more or less likely than members who served in the Senior Reserve Officers’ Training Corps to achieve or receive recommendations for higher ranks;
(3) whether there is a correlation between race or ethnicity and the rank ultimately achieved by such members; and
(4) the feasibility of establishing a program to create a pathway for minorities into higher ranks within the military.
(b) Report.—Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committee a report on the results of the study conducted under subsection (a).
(a) In general.—The Secretary of Defense shall provide to a member of the National Guard separating from active service after serving on full-time National Guard duty pursuant to section 502(f) of title 32, United States Code, the health benefits authorized under section 1145 of title 10, United States Code, for a member of a reserve component separating from active duty, as referred to in subsection (a)(2)(B) of such section 1145, if the active service from which the member of the National Guard is separating was in support of the whole of government response to the coronavirus (COVID–19).
(b) Definitions.—In this section, the terms “active duty”, “active service”, and “full-time National Guard duty” have the meanings given those terms in section 101(d) of title 10, United States Code.
(a) In general.—The Secretary of Defense shall provide, to a member of the National Guard who performs a period of covered duty, housing for not fewer than 14 days immediately after the end of such period of covered duty.
(b) Definitions.—In this section:
(1) The term “covered duty” means full-time National Guard duty performed in response to the covered national emergency.
(2) The term “covered national emergency” means the national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19.
(3) The term “full-time National Guard duty” has the meaning given that term in section 101 of title 10, United States Code.
(a) In general.—Section 502(f) of title 32, United States Code, is amended—
(1) in paragraph (2), by adding at the end the following:
“(C) Operations or missions authorized by the President or the Secretary of Defense to support large scale, complex, catastrophic disasters, as defined by section 311(3) of title 6, United States Code, at the request of a State governor.”; and
(2) by adding at the end the following:
“(4) With respect to operations or missions described under paragraph (2)(C), there is authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out such operations and missions, but only if—
“(A) an emergency has been declared by the governor of the applicable State; and
“(B) the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.”.
(b) Report on methods To enhance domestic response to large scale, complex and catastrophic disasters.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the congressional defense, the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on their plan to establish policy and processes to implement the authority provided by the amendments made by section 520. The report shall include a detailed examination of the policy framework consistent with existing authorities, identify major statutory or policy impediments to implementation, and make recommendations for legislation as appropriate.
(2) CONTENTS.—The report submitted under paragraph (1) shall include a description of—
(A) the current policy and processes whereby governors can request activation of the National Guard under title 32, United States Code, as part of the response to large scale, complex, catastrophic disasters that are supported by the Federal Government and, if no formal process exists in policy, the Secretary of Defense shall provide a timeline and plan to establish such a policy, including consultation with the Council of Governors and the National Governors Association;
(B) the Secretary of Defense’s assessment, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding the sufficiency of current authorities for the reimbursement of National Guard and Reserve manpower during large scale, complex, catastrophic disasters under title 10 and title 32, United States Code, and specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or invoking them degrades the effectiveness of the Disaster Relief Fund;
(C) the Department of Defense’s plan to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including—
(i) a description of the disparities between benefits and protections under Federal law versus State active duty;
(ii) recommended solutions to achieve parity at the Federal level; and
(iii) recommended changes at the State level, if appropriate;
(D) the Department of Defense’s plan to ensure there is parity of benefits and protections for military members employed as part of the response to large scale, complex, catastrophic disasters under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and
(E) a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of all National Guard and Reserve, both to the Department of Defense and to the States, during large scale, complex, catastrophic disasters, including any policy and legal limitations, and cost assessment impact on Federal funding.
(a) In general.—Section 14703(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and
(2) by adding at the end the following new paragraph:
“(3) In the case of an officer in a medical specialty described in subsection (a) who was previously retired honorably or under honorable conditions beyond the date described in paragraph (1)—
“(A) if the Secretary concerned determines it necessary, the Secretary concerned may, with the consent of the officer, reinstate the officer to an active status for such period as the Secretary concerned determines appropriate; or
“(B) the officer may be transferred under section 716 of this title to another armed force and reinstated to an active status for such period as the Secretary concerned determines appropriate.”.
(1) SECTION HEADING.—The heading for section 14703 of title 10, United States Code, is amended to read as follows:
“§ 14703. Retention of chaplains and officers in medical specialties until specified age; retention, reinstatement, and transfer of officers in medical specialties beyond specified age”.
(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14703 and inserting the following new item:
“14703. Retention of chaplains and officers in medical specialties until specified age; retention, reinstatement, and transfer of officers in medical specialties beyond specified age.”.
Not later than December 31, 2021, the Secretary of Defense shall submit a report to the congressional defense committees regarding the resources and authorities the Secretary determines necessary to identify the effects of the National Guard Youth Challenge Program on graduates of that program during the 5 years immediately preceding the date of the report. Such resources shall include the costs of identifying such effects beyond the 12-month, post-residential mentoring period of that program.
Section 10219 of title 10, United States Code, is amended by striking subsection (h).
Section 688a of title 10, United States Code, is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection:
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that permit any Secretary of a military department to grant a reenlistment waiver to a covered person if the Secretary determines that the reenlistment of that covered person is vital to the national interest.
(b) Definitions.—In this section:
(1) The term “covered person” means an individual—
(A) who has been separated, discharged, dismissed, or released from the Armed Forces; and
(B) who has admitted to or been convicted by a court of competent jurisdiction of a single violation—
(i) of any law of a State or the United States relating to the use or possession of cannabis;
(ii) that constitutes a misdemeanor; and
(iii) that occurred while that individual was not performing active service.
(2) The terms “active service” and “military department” have the meanings given such terms in section 101 of title 10, United States Code.
(a) Review.—The Secretary of the Navy shall review personnel records of all participants in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 to determine whether each participant acknowledged, before entering a baccalaureate degree program, that service during the baccalaureate degree program would not be included when computing years of service for retirement.
(b) Credit.—For each participant described in subsection (a) for whom the Secretary cannot find evidence of an acknowledgment described in that subsection, the Secretary shall include service during the baccalaureate degree program when computing—
(1) years of service; and
(2) retired or retainer pay.
(c) Report required.—The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the results of the review under subsection (a) and the number of participants credited with service under subsection (b).
(d) Deadline.—The Secretary of the Navy shall carry out this section not later than 180 days after the date of the enactment of this Act.
(a) Report required.—Not later than September 30, 2021, the Secretaries of Defense and Veterans Affairs shall jointly submit to Congress a report regarding former members of the Armed Forces who—
(1) were discharged or dismissed from the Armed Forces;
(2) have applied to either Secretary for an upgrade in the characterization of discharge or dismissal; and
(3) allege in such applications that such discharges or dismissals arose from a policy of the Department of Defense regarding the sexual orientation or gender identity of a member.
(b) Elements.—The report under this section shall include the number of applications described in subsection (a) and the percentages of such applications granted and denied, disaggregated by—
(1) Armed Force;
(2) grade;
(3) race;
(4) ethnicity;
(5) gender;
(6) characterization of discharge or dismissal; and
(7) upgraded characterization of discharge or dismissal, if applicable.
(c) Publication.—The Secretaries each shall publish the report under this section on a publicly accessible website of the respective department.
Section 528 of National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 1121 note; 133 Stat.1357) is amended—
(1) in the section heading, by inserting “and benefits” after “decorations”;
(A) by inserting “and the Secretary of Veterans Affairs” after “military departments”; and
(B) by inserting “and benefits” after “decorations”;
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new subsection:
“(b) Consultation.—The Secretary of Defense shall prepare the guidelines in consultation with the Secretary of Veterans Affairs, with respect to veterans benefits under title 38, United States Code, whose eligibility determinations depend on the use of service records maintained by the Department of Defense.”.
(a) Report required.—Not later than September 1, 2021, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding bad paper issued by the Department of Defense during the 20 years preceding the date of the report.
(b) Elements.—The report shall include, with regards to members who received bad paper, the following, if known:
(1) Sex.
(2) Age.
(3) Religion.
(4) Race.
(5) Ethnicity.
(6) Tribal affiliation.
(7) Sexual orientation.
(8) Reasons for discharge or dismissal.
(9) In a case of a bad conduct or medical discharge, whether there is evidence the member suffered symptoms of sexual trauma, including—
(A) post-traumatic stress disorder;
(B) going absent without leave or on unauthorized absence;
(C) inability to complete duties or carry out orders;
(D) insubordination;
(E) substance abuse;
(F) or substance addiction;
(10) Whether the member had filed a complaint within the chain of command regarding—
(A) fraud, waste, or abuse of Federal funds;
(B) a violation of military or Federal law;
(C) a violation of the Uniform Code of Military Justice;
(D) sexual assault;
(E) sexual harassment;
(F) sexual abuse;
(G) sexual trauma; or
(H) discrimination on the basis of sex, age, religion, race, ethnicity, Tribal affiliation, or sexual orientation.
(11) Armed Force.
(12) Any other information the Inspector General determines appropriate.
(c) Interviews.—To prepare report under this section, the Inspector General may interview veterans or other former members of the Armed Forces.
(d) Bad paper defined.—In this section, “bad paper” means a discharge or dismissal from the Armed Forces characterized as—
(1) dishonorable;
(2) bad conduct; or
(3) other than honorable.
(1) IN GENERAL.—Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 916 (article 116 of the Uniform Code of Military Justice) the following new section (article):
Ҥ 916a. Art. 116a. Violent extremism
“(a) Prohibition.—Any person subject to this chapter who—
“(1) knowingly commits a covered offense against—
“(A) the Government of the United States; or
“(B) any person or class of people;
“(2) (A) with the intent to intimidate or coerce any person or class of people; or
“(B) with the intent to influence, affect, or retaliate against the policy or conduct of the Government of the United States or any State; and
“(A) to achieve political, ideological, religious, social, or economic goals; or
“(B) in the case of an act against a person or class of people, for reasons relating to the race, religion, color, ethnicity, sex, age, disability status, national origin, sexual orientation, or gender identity of the person or class of people concerned;
is guilty of violent extremism and shall be punished as a court-martial may direct.
“(b) Attempts, solicitation, and conspiracy.—Any person who attempts, solicits, or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.
“(c) Definitions.—In this section:
“(1) COVERED OFFENSE.—The term ‘covered offense’ means—
“(A) loss, damage, destruction, or wrongful disposition of military property of the United States, in violation of section 908 of this title (article 108);
“(B) waste, spoilage, or destruction of property other than military property of the United States, in violation of section 909 of this title (article 109);
“(C) communicating threats, in violation of section 915 of this title (article 115);
“(D) riot or breach of peace, in violation of section 916 of this title (article 116);
“(E) provoking speech or gestures, in violation of section 917 of this title (article 117);
“(F) murder, in violation of section 918 of this title (article 118);
“(G) manslaughter, in violation of section 919 of this title (article 119);
“(H) larceny or wrongful appropriation, in violation of section 921 of this title (article 121);
“(I) robbery, in violation of section 922 of this title (article 122);
“(J) kidnapping, in violation of section 925 of this title (article 125);
“(K) assault, in violation of section 928 of this title (article 128);
“(L) conspiracy to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 881 of this title (article 81);
“(M) solicitation to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 882 of this title (article 82); or
“(N) an attempt to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 880 of this title (article 80).
“(2) STATE.—The term ‘State’ includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 916 (article 116) the following new item:
“916a. 116a. Violent extremism.”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to offenses committed on or after such date.
Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:
“(d) Preservation of court-Martial records without regard to outcome.—The standards and criteria prescribed by the Secretary of Defense under subsection (a) shall provide for the preservation of general and special court-martial records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years.”.
Section 1044a of title 10, United States Code, is amended by adding at the end the following new subsection:
“(e) (1) A person named in subsection (b) may exercise the powers described in subsection (a) through electronic means, including under circumstances where the individual with respect to whom such person is performing the notarial act is not physically present in the same location as such person.
“(2) A determination of the authenticity of a notarial act authorized in this section shall be made without regard to whether the notarial act was performed through electronic means.
“(3) A log or journal of a notarial act authorized in this section shall be considered for evidentiary purposes without regard to whether the log or journal is in electronic form.”.
(a) Clarification regarding definition of rights and benefits.—Section 4303(2) of title 38, United States Code, is amended—
(1) by inserting “(A)” before “The term”; and
(2) by adding at the end the following new subparagraph:
“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”.
(b) Clarification regarding relation to other law and plans for agreements.—Section 4302 of such title is amended by adding at the end the following:
“(c) (1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.
“(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”.
(a) In general.—Section 305A(a)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3956) is amended—
(1) by striking “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.” and inserting “after—”; and
(2) by adding at the end the following new subparagraphs:
“(A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or
“(B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then after entering into the contract receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember from using the services provided under the contract.”.
(b) Retroactive application.—The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020.
(a) Establishment and operation of program.—Section 102(h) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(h)) is amended to read as follows:
“(h) Absentee ballot tracking program.—
“(1) REQUIRING ESTABLISHMENT AND OPERATION OF PROGRAM.—The chief State election official, in coordination with local election jurisdictions, shall establish and operate an absentee ballot tracking program described in paragraph (2) for the use of absent uniformed services voters and overseas voters.
“(A) INFORMATION ON TRANSMISSION AND RECEIPT OF ABSENTEE BALLOTS.—An absentee ballot tracking program described in this paragraph is a program under which—
“(i) the State or local election official responsible for the transmission of absentee ballots in an election for Federal office operates procedures to track and confirm the transmission of such ballots and to make information on the transmission of such a ballot available by means of online access using the Internet site of the official’s office; and
“(ii) the State or local election official responsible for the receipt of absentee ballots in an election for Federal office operates procedures to track and confirm the receipt of such ballots and (subject to subparagraph (B)) to make information on the receipt of such a ballot available by means of online access using the Internet site of the official’s office.
“(B) SPECIFIC INFORMATION ON RECEIPT OF VOTED ABSENTEE BALLOTS.—The information required to be made available under clause (ii) of subparagraph (A) with respect to the receipt of a voted absentee ballot in an election for Federal office shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. The appropriate State or local election official shall make the information described in the previous sentence available during the 30-day period that begins on the date on which the results of the election are certified, or during such earlier 30-day period as the official may provide.
“(3) USE OF TOLL-FREE TELEPHONE NUMBER BY OFFICIALS WITHOUT INTERNET SITE.—A program established and operated by a State or local election official whose office does not have an Internet site may meet the requirements of paragraph (2) if the official has established and operates a toll-free telephone number that may be used to obtain the information on the transmission or receipt of the absentee ballot which is required under such paragraph.”.
(b) Effective date.—The amendment made by subsection (a) shall apply with respect to an election held during 2022 or any succeeding year.
(a) Process required.—The Secretary of Defense shall develop and implement a process to track investigations, criminal and administrative actions, and final determinations with respect to conduct of members of the covered Armed Forces that is prohibited under Department of Defense Instruction 1325.06, titled “Handling Dissident and Protest Activities Among Members of the Armed Forces”, or any successor instruction.
(b) Elements.—The process under subsection (a) shall include the following:
(1) A mechanism that military criminal investigative organizations may use—
(A) to track criminal investigations into the prohibited conduct described in subsection (a), including a mechanism to track those investigations that are forwarded to commanders for administrative action;
(B) to provide relevant information from criminal investigations and administrative actions to civilian law enforcement agencies; and
(C) to track final administrative actions taken with respect to investigations that are referred to commanders.
(2) A mechanism commanders may use to provide information to military criminal investigative organizations on any serious conduct under consideration for administrative action or any final administrative actions taken with respect to the prohibited conduct described in subsection (a).
(3) A standardized database, shared among the covered Armed Forces, to ensure that the tracking required under subsection (a) is carried out in the same manner across such Armed Forces.
(c) Report.—Not later than December 1 of each year beginning after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the process implemented under subsection (a). Each report shall include—
(1) the number of investigations, criminal and administrative actions, and final determinations tracked over the preceding year;
(2) the number of individuals discharged from the covered Armed Forces due to activities prohibited under Department of Defense Instruction 1325.06 and a description of the circumstances that led to such discharges; and
(3) of the actions enumerated under paragraph (1), the number of instances in which information on the conduct of a member of the covered Armed Forces was referred to civilian law enforcement agencies as a result of the investigation or action.
(d) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committee on the Judiciary and the Committee on Armed Services of the Senate; and
(B) the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives.
(2) The term “covered Armed Forces” means the Army, the Navy, the Air Force, and the Marine Corps.
(a) Military-Civilian task force on domestic violence.—
(1) ESTABLISHMENT.—The Secretary of Defense shall establish a military-civilian task force on domestic violence (in this section, referred to as the “Task Force”).
(2) DUTIES.—The duties of the Task Force shall be to analyze and develop recommendations, for implementation by the Secretary, with respect to each of the following:
(A) The risk of domestic violence at various stages of military service, including identification of—
(i) stages at which there is a higher than average risk of domestic violence; and
(ii) stages at which the implementation of domestic violence prevention strategies may have the greatest preventive effect.
(B) The use and dissemination of domestic violence prevention resources throughout the stages of military service including providing new service members with training in domestic violence prevention.
(C) How to best target prevention resources to address those with a higher risk of domestic violence.
(D) The implementation of strategies to prevent domestic violence by training, educating, and assigning prevention-related responsibilities to—
(i) commanders;
(ii) medical, behavioral, and mental health service providers;
(iii) family advocacy representatives;
(iv) Military Family Life Consultants; and
(v) other individuals and entities with responsibilities that may be relevant to addressing domestic violence.
(E) The efficacy of providing survivors of domestic violence with the option to request expedited transfers, and the effects of such transfers.
(F) Improvements to procedures for reporting appropriate legal actions to the National Crime Information Center and the efficacy of such procedures.
(G) The effects of domestic violence on—
(i) housing for military families;
(ii) the education of military dependent children;
(iii) servicemember work assignments and careers; and
(iv) the health of servicemembers and their families, including short-term and long-term health effects and effects on mental health.
(H) Age-appropriate training and education programs for students attending schools operated by the Department of Defense Education Activity that are designed to assist such students in learning positive relationship behaviors in families and with intimate partners.
(I) The potential effects of requiring military protective orders to be issued by a military judge and whether such a requirement would increase the enforcement of military protective orders by civilian law enforcement agencies outside the boundaries of military installations.
(J) Whether prevention of domestic violence would be enhanced by raising the disposition authority for offenses of domestic violence to an officer who is—
(i) in the grade of 0–6 or above;
(ii) in the chain of command of the accused; and
(iii) authorized by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to convene special courts martial.
(K) How to improve access to resources for survivors of domestic violence throughout the stages of military service.
(L) Consideration of any other matters that the Task Force determines to be relevant to—
(i) decreasing the frequency of domestic violence committed by or upon members of the covered Armed Forces and their dependents; and
(ii) reducing the severity of such violence.
(3) MEMBERSHIP.—The Task Force shall be composed of the following members:
(A) One or more representatives of family advocacy programs of the Department of Defense.
(B) One or more representatives of the Defense Advisory Committee on Women in the Services.
(C) One or more medical personnel of the Department of Defense.
(D) One or more Judge Advocates General.
(E) One or more military police or other law enforcement personnel of the covered Armed Forces.
(F) One or more military commanders.
(G) One or more individuals whose duties include planning, executing, and evaluating training of the covered Armed Forces.
(H) Civilians who are experts on domestic violence or who provide services relating to domestic violence, including—
(i) not fewer than two representatives from the national domestic violence resource center and the special issue resource centers referred to in section 310 of the Family Violence Prevention and Services Act (42 U.S.C. 10410);
(ii) not fewer than two representatives from national domestic violence organizations;
(iii) not fewer than two representatives from State domestic violence and sexual assault coalitions; and
(iv) not fewer than two domestic violence service providers who provide services in communities located near military installations.
(I) One or more representatives who are subject matter experts on—
(i) scientific and other research relating to domestic violence; and
(ii) science-based strategies for the prevention, intervention, and response to domestic violence.
(J) Civilian law enforcement personnel.
(K) One or more representatives from the Office on Violence Against Women of the Department of Justice.
(L) One or more representatives of the Family Violence Prevention and Services Program of the Department of Health and Human Services.
(M) One or more representatives from the Centers for Disease Control and Prevention.
(4) APPOINTMENT BY SECRETARY OF DEFENSE.—
(A) IN GENERAL.—The Secretary of Defense shall appoint the members of the Task Force specified in subparagraphs (A) through (M) of paragraph (3).
(i) CONSULTATION WITH ATTORNEY GENERAL.—In appointing members under subparagraph (K) of paragraph 3, the Secretary of Defense shall consult with the Attorney General.
(ii) CONSULTATION WITH SECRETARY OF HHS.—In appointing members under subparagraphs (L) and (M) of such paragraph, the Secretary shall consult with the Secretary of Health and Human Services.
(C) INCLUSION OF CERTAIN PERSONNEL.—The Secretary shall ensure that the members appointed by the Secretary under this subparagraph include—
(i) representatives of the Office of the Secretary of Defense;
(ii) general and flag officers;
(iii) noncommissioned officers; and
(iv) other enlisted personnel of the covered Armed Forces.
(5) TOTAL NUMBER OF MEMBERS.—The total number of members appointed to the Task Force shall be not more than 25.
(A) NOMINEE LIST.—On an annual basis, the Task Force shall submit to the Secretary a list of members of the Task Force who may be considered for the position of chairperson of the Task Force.
(B) SELECTION.—From the list submitted to the Secretary under subparagraph (A) for each year, the Secretary of Defense shall designate one member of the Task Force to serve as the chairperson of the Task Force.
(C) TERM.—The chairperson designated by the Secretary under subparagraph (B) shall serve for a term of 1 year and may serve for additional terms of 1 year if redesignated as the chairperson by the Secretary under such subparagraph.
(7) MEETINGS.—The first meeting of the Task Force shall convene not later than 180 days after the date of the enactment of this Act. Thereafter, the task Force shall meet in plenary session not less frequently than once annually.
(8) COMPENSATION AND TRAVEL EXPENSES.—Each member of the Task Force shall serve without compensation (other than the compensation to which such member may be entitled as a member of the covered Armed Forces or an officer or employee of the United States, as the case may be), but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular places of business in the performance of services for the Task Force.
(9) SITE VISITS.—In the carrying out the duties described in paragraph (2), members of the Task Force shall—
(A) on an annual basis, visit one or more military installations outside the United States; and
(B) on a semiannual basis, visit one or more military installations within the United States.
(10) OVERSIGHT AND ADMINISTRATION.—The Secretary of Defense shall designate an appropriate organization within the Office of the Secretary of Defense to—
(A) provide oversight of the Task Force;
(B) provide the Task Force with the personnel, facilities, and other administrative support that is necessary for the performance of the Task Force’s duties; and
(C) on a rotating basis, direct the Secretary of each military department to—
(i) coordinate visits of the Task Force to military installations; and
(ii) provide administrative, logistical, and other support for the meetings of the Task Force.
(i) INITIAL REPORT.—Not later than 1 year after the date on which the members of the Task Force are appointed under paragraph (3), the Task Force shall submit to the Secretary of Defense recommendations with respect to each matter described in paragraph (2).
(ii) SUBSEQUENT REPORTS.—After submitting the initial report under subparagraph (A), the Task Force shall, from time to time, submit to the Secretary of Defense such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence.
(B) REPORTS TO CONGRESS.—On an annual basis until the date on which the Task Force terminates under paragraph (12), the Task Force shall submit to Congress a report that includes—
(i) a description of any improvements in the response of the covered Armed Forces to domestic violence over the preceding year;
(ii) an explanation of any pending research on domestic violence that may be relevant to domestic violence involving members of the covered Armed Forces; and
(iii) such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence.
(A) IN GENERAL.—Except as provided in subparagraph (B), the Task Force shall terminate on the date that is 5 years after the date of the first meeting of the Task Force.
(i) IN GENERAL.—Subject to clause (ii), the Secretary of Defense may continue the Task Force for a period of up to 2 years after the termination date applicable under subparagraph (A) if the Secretary determines that continuation of the Task Force is advisable and appropriate.
(ii) NOTICE TO CONGRESS.—If the Secretary determines to continue the Task Force under clause (i), not later than 90 days before the termination date applicable under subparagraph (A) and annually thereafter until the new date of the termination of the Task Force, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice describing the reasons for the continuation and confirming the new termination date.
(13) IMPLEMENTATION OF RECOMMENDATIONS.—
(A) IN GENERAL.—Except as provided in subparagraph (B), not later than 180 days after the date on which the Secretary of Defense receives the initial report of the Task Force under paragraph (11)(A)(i), the Secretary shall, in consultation with the Task Force, implement the recommendations of the Task Force with respect to each matter described in paragraph (2).
(B) WAIVER.—The Secretary of Defense may waive the requirement under subparagraph (A) with respect to a recommendation of the Task force by submitting to the Committees on Armed Services of the Senate and the House of Representatives a written notification setting forth the reasons for the Secretary’s decision not to implement the recommendation.
(b) Information collection and reporting.—
(A) REGULAR INFORMATION COLLECTION.—Using the mechanism developed under subparagraph (B), the Secretary of Defense shall regularly collect information to measure the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members.
(B) MECHANISM TO MEASURE DOMESTIC VIOLENCE.—The Secretary of Defense, in coordination with the Centers for Disease Control and civilian organizations with expertise in conducting informational surveys, shall develop a mechanism to carry out the information collection required under subparagraph (A).
(2) ANNUAL REPORT ON DOMESTIC VIOLENCE.—
(A) REPORT REQUIRED.—On an annual basis, the Secretary of Defense shall submit to the congressional defense committees a report on domestic violence in the covered Armed Forces.
(B) ELEMENTS.—The report required under subparagraph (A) shall include, with respect to the year covered by the report, the following:
(i) Based on the information collected under paragraph (1), an assessment of the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members.
(ii) The number of convictions under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice).
(iii) The recidivism rate for members of the covered Armed Forces convicted of domestic violence offenses.
(iv) The number instances in which a member of the covered Armed Forces received an administrative discharge as a result of the member’s involvement in a domestic violence incident.
(v) The number of instances in which a member of the covered Armed Forces was prohibited from possessing firearms as a result of the member’s conviction for a domestic violence offense.
(vi) Of the incidents described in clause (v), the number of instances in which the member received a waiver of such prohibition or was otherwise allowed to access firearms for duty purposes.
(vii) An explanation of the status of data sharing between the Department of Defense and civilian law enforcement agencies on matters relating to domestic violence.
(c) Covered Armed Forces defined.—In this section, the term “covered Armed Forces” means the Army, the Navy, the Air Force, and the Marine Corps.
(a) In general.—Consistent with the recommendations of the Government Accountability Office in the report titled “Increased Guidance and Collaboration Needed to Improve DOD's Tracking and Response to Child Abuse” (GAO–20–110), the Secretary of Defense shall carry out activities to improve the ability of the Department of Defense to effectively prevent, track, and respond to military-connected child abuse.
(b) Activities required.—The activities carried out under subsection (a) shall include the following:
(1) The Secretary of Defense shall expand the scope of the Department of Defense’s centralized database on problematic sexual behavior in children and youth to track information on all incidents involving child abuse reported to a Family Advocacy Program or investigated by a military law enforcement organization, regardless of whether the perpetrator of the abuse is another child, an adult, or a person in a noncaregiving role at the time of the incident.
(2) The Secretary of Defense, in consultation with the Secretary of each military department, shall ensure—
(A) that each Family Advocacy Program records, in a database of the Program, the date on which the Program notified a military law enforcement organization of a reported incident of child abuse; and
(B) that each military law enforcement organization records, in a database of the organization, the date on which the organization notified a Family Advocacy Program of a reported incident of child abuse.
(3) The Secretary of Defense, in consultation with the Secretary of each military department, shall issue guidance that clarifies the process through which the Family Advocacy Program of a covered Armed Force will receive, and incorporate into the Program’s central registry, information regarding child abuse allegations involving members of that a covered Armed Force and dependents of such members in cases in which such allegations were previously recorded by the Family Advocacy Program of another covered Armed Force. Such guidance shall include a mechanism for monitoring the process to ensure that the process is carried out consistently.
(4) Each covered Armed Force shall develop a process to monitor how reported incidents of child abuse are screened at military installations to help ensure that all reported child abuse incidents that should be presented to an Incident Determination Committee are consistently presented and tracked.
(5) The Secretary of Defense shall ensure that the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of the Department of Defense Education Activity, clarifies Department of Defense Education Activity guidance to define what types of child abuse incidents must be reported as serious incidents to help ensure that all serious incidents of which Department of Defense Education Activity leadership needs to be informed are accurately and consistently reported by school administrators.
(6) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—
(A) expand the voting membership of each Incident Determination Committee to include medical personnel with requisite knowledge and experience; and
(B) ensure, to the extent practicable, that voting membership of a Committee includes medical personnel with expertise in pediatric medicine in cases in which a reported incident of child abuse is under review by the Committee.
(7) Each covered Armed Force shall implement procedures to provide the families of child abuse victims with comprehensive information on how reported incidents of child abuse will be addressed. Such practices may include the development of a guide that—
(A) explains the processes the Family Advocacy Program and military law enforcement organizations will follow to address the report; and
(B) identifies services and other resources available to victims and their families.
(8) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance to clarify the circumstances under which military commanders may exercise the authority to remove a child from a potentially unsafe home on a military installation outside the United States.
(9) The Secretary of Defense shall ensure that the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of the Defense Health Agency, establishes processes that help ensure children who are sexually abused outside the United States have timely access to a certified pediatric sexual assault forensic examiner to conduct an examination. Such processes may include certifying pediatricians, or adult sexual assault forensic examiners who have pediatric sexual assault nurse examiner training in a multidisciplinary team setting, as pediatric examiners during mandatory training or establishing shared regional assets.
(10) The Secretary of Defense, in consultation with the Deputy Attorney General, shall establish procedures for military criminal investigative organizations to communicate with United States Attorneys, State Attorneys General, and local prosecutors for relevant cases involving child victims, including establishing protocols that—
(A) ensure that military investigators are notified when a prosecution is declined;
(B) provide notice to victims of the status of prosecutions and, as applicable, the reasons for the declination to prosecute;
(C) arrange for specialized victim services outside of the Department of Defense to be provided to juvenile victims to the extent possible;
(D) facilitate legal assistance or other civil legal aid services to juvenile victims; and
(E) ensure that juveniles accused of crimes are, to the extent possible, provided defense counsel who are trained in representing juveniles.
(11) The Secretary of each military department shall seek to develop a memorandum of understanding with the National Children's Alliance that makes children's advocacy center services and protocols available to all military installations of the department and increases awareness of those services across the department.
(c) Deadline.—The Secretary of Defense shall carry out the activities described in subsection (b) not later than 1 year after the date of the enactment of this Act.
(d) Definitions.—In this section:
(1) The term “child abuse ” means any abuse of a child (including physical abuse, sexual abuse, emotional abuse, and neglect) regardless of whether the perpetrator of the abuse is another child, an adult, or a person in a noncaregiving role.
(2) The term “covered Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Space Force.
(3) The term “Incident Determination Committee” means a committee established at a military installation that is responsible for reviewing reported incidents of child abuse and determining whether such incidents constitute child abuse according to the applicable criteria of the Department of Defense.
(4) The term “military-connected”, when used with respect to child abuse, means child abuse occurring on a military installation or involving a dependent of a member of the covered Armed Forces.
(a) Guidance required.—The Secretary of Defense shall issue guidance that requires each suicide event involving of a member of a covered Armed Force to be reviewed by a multidisciplinary board established at the command or installation level. Such guidance shall require that, for each suicide event reviewed by such a board, the board will—
(1) clearly define the objective, purpose, and outcome of the review;
(2) take a multidisciplinary appraoch to the review and include, as part of the review process, leaders of military units, medical and mental health professionals, and representatives of military criminal investigative organizations;
(3) obtain the data necessary to make a comprehensive Department of Defense suicide event report submission; and
(4) take appropriate steps to protect and share information obtained from ongoing investigations into the event (such as medical and law enforcement reports).
(b) Implementation by covered Armed Forces.—Not later than 90 days after the date on which the guidance is issued under subsection (a), the chiefs of the covered Armed Forces shall implement the guidance.
(c) Progress report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in implementing the guidance required under subsection (a).
(d) Covered Armed Forces defined.—In this section, the term “covered Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Space Force.
(a) In general.—Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. 3912) is amended by adding at the end the following new subsection:
“(d) Written consent required for arbitration.—Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.”.
(b) Applicability.—Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.
(a) In general.—Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended—
(1) in the second sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “to which it applies”; and
(2) in the third sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “period of military service”.
(b) Applicability.—The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act.
Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended—
(1) in the matter preceding paragraph (1), by inserting “, notwithstanding any previous agreement to the contrary,” after “may”; and
(2) in paragraph (3), by striking “, notwithstanding any previous agreement to the contrary”.
(a) In general.—A spouse of a member of the Armed Forces may not be removed from the United States until the Secretary concerned certifies to the congressional defense committees that—
(1) the Secretary concerned has determined that such removal shall not negatively affect the morale, welfare, or well-being of that member;
(2) the Secretary concerned has reviewed all information, including extenuating circumstances, relating to such removal; and
(3) the Secretary concerned has assisted the member and spouse to the greatest extent practicable.
(b) Secretary concerned defined.—In this section, the term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Code.
(a) Catastrophic injuries and illnesses.—Paragraph (4) of section 305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as added by section 545 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended to read as follows:
“(4) CATASTROPHIC INJURY OR ILLNESS OF LESSEE.—
“(A) TERMINATION.—If the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service or while performing covered service, during the one-year period beginning on the date on which the lessee incurs such injury or illness—
“(i) the lessee may terminate the lease; or
“(ii) in the case of a lessee who lacks the mental capacity to contract or to manage his or her own affairs (including disbursement of funds without limitation) due to such injury or illness, the spouse or dependent of the lessee may terminate the lease.
“(B) DEFINITIONS.—In this paragraph:
“(i) The term ‘catastrophic injury or illness’ has the meaning given that term in section 439(g) of title 37, United States Code.
“(ii) The term ‘covered service’ means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”.
(b) Deaths.—Paragraph (3) of such section is amended by striking “The spouse of the lessee” and inserting “The spouse or dependent of the lessee”.
Section 101(b) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911(b)) is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following new paragraph (2):
“(2) DEPARTMENT OF DEFENSE.—Not later than 3 business days after the final disposition of a judicial proceeding conducted within the Department of Defense, the Secretary of Defense shall make available to the Attorney General records which are relevant to a determination of whether a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, for use in background checks performed by the National Instant Criminal Background Check System.”.
Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice) is amended by adding at the end the following new subsection:
“(g) No individual may provide a briefing concerning a potential or pending court-martial to a member of the armed forces who may be selected to serve on the court-martial.”.
Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3956(a)) is amended by adding at the end the following new paragraph:
“(4) ADDITIONAL INDIVIDUALS COVERED.—For purposes of this section, the following individuals shall be treated as a servicemember covered by paragraph (1):
“(A) A spouse or dependent of a servicemember who dies while in military service or a spouse or dependent of a member of the reserve components who dies while performing duty described in subparagraph (C).
“(B) A spouse or dependent of a servicemember who incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the servicemember incurs the catastrophic injury or illness while performing duty described in subparagraph (C).
“(C) A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”.
(a) In general.—Not later than 180 days after the enactment of this Act, the Secretary of Defense shall deliver a report to the Committees on Armed Services of the Senate and House of Representatives regarding the efficacy of using point of collection testing (in this section referred to as “POCT”) devices to modernize the drug demand reduction program (in this section referred to as “DDRP”) random urinalysis testing.
(b) Evaluation criteria.—The report shall include the following:
(1) The extent to which use of POCT devices streamline current urinalysis testing processes and communications, while maintaining specimen chain of custody for use in associated administrative and military justice activities if needed.
(2) An assessment of the effectiveness of the POCT devices for DDRP random urinalysis testing while ensuring specimen chain of custody.
(3) A 10-year projection and assessment of the cost savings associated with the use of POCT devices in the DDRP random urinalysis testing.
(4) The methodology for calculating the 10-year cost projection.
(5) An assessment of any other suggested changes to modernize the DDRP program.
(6) A summary of any programmatic or logistical barriers to effectively carrying out the use of POCT devices in the DDRP testing.
(a) Qualifications of certain judges.—Section 866(a) of title 10, United States Code (article 66(a) of the Uniform Code of Military Justice), is amended—
(1) by striking “Each Judge” and inserting:
“(1) IN GENERAL.—Each Judge”; and
(2) by adding at the end the following new paragraph:
“(2) ADDITIONAL QUALIFICATIONS.—In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law before such assignment.”.
(b) Standard of review.—Paragraph (1) of section 866(d) of title 10, United States Code (article 66(d) of the Uniform Code of Military Justice), is amended to read as follows:
“(1) CASES APPEALED BY ACCUSED.—
“(A) IN GENERAL.—In any case before the Court of Criminal Appeals under subsection (b), the Court may act only with respect to the findings and sentence as entered into the record under section 860c of this title (article 60c). The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds correct in law, and in fact in accordance with subparagraph (B), and determines, on the basis of the entire record, should be approved.
“(B) FACTUAL SUFFICIENCY REVIEW.—
“(i) In an appeal of a finding of guilty or sentence under paragraph (1)(A), (1)(B), or (2) of subsection (b), the Court may consider whether the finding is correct in fact upon request of the accused if the accused makes a specific showing of a deficiency in proof.
“(ii) After an accused has made such a showing, the Court may weigh the evidence and determine controverted questions of fact subject to—
“(I) appropriate deference to the fact that the trial court saw and heard the witnesses and other evidence; and
“(II) appropriate deference to findings of fact entered into the record by the military judge.
“(iii) If, as a result of the review conducted under clause (ii), the Court is clearly convinced that the finding of guilty or sentence was against the weight of the evidence, the Court may dismiss or set aside the finding, or affirm a lesser finding.
“(C) REVIEW BY FULL COURT.—Any determination by the Court that a finding was clearly against the weight of the evidence under subparagraph (B) shall be reviewed by the Court sitting as a whole.”.
(c) Inclusion of additional information in annual reports.—Section 946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the Uniform Code of Military Justice), is amended—
(1) in subparagraph (B), by striking “and” at the end;
(2) in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new subparagraph:
“(D) An analysis of each case in which a Court of Criminal Appeals made a final determination that a finding of a court-martial was clearly against the weight of the evidence, including an explanation of the standard of appellate review applied in such case.”.
Section 806b(a)(2) of title 10, United States Code (article 6b(a)(2)) of the Uniform Code of Military Justice), is amended—
(1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new subparagraph (D):
(a) Special Victims' Counsel.—Subsection (c) of section 1044e of title 10, United States Code, is amended to read as follows:
“(1) ATTORNEY-CLIENT RELATIONSHIP.—The relationship between a Special Victims' Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client.
“(2) TESTIMONY IN LEGAL PROCEEDINGS.—During any criminal legal proceeding in which a Special Victims’ Counsel is asked to testify or give evidence, the Special Victims’ Counsel shall be given the same consideration as counsel for the Government and counsel for the accused.”.
(b) Revision to Military Rules of Evidence.—Not later than 180 days after the date of the enactment of this Act, Rule 502 of the Military Rules of Evidence shall be modified to provide that the privilege between a Special Victims’ Counsel and a client shall be the same as lawyer-client privilege.
(a) Judge-Issued military court protective orders.—Chapter 80 of title 10, United Stated Code, is amended by adding at the end the following new section:
Ҥ 1567b. Authority of military judges and military magistrates to issue military court protective orders
“(a) Authority To issue military court protective orders.—The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a ‘military court protective order’. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.
“(b) Enforcement by civilian authorities.—
“(1) IN GENERAL.—In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.
“(2) FULL FAITH AND CREDIT.—Any military court protective order, should be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.
“(3) RECIPROCITY AGREEMENTS.—Consistent with paragraphs (1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which—
“(A) such authorities agree to enforce military court protective orders; and
“(B) the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.
“(c) Purpose and form of issuance.—A military court protective order may be issued for the purpose of protecting a victim of an alleged sex or domestic violence offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense.
“(d) Timing and manner of issuance.—A military court protective order may be issued—
“(1) by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of—
“(A) a victim of an alleged sex or domestic violence offense; or
“(B) a Special Victims’ Counsel or other qualified counsel acting on behalf of the victim; or
“(2) by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims’ Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.
“(e) Duration and renewal of protective order.—
“(1) DURATION.—A military court protective order shall be issued for an initial period of thirty days and may be reissued for one or more additional periods of 30 days in accordance with paragraph (2).
“(2) EXPIRATION AND RENEWAL.—Before the expiration of any 30-day period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of 30 days.
“(3) NOTICE TO PROTECTED PERSONS.—If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall provide to each person protected by the order reasonable, timely, and accurate notification of the termination.
“(f) Review of magistrate-Issued orders.—
“(1) REVIEW.—A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.
“(2) STANDARDS OF REVIEW.—A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that—
“(A) the military magistrate’s decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or
“(B) information not presented to the military magistrate establishes that the military court protective order should be terminated.
“(1) PROTECTION OF DUE PROCESS.—Except as provided in paragraph (2), a protective order authorized under subsection (a) may be issued only after reasonable notice and opportunity to be heard, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person's right to due process.
“(2) EMERGENCY ORDERS.—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard must be provided within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.
“(h) Rights of victim.—The victim of an alleged sex or domestic violence offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:
“(1) The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.
“(2) The right to be reasonably heard at the proceeding.
“(3) The right to appear in person, with or without counsel, at the proceeding.
“(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims’ Counsel.
“(5) The reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding, as applicable.
“(6) The right to submit a written statement, directly or through counsel, for consideration by the military judge or military magistrate presiding over the proceeding.
“(i) Restrictions on access to firearms.—
“(1) IN GENERAL.—Notwithstanding any other provision of law—
“(A) a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and
“(B) a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18.
“(2) NOTICE TO ATTORNEY GENERAL.—Not later than 72 hours after the issuance of an order described in paragraph (1), the Secretary of Defense shall submit to the Attorney General a record of the order.
“(j) Treatment as lawful order.—A military court protective order shall be treated as a lawful order for purposes of the application of section 892 (article 92) and a violation of such an order shall be punishable under such section (article).
“(1) INCLUSION IN PERSONNEL FILE.—Any military court protective order against a member shall be placed and retained in the military personnel file of the member.
“(2) NOTICE TO CIVILIAN LAW ENFORCEMENT OF ISSUANCE.—Any military court protective order against a member shall be treated as a military protective order for purposes of section 1567a including for purposes of mandatory notification of issuance to civilian law enforcement as required by that section.
“(l) Relationship to other authorities.—Nothing in this section may be construed as prohibiting—
“(1) a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order to or against members of the officer’s command;
“(2) pretrial restraint in accordance with Rule for Courts-Martial 304 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule); or
“(3) pretrial confinement in accordance with Rule for Courts-Martial 305 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule).
“(m) Delivery to certain persons.—A physical and electronic copy of any military court protective order shall be provided, as soon as practicable after issuance, to the following:
“(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.
“(2) The person subject to the protective order.
“(3) To such commanding officer in the chain of command of the person subject to the protective order as the President shall prescribe for purposes of this section.
“(n) Definitions.—In this section:
“(1) CONTACT.—The term ‘contact’ includes contact in person or through a third party, or through gifts.
“(2) COMMUNICATION.—The term ‘communication’ includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.
“(3) COVERED SEX OR DOMESTIC VIOLENCE OFFENSE.—The term ‘covered sex or domestic violence offense’ means—
“(A) an alleged sex-related offense (as defined in section 1044e(h)); or
“(B) an alleged offense of domestic violence under section 928b of this title (article 128b of the Uniform Code of Military Justice) or an attempt to commit such an offense that is punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
“(4) MILITARY JUDGE AND MILITARY MAGISTRATE.—The terms ‘military judge’ and ‘military magistrate’ mean a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge or magistrate by the Judge Advocate General of the armed force of which the officer is a member.
“(5) PROTECTIVE ORDER.—The term ‘protective order’ means an order that—
“(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with a victim of an alleged sex or domestic violence offense, or a family member or associate of the victim, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person;
“(B) by its terms, explicitly prohibits—
“(i) the use, attempted use, or threatened use of physical force by the person against a victim of an alleged sex or domestic violence offense, or a family member or associate of the victim, that would reasonably be expected to cause bodily injury;
“(ii) the initiation by the person restrained of any contact or communication with such other person; or
“(iii) actions described by both clauses (i) and (ii).
“(6) SPECIAL VICTIMS’ COUNSEL.—The term ‘Special Victims Counsel’ means a Special Victims’ Counsel described in section 1044e and includes a Victims’ Legal Counsel of the Navy.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“1567b. Authority of military judges and military magistrates to issue military court protective orders.”.
(c) Implementation.—The President shall prescribe regulations implementing section 1567b of title 10, United States Code, not later than 1 year after the date of the enactment of this Act.
Section 550B(c)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by redesignating subparagraph (C) as subparagraph (E); and
(2) by inserting after subparagraph (B) the following new subparagraphs:
Section 547 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 1561 note) is amended—
(i) by striking “accused of” and inserting “suspected of”; and
(ii) by striking “assault” and inserting “offense”;
(B) in paragraph (2), by striking “accused of” and inserting “suspected of”; and
(i) by striking “assaults” and inserting “offenses”; and
(ii) by striking “an accusation” and inserting “suspicion of”;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (b) the following new subsection:
“(b) Guidance required.—The Secretary of Defense shall issue guidance to ensure the uniformity of the data collected by each Armed Force for purposes of subsection (a). At a minimum, such guidance shall establish—
“(1) standardized methods for the collection of the data required to be reported under such subsection; and
“(2) standardized definitions for the terms ‘sexual offense’, ‘collateral miconduct’, and ‘adverse action’.”; and
(4) by amending subsection (c), as so redesignated, to read as follows:
“(c) Definitions.—In this section:
“(1) The term ‘covered individual’ means an individual who is identified in the case files of a military criminal investigative organization as a victim of a sexual offense that occurred while that individual was serving on active duty as a member of the Armed Forces.
“(2) The term ‘suspected of’, when used with respect to a covered individual suspected of collateral misconduct or crimes as described in subsection (a), means that an investigation by a military criminal investigative organization reveals facts and circumstances that would lead a reasonable person to believe that the individual committed an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”.
(a) Submission to Congress.—Section 1631(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by inserting “and the Committees on Veterans’ Affairs of the Senate and the House of Representatives” after “House of Representatives”.
(b) Applicability.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to reports required to be submitted under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) on or after such date.
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Secretaries of Defense and Veterans Affairs shall jointly develop, implement, and maintain a standard of coordinated care for members of the Armed Forces who are survivors of sexual trauma. Such standard shall include the following:
(b) Minimum elements.—The standard developed and implemented under subsection (a) by the Secretaries of Defense and Veterans Affairs shall include the following:
(1) INFORMATION FOR MEMBERS OF THE ARMED FORCES.—The Secretary of Defense shall ensure that—
(A) Sexual Assault Response Coordinators and Uniformed Victim Advocates receive annual training on resources of the Department of Veterans Affairs regarding sexual trauma;
(B) information regarding services furnished by the Secretary of Veterans Affairs to survivors of sexual trauma is provided to each such survivor; and
(C) information described in subparagraph (B) is posted in the following areas in each facility of the Department of Defense:
(i) An office of the Family Advocacy Program.
(ii) An office of a mental health care provider.
(iii) Each area in which sexual assault prevention staff normally post notices or information.
(iv) High-traffic areas (including dining facilities).
(2) COORDINATION BETWEEN STAFF OF THE DEPARTMENTS.—The Secretaries shall ensure that a Sexual Assault Response Coordinator or Uniformed Victim Advocate of the Department of Defense who receives a report of an instance of sexual trauma connects the survivor to the Military Sexual Trauma Coordinator of the Department of Veterans Affairs at the facility of that Department nearest to the residence of that survivor if that survivor is a member separating or retiring from the Armed Forces.
(1) REPORT ON RESIDENTIAL TREATMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretaries of Defense and Veterans Affairs shall provide a report to the appropriate committees of Congress regarding the availability of residential treatment programs for survivors of sexual trauma, including—
(A) barriers to access for such programs; and
(B) resources required to reduce such barriers.
(2) INITIAL REPORT.—Upon implementation of the standard under subsection (a), the Secretaries of Defense and Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the standard.
(3) PROGRESS REPORTS.—Not later than 180 days after submitting the initial report under paragraph (2), and on December 1 of each subsequent year, the Secretaries of Defense and Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the progress of the Secretaries in implementing and improving the standard.
(4) UPDATES.—Whenever the Secretaries of Defense and Veterans Affairs update the standard developed under subsection (a), the Secretaries shall jointly submit to the appropriate committees of Congress a report on such update, including a comprehensive and detailed description of such update and the reasons for such update.
(d) Definitions.—In this section:
(1) The term “sexual trauma” means psychological trauma described in section 1720D(a)(1) of title 38, United States Code.
(2) The term “appropriate committees of Congress” means—
(A) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and
(B) the Committees on Armed Services of the House of Representatives and the Senate.
(a) In general.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations a policy under which a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and a cadet or midshipman who is the alleged perpetrator of such assault shall, to the extent practicable, each be given the opportunity to complete their course of study at the academy without—
(1) taking classes together; or
(2) otherwise being in close proximity to each other during mandatory activities.
(b) Elements.—The Secretary of Defense shall ensure that the policy developed under subsection (a)—
(1) protects the alleged victim as necessary, including by prohibiting retaliatory harassment;
(2) allows both the victim and the accused to complete their course of study at the institution with minimal disruption;
(3) protects the privacy of both the victim and the accused by ensuring that information about the alleged sexual assault and the individuals involved is not revealed to third parties who are not specifically authorized to receive such information in the course of performing their regular duties, except that such policy shall not preclude the alleged victim or the alleged perpetrator from making such disclosures to third parties; and
(4) minimizes the burden on the alleged victim when taking steps to separate the alleged victim and alleged perpetrator.
(c) Special rule.—The policy developed under subsection (a) shall not preclude a military service academy from taking other administrative or disciplinary action when appropriate.
(d) Military service academy defined.—In this section, the term “military service academy” means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(a) In general.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe in regulations a safe-to-report policy described in subsection (b) that applies with respect to all members of the covered Armed Forces (including members of the reserve components of the covered Armed Forces) and cadets and midshipmen at the military service academies.
(b) Safe-To-Report policy.—The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor collateral misconduct involving a member of the covered Armed Forces who is the alleged victim of sexual assault.
(c) Aggravating circumstances.—The regulations under subsection (a) shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and discipline for purposes of the safe-to-report policy.
(d) Tracking of collateral misconduct incidents.—In conjunction with the issuance of regulations under subsection (a), Secretary shall develop and implement a process to track incidents of minor collateral misconduct that are subject to the safe-to-report policy.
(e) Definitions.—In this section:
(1) The term “covered Armed Forces” has the meaning given the term “armed forces” in section 101(a)(4) of title 10, United States Code, except such term does not include the Coast Guard.
(2) The term “military service academy” means the following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(3) The term “minor collateral misconduct” means any minor misconduct that is potentially punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that—
(A) is committed close in time to or during the sexual assault, and directly related to the incident that formed the basis of the sexual assault allegation;
(B) is discovered as a direct result of the report of sexual assault or the ensuing investigation into the sexual assault; and
(C) does not involve aggravating circumstances (as specified in the regulations prescribed under subsection (c)) that increase the gravity of the minor misconduct or its impact on good order and discipline.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall include in the covered surveys a question regarding whether a member of an Armed Force under the jurisdiction of the Secretary of a military department would be more willing to report a sexual assault if prosecution decisions were made by lawyers and not commanders.
(b) Covered surveys defined.—In this section, the term “covered surveys” means the workplace and gender relations surveys and focus groups administered by the Office of People Analytics of the Department of Defense, including—
(1) the Workplace and Gender Relations Survey of Active Duty Members;
(2) the Workplace and Gender Relations Survey of Reserve Component Members;
(3) the Military Service Gender Relations Focus Group; and
(4) any successor survey or focus group.
(a) Pilot program.—Beginning not later than January 1, 2021, the Secretary of Defense shall carry out a pilot program (referred to in this Act as the “Pilot Program”) under which the Secretary shall establish, in accordance with this section, an independent authority to—
(1) review each covered special victim offense; and
(2) determine whether such offense shall be referred to trial by an appropriate court-martial convening authority.
(b) Office of the Chief Prosecutor.—
(1) ESTABLISHMENT.—As part of the Pilot Program, the Secretary shall establish, within the Office of the Secretary of Defense, an Office of the Chief Prosecutor.
(2) HEAD OF OFFICE.—The head of the Office shall be known as the Chief Prosecutor. The Secretary shall appoint as the Chief Prosecutor a commissioned officer in the grade of O–7 or above who—
(A) has significant experience prosecuting sexual assault trials by court-martial; and
(B) is outside the chain of command of any cadet or midshipman described in subsection (f)(2).
(3) RESPONSIBILITIES.—The Chief Prosecutor shall exercise the authorities described in subsection (c) but only with respect to covered special victim offenses.
(4) SPECIAL RULE.—Notwithstanding any other provision of law, the military service from which the Chief Prosecutor is appointed is authorized an additional billet for a general officer or a flag officer for each year in the 2-year period beginning with the year in which the appointment is made.
(5) TERMINATION.—The Office of the Chief Prosecutor shall terminate on the date on which the Pilot Program terminates under subsection (e).
(c) Referral to Office of the Chief Prosecutor.—
(A) NOTICE AND INFORMATION.—A military criminal investigative organization that receives an allegation of a covered special victim offense shall provide to the Chief Prosecutor and the commander of the military service academy concerned—
(i) timely notice of such allegation; and
(ii) any information and evidence obtained as the result a subsequent investigation into the allegation.
(B) TRIAL COUNSEL.—A trial counsel assigned to a case involving a covered special victim offense shall, during the investigative phase of such case, provide the Chief Prosecutor with the information necessary to enable the Chief Prosecutor to make the determination required under paragraph (3).
(2) REFERRAL TO CHIEF PROSECUTOR.—In the case of a charge relating to a covered special victim offense, in addition to referring the charge to the staff judge advocate under subsection (a) or (b) of section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), the convening authority of the Armed Force of which the accused is a member shall refer, as soon as reasonably practicable, the charge to the Chief Prosecutor to make the determination required by paragraph (3).
(3) PROSECUTORIAL DETERMINATION.—The Chief Prosecutor shall make a determination regarding whether a charge relating to a covered special victim offense shall be referred to trial. If the Chief Prosecutor makes a determination that the charge shall be tried by court-martial, the Chief Prosecutor also shall determine whether the charge shall be tried by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice) or a special court-martial convened under section 823 of such title (article 23 of the Uniform Code of Military Justice). The determination of whether to try a charge relating to a covered special victim offense by court-martial shall include a determination of whether to try any known offenses, including any lesser included offenses.
(4) EFFECT OF DETERMINATION AND APPEALS PROCESS.—
(A) DETERMINATION TO PROCEED TO TRIAL.—Subject to subparagraph (C), a determination to try a charge relating to a covered special victim offense by court-martial under paragraph (3), and the determination as to the type of court-martial, shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) for a trial by court-martial on the charge.
(B) DETERMINATION NOT TO PROCEED TO TRIAL.—Subject to subparagraph (C), a determination under paragraph (3) not to proceed to trial on a charge relating to a covered special victim offense by general or special court-martial shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that such determination shall not operate to terminate or otherwise alter the authority of the convening authority—
(i) to proceed to trial by court-martial on charges of collateral misconducted related to the special victim offense; or
(ii) to impose non-judicial punishment in connection with the conduct covered by the charge as authorized by section 815 of such title (article 15 of the Uniform Code of Military Justice).
(C) APPEAL.—In a case in which a convening authority and the staff judge advocate advising such authority disagree with the determination of the Chief Prosecutor under paragraph (3), the convening authority and staff judge advocate may jointly appeal the determination to the General Counsel of the Department of Defense. The determination of the General Counsel with respect to such appeal shall be binding on the Chief Prosecutor and the convening authority concerned.
(5) TRIAL BY RANDOMIZED JURY.—After the Chief Prosecutor makes a determination under paragraph (3) to proceed to trial on a charge relating to a covered special victim offense, the matter shall be tried by a court-martial convened within the Armed Force of which the accused is a member in accordance with the applicable provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that, when convening a court-martial that is a general or special court-martial involving a covered special victim offense in which the accused elects a jury trial, the convening authority shall detail members of the Armed Forces as members thereof at random unless the obtainability of members of the Armed Forces for such court-martial prevents the convening authority from detailing such members at random.
(6) UNLAWFUL INFLUENCE OR COERCION.—The actions of the Chief Prosecutor under this subsection whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion.
(d) Effect on other law.—This section shall supersede any provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is inconsistent with this section, but only to the extent of the inconsistency.
(e) Termination and transition.—
(1) TERMINATION.—The authority of the Secretary to carry out the Pilot Program shall terminate 4 years after the date on which the Pilot Program is initiated.
(2) TRANSITION.—The Secretary shall take such actions as are necessary to ensure that, on the date on which the Pilot Program terminates under paragraph (1), any matter referred to the Chief Prosecutor under subsection (c)(2), but with respect to which the Chief Prosecutor has not made a determination under subsection (c)(3), shall be transferred to the appropriate convening authority for consideration.
(1) The term “Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.
(2) The term “covered special victim offense” means a special victim offense—
(A) alleged to have been committed on or after the date of the enactment of this Act by a cadet of the United States Military Academy or the United States Air Force Academy, without regard to the location at which the offense was committed; or
(B) alleged to have been committed on or after the date of the enactment of this Act by a midshipman of the United States Naval Academy, without regard to the location at which the offense was committed.
(3) The term “Secretary” means the Secretary of Defense.
(4) The term “special victim offense” means any of the following:
(A) An offense under section 917a, 920, 920b, 920c, or 930 of title 10, United States Code (article 117a, 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).
(B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of such title (article 81 of the Uniform Code of Military Justice).
(C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of such title (article 82 of the Uniform Code of Military Justice).
(D) An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).
(a) Reports required.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter through December 31, 2025, the Secretary of each military department shall submit to the congressional defense committees a report on the status of investigations into alleged sex-related offenses.
(b) Elements.—Each report under subsection (a) shall include, with respect to investigations into alleged sex-related offenses carried out by military criminal investigative organizations under the jurisdiction of the Secretary concerned during the preceding year, the following:
(1) The total number of investigations.
(A) the date the investigation was initiated; and
(B) an explanation of whether the investigation is in-progress or complete as of the date of the report and, if complete, the date on which the investigation was completed.
(3) The total number of investigations that are complete as of the date of the report.
(4) The total number of investigations that are in-progress as of the date of the report.
(5) For investigations lasting longer than 180 days, an explanation of the primary reasons for the extended duration of the investigation.
(c) Definitions.—In this section:
(1) The term “alleged sex-related offense” has the meaning given that term in section 1044(e)(h) of title 10, United States Code.
(2) The term “complete” when used with respect to an investigation of an alleged sex-related offense, means the active phase of the investigation is sufficiently complete to enable the appropriate authority to reach a decision with respect to the disposition of charges for the offense.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the prevalence of sexual abuse and harassment of persons during the medical examination that precedes entry into the Armed Forces. Such report shall include the following:
(1) The number of incidents of sexual abuse or harassment that have been reported since 2000, if available.
(2) A description of the process by which the Department of Defense tracks the incidents of sexual abuse or harassment, if applicable.
(3) A plan to establish a process by which the Department tracks the incidents of sexual abuse or harassment, including of the medical professionals involved, if such a process does not exist.
(4) A plan to provide awareness training regarding sexual abuse and harassment provided to medical professionals who perform such examinations, if such training does not exist.
(5) A plan to provide recruits with information on their rights and responsibilities in the event they face sexual abuse and harassment that is incident to service but prior to starting service in the Armed Forces, if such information does not exist.
(6) A description of the legal redress available to persons who experience such sexual abuse and harassment, including through the Uniform Code of Military Justice, for those who enter the Armed Forces.
(a) Establishment.—Chapter 80 of title 10, United States Code, is amended by inserting after section 1561a the following new section:
Ҥ 1561b. Confidential reporting of sexual harassment
“(a) Establishment.—Notwithstanding section 1561 of this title, the Secretary of Defense shall prescribe regulations establishing a process by which a member of an armed force under the jurisdiction of the Secretary of a military department may confidentially allege a complaint of sexual harassment to an individual outside the immediate chain of command of that member.
“(b) Investigation.—An individual designated to receive complaints under subsection (a)—
“(1) shall maintain the confidentiality of the member alleging the complaint;
“(2) shall provide to the member alleging the complaint the option—
“(A) to file a formal or informal report of sexual harassment; and
“(B) to include reports related to such complaint in the Catch a Serial Offender Program; and
“(3) shall provide to the commander of the complainant a report—
“(A) regarding the complaint; and
“(B) that does not contain any personally identifiable information regarding the complainant.
“(c) Education; tracking; reporting.—The Secretary of Defense shall—
“(1) educate members under the jurisdiction of the Secretary of a military department regarding the process established under this section;
“(2) track complaints alleged pursuant to the process established under this section; and
“(3) submit annually to the Committees on Armed Services of the Senate and House of Representatives a report containing data (that does not contain any personally identifiable information) relating to such complaints.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561b the following new item:
“1561b. Confidential reporting of sexual harassment.”.
(c) Implementation.—The Secretary shall carry out section 1561b of title 10, United States Code, as added by subsection (a), not later than 1 year after the date of the enactment of this Act.
Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(20) Information concerning health care (including mental health care) furnished by the Secretary of Veterans Affairs to veterans and members of the Armed Forces who have survived sexual assault, sexual or gender harassment, or intimate partner violence.”.
Section 1142(c)(1) of title 10, United States Code, is amended—
(1) in subparagraph (E), by striking “Disability” and inserting “Potential or confirmed medical discharge of the member”; and
(2) in subparagraph (F), by striking “Character” and all that follows and inserting “Potential or confirmed involuntary separation of the member.”.
Section 1142(c)(1) of title 10, United States Code, as amended by section (a), is further amended—
(1) by redesignating subparagraph (M) as subparagraph (R); and
(2) by inserting after subparagraph (L) the following:
“(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).
“(N) The employment status of other adults in the household of the member.
“(O) The location of the duty station of the member (including whether the member was separated from family while on duty).
“(P) The effects of operating tempo and personnel tempo on the member and the household of the member.
“(Q) Whether the member is an Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act (Public Law 94–437; 25 U.S.C. 1603).”.
(a) In general.—Chapter 107 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 2158. Mentoring and career counseling program
“(a) Establishment; objectives.—The Secretary of Defense, in coordination with the Secretaries of the military departments and the Chief Diversity Officer, shall implement a program for mentoring and career counseling that—
“(1) ensures that all military occupational specialties and career fields reflect the demographics of the armed forces; and
“(2) ensures that members in all ranks and grades reflect the demographics of the armed forces.
“(b) Program description and components.—The program under subsection (a) shall—
“(1) include mentoring and career counseling efforts that start prior to the initial career field decision point and continue throughout the career of each participating member cadet or midshipman;
“(2) provide guidance on accession into the military occupational specialties and career fields that experience the highest rates and greatest number of promotions to a grade above O–6; and
“(3) promote information regarding career choices, including opportunities in the reserve components, to optimize the ability of a participating member cadet, or midshipman to make informed career choices from accession to retirement.
“(c) Evaluation metrics.—The Secretary of Defense shall establish and maintain metrics to evaluate the effectiveness of the program under this section.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 107 of such title is amended by at the end the following new item:
“2158. Mentoring and career counseling program.”.
(1) REPORT REQUIRED.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees on Armed Services of the Senate and the House of Representatives a report on the implementation of section 2158 of title 10, United States Code, as added by subsection (a).
(2) ELEMENTS.—The report under paragraph (1) shall include the following:
(A) A description and assessment of the manner in which the Department of Defense shall implement the program under subsection (a) of such section 2158.
(B) The initial evaluation metrics developed under subsection (c) of such section 2158.
(C) An explanation of whether the program will be carried out as part of another program of the Department or through the establishment of a separate program.
(D) A comprehensive description of the additional personnel, resources, and training that will be required to implement the program, including identification of the specific number of additional billets that will be needed to staff the program.
(E) Recommendations of the Secretary for additional legislation that the Secretary determines e necessary to effectively and efficiently implement the program.
(1) REPORT REQUIRED.—Not later than October 1, 2021, and annually thereafter for 3 years, the Secretary of Defense shall submit to the congressional defense committees on Armed Services of the Senate and the House of Representatives a report on the program under section 2158 of title 10, United States Code, as added by subsection (a).
(2) ELEMENTS.—Each report under paragraph (1) shall include, disaggregated by Armed Force, the following:
(A) The latest evaluation metrics developed under subsection (c) of such section 2158.
(B) The number of individuals, disaggregated by grade, ethnicity, race, and gender, who were eligible for participation in the program.
(C) The number of individuals, disaggregated by grade, ethnicity, race, and gender, who opted out of participation in the program.
(D) An assessment of the effectiveness of the program in advancing the careers of minority commissioned officers.
(e) Publication.—The Secretary of Defense shall—
(1) publish on an appropriate publicly available website of the Department of Defense the reports required under subsections (c) and (d); and
(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.
(f) Implementation date.—The Secretary of Defense shall implement the program under section 2158 of title 10, United States Code, as added by subsection (a), not later than 1 year after the date of the enactment of this Act.
(g) Definitions.—In this section:
(1) The term “minority person” means any individual who is a citizen of the United States and who is—
(A) Asian American;
(B) Native Hawaiian;
(C) a Pacific Islander;
(D) African American;
(E) Hispanic;
(F) Puerto Rican;
(G) Native American;
(H) an Alaska Native; or
(I) female.
(2) The term “minority commissioned officer” means any commissioned officer who is a minority person.
(3) The term “machine-readable” has the meaning given that term in section 3502(18) of title 44, United States Code.
(a) Authority To award bachelor’s degrees.—Section 2168 of title 10, United States Code, is amended—
(1) in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
(2) by amending subsection (a) to read as follows:
“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
“(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:
“2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.”.
(a) Authority To award bachelor’s degrees.—Section 2168 of title 10, United States Code, is amended—
(1) in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
(2) by amending subsection (a) to read as follows:
“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
“(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:
“2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.”.
Section 9431(b)(4) of title 10, United States Code, is amended by striking “23” and inserting “25”.
(a) Congressional nominations portal.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Superintendents of the military service academies, shall ensure that there is a uniform online portal for all military service academies that enables Members of Congress to nominate individuals for appointment to each academy through a secure website.
(2) INFORMATION COLLECTION AND REPORTING.—The online portal established under paragraph (1) shall—
(A) collect, from each Member of Congress, the demographic information described in subsection (b) for each individual nominated by the Member; and
(B) collect the information required to be included in each annual report of the Secretary under subsection (c) in a manner that enables the Secretary to automatically compile such information when preparing the report.
(3) AVAILABILITY OF INFORMATION.—The portal shall allow Members of Congress and their designees to view past nomination records for all application cycles.
(b) Standard classifications for collection of demographic data.—
(1) STANDARDS REQUIRED.—The Secretary, in consultation with the Superintendents of the military service academies, shall establish standard classifications that cadets, midshipmen, and applicants to the academies may use to self-identify gender, race, and ethnicity and to provide other demographic information in connection with admission to or enrollment in an academy.
(2) CONSISTENCY WITH OMB GUIDANCE.—The standard classifications established under paragraph (1) shall be consistent with the standard classifications specified in Office of Management and Budget Directive No. 15 (pertaining to race and ethnic standards for Federal statistics and administrative reporting) or any successor directive.
(3) INCORPORATION INTO APPLICATIONS AND RECORDS.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall incorporate the standard classifications established under paragraph (1) into—
(A) applications for admission to the military service academies; and
(B) the military personnel records of cadets and midshipmen enrolled in such academies.
(c) Annual report on the demographics military service academy applicants.—
(1) REPORT REQUIRED.—Not later than September 30 of each year beginning after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the demographics of applicants to military service academies for the most recently concluded application year.
(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to each military service academy, the following:
(A) The number of individuals who submitted an application for admission to the academy in the application year covered by the report.
(B) Of the individuals who submitted an application for admission to the academy in such year—
(i) the overall demographics of applicant pool, disaggregated by the classifications established under subsection (b) and by Member of Congress;
(ii) the number and percentage who received a nomination, disaggregated by the classifications established under subsection (b) and by Member of Congress;
(iii) the number and percentage who received an offer for appointment to the academy, disaggregated by the classifications established under subsection (b) and by Member of Congress; and
(iv) the number and percentage who accepted an appointment to the academy, disaggregated by the classifications established under subsection (b) and by Member of Congress.
(3) CONSULTATION.—In preparing each report under paragraph (1), the Secretary shall consult with the Superintendents of the military service academies.
(4) AVAILABILITY OF REPORTS AND DATA.—The Secretary shall—
(A) make the results of each report under paragraph (1) available on a publicly accessible website of the Department of Defense; and
(B) ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.
(d) Definitions.—In this section:
(1) The term “application year” means the period beginning on January 1 of one year and ending on June 1 of the following year.
(2) The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
(3) The term “machine-readable” has the meaning given that term in section 3502(18) of title 44, United States Code.
(4) The term “military service academy” means—
(A) the United States Military Academy;
(B) the United States Naval Academy; and
(C) the United States Air Force Academy.
(5) The term “Secretary” means the Secretary of Defense.
(a) Sense of Congress.—It is the sense of Congress that—
(1) professional military education is foundational to the development of ethical and effective military leaders and vital to national security;
(2) oversight of professional military education is an essential part of Congress’ constitutional responsibilities to regulate and maintain the Armed Forces of the United States;
(3) reform of the professional military education system, as directed by the congressional defense committees, has played a central role in the institutionalization of jointness as envisioned by the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433);
(4) the Goldwater-Nichols professional military education model has served the Nation well since the end of the Cold War by enabling successful joint military operations across the spectrum of conflict;
(5) recent changes in the national security environment require that the professional military education enterprise adapt to prepare the joint force to successfully defend American interests in evolving areas of strategic competition; and
(6) the Department of Defense must transform the professional military education enterprise to meet these challenges by emphasizing focused and rigorous intellectual study reflecting the hard won strategic insights of history, while leveraging advancements in the modern learning environment.
(b) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be obligated or expended consolidate, close, or significantly change the curriculum of the National Defense University or any institution of professional military education of an Armed Force until a period of 120 days has elapsed following the date on which the Under Secretary of Defense for Personnel and Readiness submits the report required under subsection (c).
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the professional military education enterprise.
(2) ELEMENTS.—The report required under paragraph (1) shall include the following:
(A) A consolidated summary that—
(i) lists all components of the professional military education enterprise of the Department of Defense, including all associated schools, programs, research centers, and support activities; and
(ii) for each such component, identifies the assigned personnel strength, annual student throughput, and budget details covering the period of 3 fiscal years preceding the date of the report.
(B) An assessment of the effectiveness and shortfalls of the existing professional military education enterprise as measured against graduate utilization, post-graduate evaluations, and the education and force development requirements of the Chairman of the Joint Chiefs of Staff and the Chiefs of the Armed Forces.
(C) Recommendations to improve the intellectual readiness of the joint force through reforms designed to—
(i) improve the warfighting readiness, intellectual fitness and cognitive ingenuity of military leaders;
(ii) promote development of strategic thinkers capable of developing integrated political-military and cross-domain strategies and new doctrinal concepts;
(iii) enhance the effectiveness, coherence, and efficiency of individual service approaches to professional military education;
(iv) improve the depth and rigor of professional military education curriculum in alignment with national defense strategy pacing threats while enhancing strategic relationships and operational integration with key allies and international security partners; and
(v) foster the deliberate development of world-class faculty through increasing the value of faculty assignments and other appropriate measures.
(a) Prohibition.—The Secretary of Defense may not eliminate, divest, downsize, or reorganize the College of International Security Affairs, nor its satellite program, the Joint Special Operations Masters of Arts, of the National Defense University, or seek to reduce the number of students educated at the College, or its satellite program, until 30 days after the date on which the congressional defense committees receive the report required by subsection (c).
(b) Assessment, determination, and review.—The Under Secretary of Defense for Policy, in consultation with the Under Secretary of Defense for Personnel and Readiness, the Assistant Secretary of Defense for Special Operations/Low-Intensity Conflict , the Deputy Assistant Secretary of Defense for Counternarcotics and Global Threats, the Deputy Assistant Secretary of Defense for Stability and Humanitarian Affairs, the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism, the Chief Financial Officer of the Department, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Special Operations Command, shall—
(1) assess requirements for joint professional military education and civilian leader education in the counterterrorism, irregular warfare, and asymmetrical domains to support the Department and other national security institutions of the Federal Government;
(2) determine whether the importance, challenges, and complexity of the modern counterterrorism environment and irregular and asymmetrical domains warrant—
(A) a college at the National Defense University, or a college independent of the National Defense University whose leadership is responsible to the Office of the Secretary of Defense; and
(B) the provision of resources, services, and capacity at levels that are the same as, or decreased or enhanced in comparison to, those resources, services, and capacity in place at the College of International Security Affairs on January 1, 2019;
(3) review the plan proposed by the National Defense University for eliminating the College of International Security Affairs and reducing and restructuring the counterterrorism, irregular, and asymmetrical faculty, course offerings, joint professional military education and degree and certificate programs, and other services provided by the College; and
(4) assess the changes made to the College of International Security Affairs since January 1, 2019, and the actions necessary to reverse those changes, including relocating the College and its associated budget, faculty, staff, students, and facilities outside of the National Defense University.
(c) Report required.—Not later than February 1, 2021, the Secretary shall submit to the congressional defense committees a report on—
(1) the findings of the Secretary with respect to the assessments, determination, and review conducted under subsection (b); and
(2) such recommendations as the Secretary may have for higher education in the counterterrorism, irregular, and asymmetrical domains.
(a) Establishment.—The Secretary of Defense, acting through the Chairman of the Joint Chiefs of Staff and in consultation with the Under Secretary of Defense for Personnel and Readiness, shall establish and maintain a public-private consortium (referred to in this section as the “Consortium”) to improve and broaden professional military education for military officers and civilian employees of the Federal Government.
(1) IN GENERAL.—The President of the National Defense University and the head of a civilian institution of higher education appointed in accordance with paragraph (3) shall serve as co-directors of the Consortium.
(2) RESPONSIBILITIES OF CO-DIRECTORS.—The co-directors shall be responsible for—
(A) the administration and management of the Consortium; and
(B) developing a common curriculum for professional military education using input received from members of the Consortium.
(3) APPOINTMENT OF CO-DIRECTOR FROM CIVILIAN INSTITUTION.—Not later than June 1, 2021, the Secretary of Defense shall appoint an individual who is the President or Chancellor of a civilian institution of higher education to serve as co-director of the Consortium as described in paragraph (1).
(4) TERM OF CO-DIRECTOR.—The co-director appointed under paragraph (3) shall serve an initial term of 5 years. The Secretary of Defense may reappoint such co-director for one or more additional terms of not more than 5 years, as the Secretary determines appropriate.
(5) AUTHORITY.—In the event that a conflict arises between co-directors of the Consortium, the conflict shall be resolved by the Director for Joint Force Development of the Joint Chiefs of Staff (J–7).
(c) Activities of Consortium.—The Consortium shall carry out the following activities:
(1) Bring the military education system (including military service academies, institutions that provide professional military education, and other institutions the provide military education) together with a broad group of civilian institutions of higher education, policy research institutes, and the commercial sector to develop and continually update a research-based curriculum to prepare early career, mid-career, and senior military officers and civilian employees of the Federal Government to succeed in an era that will be predominantly defined by great power competition and in which security challenges will transcend the traditional areas of defense expertise, becoming more complex and inter-related than before, with disruptions that will manifest rapidly and with little warning.
(2) Train military officers and civilian educators serving in the joint professional military education system to implement the curriculum developed under paragraph (2) at the institutions they serve.
(3) On a regular basis, make recommendations to the Secretary about how the joint professional military education system should be modified to meet the challenges of apparent or possible future defense, national security, and international environments.
(d) Members.—The Consortium shall be composed of representatives selected by the Secretary of Defense from the following organizations:
(1) Organizations within the joint professional military education system.
(2) Military service academies.
(3) Other institutions of the Federal Government that provide military education.
(4) Civilian institutions of higher education.
(5) Private sector and government policy research institutes.
(6) Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.
(e) Annual report.—Not later than September 30, 2022, and annually thereafter, the co-directors of the Consortium shall submit to the Secretary of Defense and the congressional defense committees a report that describes the activities carried out by the Consortium during the preceding year.
(f) Civilian institution defined.—In this section, the term “civilian institution of higher education” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the Federal Government.
Section 1143(e)(2) of title 10, United States Code, is amended to read as follows:
“(2) A member of the armed forces is eligible for a program under this subsection if—
“(i) has completed at least 180 days on active duty in the armed forces; and
“(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or
“(B) the member is a member of a reserve component.”.
Not later than December 31, 2022, the Secretaries of Defense and Veterans Affairs shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the results of a study on the feasibility of having representatives of the Department of Veterans Affairs present during counseling sessions under section 1142 of title 10, United States Code, to set up premium eBenefits accounts of the Department of Veterans Affairs for members of the Armed Forces participating in the Transition Assistance Program.
(a) Study; report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing the results of a study regarding the transferability of military certifications to civilian occupational licenses and certifications.
(b) Elements.—The report under this section shall include the following:
(1) Obstacles to transference of military certifications.
(2) Any effects of the transferability of military certifications on recruitment and retention.
(3) Examples of certifications obtained from the Federal Government that transfer to non-Federal employment.
The Secretary of Defense, in coordination with the Secretaries of Veterans Affairs and Labor, shall encourage contact between members of the Armed Forces participating in the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code, and local communities, to promote employment opportunities for such members. Such contact shall include, to the extent practicable, public-private partnerships.
Section 1143(e) of title 10, United States Code, is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph (3):
“(3) In the case of an eligible member who enrolls in a program under this subsection and who is discharged or released from active duty in the armed forces before the completion of the program, such member may continue to participate in the program until the completion of the program. The continued participation of such a member in such a program shall have no effect on the discharge or separation date of the member or the eligibility of the member for any pay or benefits.”.
Section 1143(e) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “of a military department” and inserting “concerned”;
(2) in paragraph (3), by striking “of the military department”; and
(3) in paragraph (4), by striking “of Defense” and inserting “concerned”.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish additional performance measures to evaluate the effectiveness of the COOL programs of each Armed Force in connecting members of the Armed Forces with professional credential programs. Such measures shall include the following:
(1) The percentage of members of the Armed Force concerned described in section 1142(a) of title 10, United States Code, who participate in a professional credential program through the COOL program of the Armed Force concerned.
(2) The percentage of members of the Armed Force concerned described in paragraph (1) who have completed a professional credential program described in that paragraph.
(3) The percentage of members of the Armed Force concerned described in paragraphs (1) and (2) who are employed not later than one year after separation or release from the Armed Forces.
(b) Coordination.—To carry out this section, the Secretary of Defense may coordinate with the Secretaries of Veterans Affairs and Labor.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations under which faculty of military educational institutions shall be authorized to accept research grants from individuals and entities outside the Department of Defense.
(b) Military educational institution defined.—In this section, the term “military educational institution” means a postsecondary educational institution established within the Department of Defense.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the training in irregular warfare, if any, provided to officers of the Armed Forces as part of the regular course of instruction for such officers.
(b) Elements.—The report under subsection (a) shall include—
(1) the level of instruction in irregular warfare typically provided to officers;
(2) the number of hours of instruction at each level; and
(3) a description of the subject areas covered by the instruction.
(c) Exclusion of specialized training.—The report under subsection (a) shall not include information on specialized or branch-specific training in irregular warfare provided to certain officers as part of a specialized course of instruction.
(d) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(2) The term “irregular warfare” has the meaning given that term in the Joint Operating Concept of the Department of Defense titled “Irregular Warfare: Countering Irregular Threats”, version 2.0, dated May 17, 2010.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the Committees on Armed Services and on Veterans’ Affairs of the House of Representatives and Senate a report regarding the effects of the presence of CVSOs at demobilization centers on members of the Armed Forces making the transition to civilian life.
(b) Metrics.—In determining the effects described in subsection (a), the Secretary of Defense shall use metrics including the following:
(1) Feedback from members described in subsection (a) and from veterans regarding interactions with CVSOs.
(2) Greater use of benefits (including health care, employment services, education, and home loans) available to veterans under laws administered by the Secretary of—
(A) Veterans Affairs;
(B) Labor;
(C) Health and Human Services;
(D) Housing and Urban Development; or
(E) Education.
(3) Greater use of benefits available to veterans not described in paragraph (2).
(4) Frequencies of post-demobilization follow-up meetings initiated by—
(A) a CVSO; or
(B) a veteran.
(5) Awareness and understanding of local support services (including CVSOs) available to veterans.
(c) Elements.—The report under this section shall include the following:
(1) The number of demobilization centers that host CVSOs.
(2) The locations of demobilization centers described in paragraph (1).
(3) Barriers to expanding the presence of CVSOs at demobilization centers nationwide.
(4) Recommendations of the Secretary of Defense regarding the presence of CVSOs at demobilization centers.
(d) CVSO defined.—In this section, the term “CVSO” includes—
(1) a county veterans service officer;
(2) a Tribal veterans service officer;
(3) a Tribal veterans representative; or
(4) another State, Tribal, or local entity that the Secretary of Defense determines appropriate.
Section 559 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1775) is amended—
(1) in subsection (a), by striking “None of the funds” and inserting “Except as provided in subsection (b), none of the funds”;
(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following new subsection:
“(b) Exception.—Funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended for the purpose of the attendance of enlisted personnel at senior level and intermediate level officer professional military education courses if—
“(1) the enlisted personnel attending such courses have completed professional military education at the appropriate grade prior to attendance;
“(2) the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) establishes a screening and selection process to choose enlisted personnel to attend such courses;
“(3) with respect to attendees of resident programs—
“(A) the Secretary concerned establishes a utilization policy for enlisted graduates of such programs; and
“(B) attendees of such programs agree to a 3-year service obligation after completion of such programs;
“(4) the Secretary concerned authorizes enlisted personnel to attend only after the Secretary determines all requirements for attendance of officers at such courses have been met; and
“(5) an officer is not denied attendance at such courses for the primary purpose of allowing enlisted personnel to attend.”.
(a) In general.—Section 2006a of title 10, United States Code, is amended—
(A) in paragraph (3), by striking “and” at the end;
(B) in paragraph (4), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(5) in the case of program offered by a proprietary institution of higher education, the institution derives not less than ten percent of such institution’s revenues from sources other than Federal educational assistance funds as required under subsection (c).”.
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new subsection:
“(c) Limitation on participation of proprietary institutions.—The Secretary of Defense may not approve an educational program offered by a proprietary institution of higher education, and no educational assistance under a Department of Defense educational assistance program or authority covered by this section may be provided to such an institution, unless the institution derives not less than ten percent of such institution’s revenues from sources other than Federal educational assistance funds.”;
(4) in subsection (d), as so redesignated, by adding at the end the following new paragraphs:
“(3) The term ‘Federal educational assistance funds’ means any Federal funds provided under this title, the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), or any other Federal law, through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution of higher education, including Federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution, except that such term shall not include any monthly housing stipend provided under the Post-9/11 Educational Assistance Program under chapter 33 of title 38.
“(4) The term ‘proprietary institution of higher education’ has the meaning given that term in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)).”.
(b) Effective date.—The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.
(a) Definitions.—Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall define the terms “military family readiness” and “military family resiliency”.
(b) Communication strategy.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall establish and implement a strategy regarding communication with military families. The strategy shall include the following:
(1) The use of a variety of modes of communication to ensure the broadest means of communicating with military families.
(2) Updating an existing annual standardized survey that assesses military family readiness to address the following issues:
(A) Communication with beneficiaries.
(B) Child care.
(C) Education,
(D) Spousal employment.
(E) The Exceptional Family Member Program.
(F) Financial literacy.
(G) Financial stress.
(H) Health care (including copayments, network adequacy, and the availability of appointments with health care providers).
(c) Report.—Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the feasibility of implementing the recommendations in—
(1) chapter 3 of the report of the Inspector General of the Department of Defense for fiscal year 2020, “Ensuring Wellness and Wellbeing of Service-Members and their Families”; and
(2) the report, dated July 2019, of the National Academies of Science, Engineering and Medicine, titled “Strengthening the Military Family Readiness System for a Changing American Society”.
(a) In general.—Section 1788a of title 10, United States Code, is amended—
(1) by striking the heading and inserting “Support programs: special operations forces personnel; immediate family members”;
(A) by inserting “(1)” before “Consistent”;
(B) by striking “for the immediate family members of members of the armed forces assigned to special operations forces”; and
(C) by adding at the end the following:
“(2) The Commander may enter into an agreement with a nonprofit entity to provide family support services.”.
(3) in subsection (b)(1), by striking “the immediate family members of members of the armed forces assigned to special operations forces” and inserting “covered individuals”;
(A) in subparagraph (A), by striking “family members of members of the armed forces assigned to special operations forces” and inserting “covered individuals”; and
(B) in subparagraph (B), by striking “family members of members of the armed forces assigned to special operations forces” and inserting “covered individuals”; and
(A) by inserting “psychological support, spiritual support, and” before “costs”;
(B) by striking “immediate family members of members of the armed forces assigned to special operations forces” and inserting “covered personnel”; and
(C) by adding at the end the following:
“(5) The term ‘covered personnel’ means—
“(A) members of the Armed Forces (including the reserve components) assigned to special operations forces;
“(B) support service personnel assigned to special operations;
“(C) individuals separated or retired from service described in subparagraph (A) or (B) for not more than three years; and
“(D) immediate family members of individuals described in subparagraphs (A) through (C).”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 88 of title 10, United States Code, is amended by striking the item relating to section 1788a and inserting the following:
“1788a. Support programs: special operations forces personnel; immediate family members.”.
(a) Authority.—Section 1798 of title 10, United States Code, is amended—
(1) in subsection (a), in the matter preceding paragraph (1), by inserting “, or to an in-home child care provider,” after “youth program services”;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection (c):
“(c) Eligible in-Home child care providers.—The Secretary may determine that an in-home child care provider is eligible for financial assistance under this section.”.
(b) In-Home child care provider defined.—Section 1800 of such title is amended by adding at the end the following:
“(5) The term ‘in-home child care provider’ means an individual (including a nanny, babysitter, or au pair) who provides child care services in the home of the child.”.
(c) Regulations.—Not later than July 1, 2021, the Secretary of Defense shall prescribe regulations that establish eligibility requirements and amounts of financial assistance for an in-home child care provider under subsection (c) of section 1798 of title 10, United States Code, as amended by subsection (a).
Section 580F of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by inserting “or maintenance (including continuing education courses)” after “pursuit”; and
(2) by adding at the end the following: “Such financial assistance may be applied to the costs of national tests that may earn a participating military spouse course credits required for a degree approved under the program (including the College Level Examination Program tests and the Subject Standardized Tests of the Defense Activity for Non-Traditional Education Support Division of the Department of Defense).”
(a) 24-Hour child care.—If the Secretary of Defense determines it feasible, the Secretary shall furnish child care to each child of a member of the Armed Forces or employee of the Department of Defense while that member or employee works on rotating shifts at a military installation.
(b) Metrics.—Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense shall develop and implement metrics to evaluate the effectiveness of the child care priority system of the Department of Defense, including—
(1) the speed of placement for children of members of the Armed Forces on active duty;
(2) the type of child care offered;
(3) available spaces in such system, if any; and
(4) other metrics to monitor the child care priority system determined by the Secretary.
(c) Report.—Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the results of a study that evaluates—
(1) the sufficiency of the stipend furnished by the Secretary to members of the Armed Forces for civilian child care; and
(2) whether the amount of such stipend should be based on—
(A) cost of living in the applicable locale; and
(B) the capacity of licensed civilian child care providers in the local market.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the regulations prescribed pursuant to subsections (i) and (j) of section 701 of title 10, United States Code, to provide that the eligibility of primary and secondary caregivers for paid parental leave that has already been approved shall not terminate upon the death of the child for whom such leave is taken.
(a) Study.—The Secretary of Defense shall conduct a study on the performance of the Department of Defense Education Activity.
(b) Elements.—The study under subsection (a) shall include the following:
(1) A review of the curriculum relating to health, resiliency, and nutrition taught in schools operated by the Department of Defense Education Activity and a comparison of such curriculum to appropriate education benchmarks.
(2) An analysis of the outcomes experienced by students in such schools, as measured by—
(A) the performance of such students on the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)); and
(B) any other methodologies used by the Department of Defense Education Activity to measure individual student outcomes.
(3) An assessment of the effectiveness of the School Liaison Officer program of the Department of Defense Education Activity in achieving the goals of the program with an emphasis on goals relating to special education and family outreach.
(c) Report.—Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the findings of the study conducted under subsection (a).
(a) Report required.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment by the Comptroller General of the structural condition of schools of the Department of Defense Education Activity, both within the continental United States (CONUS) and outside the continental United States (OCONUS).
(b) Virtual schools.—The report shall include an assessment of the virtual infrastructure or other means by which students attend Department of Defense Education Activity schools that have no physical structure, including the satisfaction of the military families concerned with such infrastructure or other means.
(a) Pilot program authorized.—Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which a dependent of a full-time, active-duty member of the Armed Forces may enroll in a covered DODEA school at the military installation to which the member is assigned, on a space-available basis as described in subsection (c), without regard to whether the member resides on the installation as described in 2164(a)(1) of title 10, United States Code.
(b) Purposes.—The purposes of the pilot program under this section are—
(1) to evaluate the feasibility and advisability of expanding enrollment in covered DODEA schools; and
(2) to determine how increased access to such schools will affect military and family readiness.
(c) Enrollment on space-Available basis.—A student participating in the pilot program under this section may be enrolled in a covered DODEA school only if the school has the capacity to accept the student, as determined by the Director of the Department of Defense Education Activity.
(d) Locations.—The Secretary of Defense shall carry out the pilot program under this section at not more than four military installations at which covered DODEA schools are located. The Secretary shall select military installations for participation in the program based on—
(1) the readiness needs of the Secretary of a the military department concerned; and
(2) the capacity of the DODEA schools located at the installation to accept additional students, as determined by the Director of the Department of Defense Education Activity.
(e) Termination.—The authority to carry out the pilot program under this section shall terminate 4 years after the date of the enactment of this Act.
(f) Covered DODEA school defined.—In this Section, the term “covered DODEA school” means a domestic dependent elementary or secondary school operated by the Department of Defense Education Activity that—
(1) has been established on or before the date of the enactment of this Act; and
(2) is located in the continental United States.
(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2021 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(b) Impact aid for children with severe disabilities.—Of the amount authorized to be appropriated for fiscal year 2021 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
(c) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(a) Policy.—Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall, to the extent practicable, standardize the Exceptional Family Member Program (in this section referred to as the “EFMP”) across the military departments.
(b) Elements.—The EFMP, standardized under subsection (a), shall include the following:
(1) Processes for the identification and enrollment of dependents of covered members with special needs.
(2) A process for the permanent change of orders for covered members, to ensure seamless continuity of services at the new permanent duty station.
(3) A review process for installations to ensure that health care furnished through the TRICARE program, special needs education programs, and installation-based family support programs are available to military families enrolled in the EFMP.
(4) A standardized respite care benefit across the covered Armed Forces, including the number of hours available under such benefit to military families enrolled in the EFMP.
(5) Outcomes and metrics to evaluate the EFMP.
(6) A requirement that the Secretary of each military department provide a dedicated EFMP attorney, who specializes in education law, at each military installation—
(A) the Secretary determines is a primary receiving installation for military families with special needs; and
(B) in a State that the Secretary determines has historically not supported families enrolled in the EFMP.
(7) The option for a family enrolled in the EFMP to continue to receive all services under that program and the bachelor allowance for housing if—
(A) the covered member receives a new permanent duty station; and
(B) the covered member and family elect for the family not to relocate with the covered member.
(8) A process to discuss policy challenges and opportunities, best practices adopted across the covered Armed Forces, a forum period for discussion with members of military families with special needs, and other matters the Secretary of Defense determines appropriate.
(c) Case management.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop an EFMP case management model, including the following:
(1) A single EFMP office, located at the headquarters of each covered Armed Force, to oversee implementation of the EFMP and coordinate health care services, permanent change of station order processing, and educational support services for that covered Armed Force.
(2) An EFMP office at each military installation with case managers to assist each family of a covered member in the development of a plan that addresses the areas specified in subsection (b)(1).
(d) Report.—Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the items identified under subsections (a), (b), and (c), including any recommendations of the Secretary regarding legislation.
(e) GAO Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on—
(1) whether military families have higher rates of disputes and loss of free and appropriate public education under section 504 of the Rehabilitation Act of 1973 (Public Law 93–112; 29 U.S.C. 794) than civilian counterparts; and
(2) an analysis of the number of due process hearings that were filed by school districts against children of members of the Armed Forces.
(f) Definitions.—In this section:
(1) The term “covered Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.
(2) The term “covered member” means a member—
(A) of a covered Armed Force; and
(B) with a dependent with special needs.
(a) Establishment.—Not later than September 30, 2021, the Secretary of Defense shall establish a program for training members of the Armed Forces and employees of the Department of Defense regarding the threat of foreign disinformation campaigns specifically targeted at such individuals and the families of such individuals.
(b) Report required.—Not later than October 30, 2021, the Secretary of Defense shall submit a report to the congressional defense committees regarding the program under subsection (a).
The Secretary of the Army shall reopen all child care facilities of the Engineer Research and Development Center that were closed during fiscal year 2020.
(a) Evaluation; updates.—Not later than 160 days after the date of the enactment of this Act, the Secretary of Defense shall evaluate the partner criteria set forth in the Military Spouse Employment Partnership Program and implement updates that the Secretary determines will improve such criteria without diminishing the need for partners to exhibit sound business practices, broad diversity efforts, and relative financial stability. Such updates shall expand the number of the following entities that meet such criteria:
(1) Institutions of primary, secondary, and higher education.
(2) Software and coding companies.
(3) Local small businesses.
(4) Companies that employ telework.
(b) New partnerships.—Upon completion of the evaluation under subsection (a), the Secretary, in cooperation with the Department of Labor, shall seek to enter into agreements with entities described in paragraphs (1) through (4) of subsection (a) that are located near military installations (as that term is defined in section 2687 of title 10, United States Code).
(c) Review; report.—Not later than 1 year after implementation under subsection (a), the Secretary shall review updates under subsection (a) and publish a report regarding such review on a publicly-accessible website of the Department of Defense. Such report shall include the following:
(1) Military spouse employment rates related to types of entities described in subsection (a).
(2) Application rates, website clicks, and other basic metrics that measure the interest level of military spouses in types of entities described in subsection (a).
(3) Recommendations for increasing military spouse employment opportunities in the types of entities described in subsection (a).
(a) Standard diversity metrics and annual reporting requirement.—Section 113 of title 10, United States Code is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1), the following new paragraph (2):
“(2) a report from each military department on the goals, barriers, and status of diversity and inclusion of that military department;”; and
(2) in subsection (g)(1)(B), by inserting after clause (vi), the following new clause (vii):
“(vii) Strategic metrics and benchmarks evaluating how the officer and enlisted corps reflects the eligible United States population across all armed forces and ranks.”;
(3) by redesignating subsections (m) and (n) as subsections (n) and (o), respectively; and
(4) by inserting after subsection (k), the following new subsections (l) and (m):
“(l) (1) The Secretary of Defense shall establish and maintain a standard set of strategic metrics and benchmarks toward objectives of:
“(A) an officer and enlisted corps that reflects the eligible U.S. population across all armed forces and ranks; and
“(B) a military force that is able to prevail in its wars, prevent and deter conflict, defeat adversaries and succeed in a wide range of contingencies, and preserve and enhance the all-volunteer force.
“(2) In implementing the requirement in paragraph (1), the Secretary shall—
“(A) establish a universal data collection system to ensure comparability across each military department;
“(B) establish standard definitions of demographic groups, a common methodology, and a common reporting structure across each military department;
“(C) conduct annual barrier analyses to review demographic diversity patterns across the military life cycle, starting with accessions; and
“(D) each year meet with the Secretaries of the military departments, the Chiefs of Staff of the armed forces, and the Chairman of the Joint Chiefs of Staff to assess progress towards the objective under paragraph (1) and establish recommendations to meet such objective.
“(m) The Secretary shall include in each national defense strategy under subsection (g)—
“(1) the demographics, disaggregated by grade, ethnicity, race, gender, and military occupational specialty, for—
“(A) accession into the armed forces;
“(B) the enlisted corps;
“(C) the commissioned officers;
“(D) graduates of the military service academies;
“(E) the rate of promotion in the promotion zone;
“(F) the rate of promotion below the zone for promotion;
“(G) the rates of retention;
“(H) command selection;
“(I) special assignments;
“(J) career broadening assignments;
“(K) aides to general officers and flag officers; and
“(L) any other matter the Secretary determines appropriate;
“(2) an analysis of assignment patterns by ethnicity, race, and gender;
“(3) an analysis of attitudinal survey data by ethnicity, race, and gender;
“(4) an assessment of the available pool of qualified of Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates for pay grades O–9 and O–10;
“(5) identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and
“(6) summaries of progress made on previous actions.”.
(b) National Guard diversity reporting.—Section 10504 of title 10, United States Code is amended by adding at the end the following new subsection (d):
“(d) Report on diversity and inclusion.—
“(1) IN GENERAL.—Not less than once every four years, the Chief of the National Guard Bureau shall report in writing to the Secretary of Defense and the Congress on the status of diversity in each State, Territory, and the District of Columbia for all ranks of the Army and Air National Guard.
“(2) ELEMENTS.—Each report under paragraph (1) shall include—
“(A) the demographics, disaggregated by State, grade, ethnicity, race, gender, and military occupational specialty, for—
“(i) accession into the National Guard;
“(ii) the enlisted corps;
“(iii) the commissioned officers;
“(iv) the rate of promotion in the promotion zone;
“(v) the rate of promotion below the zone for promotion;
“(vi) the rates of retention;
“(vii) command selection;
“(viii) special assignments;
“(ix) career broadening assignments;
“(x) aides to a general officer; and
“(xi) any other matter the Chief of the National Guard Bureau determines appropriate;
“(B) an analysis of assignment patterns by ethnicity, race, and gender;
“(C) an analysis of attitudinal survey data by ethnicity, race, and gender;
“(D) an assessment of the available pool of qualified of Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates for pay grades O–9 and O–10;
“(E) identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and
“(F) summaries of progress made on previous actions.
“(3) PUBLIC AVAILABILITY.—The Chief of the National Guard Bureau shall—
“(A) publish on an appropriate publicly available website of the National Guard the reports required under paragraph (1); and
“(B) ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.”.
(c) Coast Guard diversity reporting.—Section 5101 of title 14, United States Code is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1), the following new paragraph (2):
“(2) the goals, barriers, and status of diversity and inclusion;”; and
(3) by adding at the end the following new subsection (c):
“(c) Not less than once every 4 years, the Secretary shall include in the annual request under subsection (a)—
“(1) the demographics, disaggregated by grade, ethnicity, race, gender, and military occupational specialty, for—
“(A) accession into the Coast Guard;
“(B) the enlisted corps;
“(C) the commissioned officers;
“(D) graduates of the Coast Guard Academy;
“(E) the rate of promotion in the promotion zone;
“(F) the rate of promotion below the zone for promotion;
“(G) the rates of retention;
“(H) command selection;
“(I) special assignments;
“(J) career broadening assignments;
“(K) aides to a flag officer; and
“(L) any other matter the Secretary determines appropriate;
“(2) an analysis of assignment patterns by ethnicity, race, and gender;
“(3) an analysis of attitudinal survey data by ethnicity, race, and gender;
“(4) an assessment of the available pool of qualified of Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates for pay grades O–9 and O–10;
“(5) identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and
“(6) summaries of progress made on previous actions.”.
(d) Requirement To Consider Minority Officers for O–9 and O–10 Grades.—
(1) ARMY, NAVY, AIR FORCE, MARINE CORPS, AND SPACE FORCE.—Section 601 of title 10, United States Code is amended by adding at the end the following new subsections:
“(e) The Chairman of the Joint Chiefs of Staff shall consider all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates prior to recommending to the President an initial appointment to the grade of lieutenant general or vice admiral, or an initial appointment to the grade of general or admiral.
“(f) When seeking the advice and consent of the Senate under subsection (a), the President shall submit to the Committee on Armed Services of the Senate a certification that—
“(1) all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates were considered for appointment; and
“(2) (A) none of the candidates under subparagraph (A) met the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office; or
“(B) the officers in the positions designated under subsection (a) represent the diversity of the armed forces to the extent practicable.”.
(2) COAST GUARD.—Section 305(a) of title 14, United States Code, is amended by adding at the end the following new paragraphs:
“(4) The Commandant shall consider all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates prior to recommending to the President an initial appointment to the grade of vice admiral, or an initial appointment to the grade of admiral.
“(5) When seeking the advice and consent of the Senate under subsection (a), the President shall submit to the committee of the Senate with jurisdiction over the department in which the Coast Guard is operating a certification that—
“(A) all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates were considered for appointment; and
“(B) (i) none of the candidates under subparagraph (A) met the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office; or
“(ii) the officers in the positions designated under subsection (a) represent the diversity of the armed forces to the extent practicable.”.
(a) Establishment.—Chapter 7 of title 10, United States Code, is amended by inserting before section 187 the following:
Ҥ 186. Diversity and Inclusion Advisory Council
“(a) Establishment.—The Secretary of the Department of Defense (referred to in this section as the ‘Secretary’) shall establish a council to be known as the ‘Diversity and Inclusion Advisory Council of the Department of Defense’ (referred to in this section as the ‘Council’).
“(b) Duties.—The Council shall provide advice and recommendations to the Secretary on matters concerning diversity and inclusion in the Department of Defense, relating to the following:
“(1) Aligning diversity and inclusion with the strategic goals of the Department of Defense.
“(2) Conducting strategic outreach efforts to identify, attract, and recruit individuals that represent the demographic diversity of the United States.
“(3) Developing, mentoring, and retaining a diverse and inclusive Armed Forces.
“(4) Encouraging leadership development through diversity and inclusion practices and processes.
“(1) IN GENERAL.—The Council shall be composed of not fewer than 22 members, including the Federal officials and officers specified in paragraph (2), and not fewer than 12 members appointed by the Secretary from nongovernmental positions described in paragraph (3).
“(2) FEDERAL OFFICIALS AND OFFICERS.—The Federal officials and officers specified in this paragraph are the following:
“(A) The Chief Diversity Officer of the Department of Defense.
“(B) The Under Secretary of Defense for Personnel and Readiness.
“(C) The Chief of Staff of the Army.
“(D) The Chief of Naval Operations.
“(E) The Chief of Staff of the Air Force.
“(F) The Chief of Space Operations.
“(G) The Chief of Staff of the Air Force.
“(H) The Commandant of the Marine Corps.
“(I) The Commandant of the Coast Guard.
“(J) The Chief of the National Guard Bureau.
“(3) NONGOVERNMENTAL POSITIONS.—Nongovernmental positions described in this paragraph are the following:
“(A) Five presidents or chancellors of institutions of higher education, including private and public institutions representing diverse areas of the United States.
“(B) Senior leaders of the defense industries of the United States.
“(C) Senior leaders of veterans or military service organizations.
“(D) Veterans (as defined in section 101 of title 38).
“(E) Others determined appropriate by the Secretary.
“(4) TIMING OF APPOINTMENTS.—Appointments to the Council shall be made not later than four months after the date of the enactment of this Act.
“(A) IN GENERAL.—Each member shall be appointed for a term of two years.
“(B) VACANCIES.—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed.
“(6) CHAIRPERSON AND VICE CHAIRPERSON.—
“(A) CHAIRPERSON.—The Chairperson of the Council shall be the Chief Diversity Officer of the Department of Defense.
“(B) VICE CHAIRPERSON.—The Vice Chairperson shall be designated by the Secretary at the time of the appointment of the members pursuant to paragraph (4), and when a vacancy of the Vice Chairperson occurs, as the case may be.
“(1) MEETINGS.—The Council shall meet not fewer than four times each year at the call of the Chairperson or Vice Chairperson.
“(2) QUORUM.—Twelve members of the Council, including six appointed under subsection (c)(2) and six appointed under subsection (c)(3), shall constitute a quorum.
“(1) PROHIBITION ON COMPENSATION.—Except as provided in paragraph (2), members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council.
“(2) TRAVEL EXPENSES.—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
“(f) Administrative support services.—Upon the request of the Council, the Secretary shall provide to the Council, on a reimbursable basis, the administrative support services necessary for the Council to carry out its responsibilities under this Act.
“(g) Reports.—Not later than 180 days after the date on which the Council holds its initial meeting under subsection (d) and annually thereafter, the Council shall submit to the congressional defense committees a report containing a detailed statement of the advice and recommendations of the Council pursuant to subsection (b).”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 7 of title 10, United States Code, is amended by inserting before the item relating to section 187 the following:
“186. Diversity and Inclusion Advisory Council.”.
(a) Special Inspector General for Racial and Ethnic Disparities in the Armed Forces.—
(1) PURPOSES.—The purposes of this section are the following:
(A) To provide for the independent and objective conduct and supervision of audits and investigations relating to racial and ethnic disparities in military personnel and military justice systems, and white supremacy among military personnel.
(B) To provide recommendations to the Secretary of Defense and to Congress on actions necessary to eliminate racial and ethnic disparities in military personnel and military justice systems.
(2) OFFICE OF INSPECTOR GENERAL.—To carry out the purposes of paragraph (1), there is hereby established, in the Department of Defense, the Office of the Special Inspector General for Racial and Ethnic Disparities in the Armed Forces.
(3) APPOINTMENT OF INSPECTOR GENERAL.—
(A) NOMINATION; APPOINTMENT.—The head of the Office of the Special Inspector General for Racial and Ethnic Disparities is the Special Inspector General for Racial and Ethnic Disparities (in this section referred to as the “Inspector General”), who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) QUALIFICATIONS.—The appointment of the Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.
(C) DEADLINE FOR NOMINATION.—The nomination of an individual as Inspector General shall be made not later than 90 days after the date of the enactment of this Act.
(D) COMPENSATION.—The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(E) PROHIBITION ON POLITICAL ACTIVITIES.—For purposes of section 7324 of title 5, United States Code, the Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law.
(F) REMOVAL.—The Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.).
(4) ASSISTANT INSPECTORS GENERAL.—The Inspector General shall, in accordance with applicable laws and regulations governing the civil service, appoint an Assistant Inspector General for Military Justice who shall have the responsibility for auditing and investigation activities relating to racial and ethnic disparities within the military justice system.
(A) IN GENERAL.—Except as provided in subparagraph (B), the Inspector General shall report directly to, and be under the general supervision of the Secretary of Defense.
(B) INDEPENDENCE TO CONDUCT INVESTIGATIONS AND AUDITS.—No officer of the Department of Defense shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation related to racial and ethnic disparities or from issuing any subpoena during the course of any such audit or investigation.
(A) OVERSIGHT OF MILITARY JUSTICE.—It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of—
(i) the effect of military justice policies and practices on racial and ethnic disparities, including overrepresentation of minorities in actions related to investigations, courts-martial, nonjudicial punishments, and other military justice actions as determined by the Inspector General;
(ii) the effect of military personnel policies and practices, including recruiting, accessions, and promotions, on racial and ethnic disparities, including underrepresentation of minorities among members of the Armed Forces under the jurisdiction of the Secretary of a military department in grades above E–7;
(iii) the scope and efficacy of existing diversity and inclusion offices and programs within the Department of Defense; and
(iv) white supremacist activities among military personnel and any other issues, determined by the Inspector General, necessary to address racial and ethnic disparities within the Armed Forces under the jurisdiction of the Secretary of a military department.
(B) OTHER DUTIES RELATED TO OVERSIGHT.—The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duties under subparagraph (A).
(C) DUTIES AND RESPONSIBILITIES UNDER INSPECTOR GENERAL ACT OF 1978.—In addition to the duties specified in subparagraphs (A) and (B), the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978.
(D) COORDINATION OF EFFORTS.—In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of each of the following:
(i) The Inspector General of the Department of Defense.
(ii) The Inspector General of the Army.
(iii) The Inspector General of the Navy.
(iv) The Inspector General of the Air Force.
(A) AUTHORITIES UNDER INSPECTOR GENERAL ACT OF 1978.—In carrying out the duties specified in paragraph (6), the Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978.
(B) AUDIT STANDARDS.—The Inspector General shall carry out the duties specified in paragraph (6)(A) in accordance with section 4(b)(1) of the Inspector General Act of 1978.
(8) PERSONNEL, FACILITIES, AND OTHER RESOURCES.—
(A) PERSONNEL.—The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
(B) EMPLOYMENT OF EXPERTS AND CONSULTANTS.—The Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title.
(C) CONTRACTING AUTHORITY.—To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General.
(D) RESOURCES.—The Secretary of Defense, as appropriate, shall provide the Inspector General with appropriate and adequate office space at appropriate locations of the Department of Defense, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein.
(E) ASSISTANCE FROM FEDERAL AGENCIES.—
(i) IN GENERAL.—Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee.
(ii) REPORTING OF REFUSED ASSISTANCE.—Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Secretary of Defense, as appropriate, and to the appropriate congressional committees without delay.
(A) QUARTERLY REPORTS.—Not later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit quarterly reports to the Secretary of Defense and the congressional defense committees summarizing the activities of the Inspector General for the previous quarter.
(B) ANNUAL REPORTS.—The Inspector General shall submit annual reports to the Secretary of Defense and the congressional defense committees presenting recommendations for changes to policy, practice, regulation, and statute to eliminate disparities within the military personnel and military justice systems and to eliminate white supremacist activities among military personnel. Each such report shall include an accounting and detailing of every incident of white supremacist activity documented in the Department of Defense.
(C) OCCASIONAL REPORTS.—The Inspector General shall, from time to time, submit additional reports containing findings and recommendations at the discretion of the Inspector General.
(D) ONLINE PUBLICATION.—The Inspector General shall publish each report under this paragraph on a publicly available website not later than 7 days after submission to the Secretary of Defense and the congressional defense committees.
(10) FUNDING.—This section shall be carried out using not more than $10,000,000 of funds authorized to be appropriated in this Act for Operation and Maintenance, Defense-wide, and no additional amounts are authorized to be appropriated to carry out this section.
(b) Amendments to the Inspector General Act.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(A) by inserting “(1)” before “An Inspector General”;
(B) by inserting after the first sentence the following: “An Inspector General may only be removed by the President before the expiration of the term of the Inspector General for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority.”; and
(C) by adding at the end the following new paragraphs:
“(2) If an Inspector General is removed by the President under paragraph (1) fewer than 30 days after the President has communicated in writing the reasons for such removal pursuant to paragraph (1), the Inspector General shall submit to the Council of the Inspectors General on Integrity and Efficiency a report that includes the following information:
“(A) A description of the facts and circumstances of each investigation involving a senior government employee (as defined in section 5 of this Act) being conducted by that Inspector General at the time of such removal.
“(B) Any other matter that the Inspector General determines to include.
“(3) Any individual serving as the head of an Office of Inspector General, after the removal of an Inspector General under paragraph (1), shall issue to the Council of the Inspectors General on Integrity and Efficiency a report identifying any instances in which an investigation or matter described in paragraph (2) is closed prior to its completion, with a description of the reasons for closing the investigation or matter.”; and
(2) in section 8G(e), by adding at the end the following new paragraph:
“(3) In the event of the removal of an Inspector General, the Council of the Inspectors General on Integrity and Efficiency shall—
“(A) investigate the reasons for removal provided by the President;
“(B) publish a report including the determination of the Council whether the reasons described in subparagraph (A) are in accordance with the relevant provisions relating to for cause removal;
“(C) review any investigation that was being conducted by the Inspector General at the time of such removal; and
“(D) submit, to the congressional committees the Council determine to be relevant, a report that includes the determination of the Council whether an investigation described in subparagraph (C) motivated such removal.”.
Section 593 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended, in paragraph (1), by inserting “, racist, xenophobic, anti-Semitic, or supremacist” after “extremist”.
Not later than the first October 1 to occur after the date of the enactment of this Act, and annually thereafter, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a report summarizing the gender and race of each individual who received an appointment under section 531 or 601 of title 10, United States Code, during the immediately preceding fiscal year.
(a) Plans required.—The Secretary of Defense and each Secretary of a military department shall develop plans to increase, with respect to female and minority members of the Armed Forces and cadets or midshipmen under the jurisdiction of that Secretary, the following:
(1) Recruitment.
(2) Retention.
(3) Representation in grades above E–7.
(b) Elements.—Each plan developed under this section shall include clearly defined goals, performance measures, and timeframes.
(c) Goals.—A goal under subsection (b) shall be to exceed, by not less than 100 percent, the rate at which the number of members described in subsection (a)(3) increased during the 5 years immediately preceding the date of the enactment of this Act.
(d) Submittal.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and each Secretary of a military department shall submit to the committees on Armed Services of the Senate and the House of Representatives a copy of each plan developed under this section by that Secretary.
(e) Report.—Three months after submitting a plan under subsection (d) and quarterly thereafter for 5 years, the Secretary of Defense and each Secretary of a military department shall submit to the committees on Armed Services of the Senate and the House of Representatives a report indicating the number of female and minority members in grades above E–7 in each Armed Force under the jurisdiction of that Secretary.
(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an evaluation of the barriers to minority participation in covered units of the Armed Forces.
(2) ELEMENTS.—The evaluation required under paragraph (1) shall include the following elements:
(A) A description of the racial, ethnic, and gender composition of covered units.
(B) A comparison of the participation rates of minority populations in covered units to participation rates of the general population as members and as officers of the Armed Forces.
(C) A comparison of the percentage of minority officers in the grade of O–7 or higher who have served in each covered unit to such percentage for all such officers in the Armed Force of that covered unit.
(D) An identification of barriers to minority (including English language learners) participation in the recruitment, accession, assessment, and training processes.
(E) The status and effectiveness of the response to the recommendations contained in the report of the RAND Corporation titled “Barriers to Minority Participation in Special Operations Forces” and any follow-up recommendations.
(F) Recommendations to increase the numbers of minority officers in the Armed Forces.
(G) Recommendations to increase minority participation in covered units.
(H) Any other matters the Secretary determines appropriate.
(3) REPORT TO CONGRESS.—The Secretary shall—
(A) submit to the congressional defense committees a report on the results of the study by not later than January 1, 2022; and
(B) provide interim briefings to such committees upon request.
(b) Designation.—The study conducted under subsection (a) shall be known as the “Study on Reducing Barriers to Minority Participation in Elite Units in the Armed Services”.
(1) IN GENERAL.—Except as provided in paragraph (2), not later than March 1, 2023, the Secretary of Defense shall commence the implementation of each recommendation included in the final report submitted under subsection (a)(3).
(A) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommendation described paragraph (1) later than March 1, 2023, if—
(i) the Secretary submits to the congressional defense committees, not later than January 1, 2023, written notice of the intent of the Secretary to delay implementation of the recommendation; and
(ii) includes, as part of such notice, a specific justification for the delay in implementing the recommendation.
(B) NONIMPLEMENTATION.—The Secretary of Defense may elect not to implement a recommendation described in paragraph (1), if—
(i) the Secretary submits to the congressional defense committees, not later than January 1, 2023, written notice of the intent of the Secretary not to implement the recommendation; and
(ii) includes, as part of such notice—
(I) the reasons for the Secretary’s decision not to implement the recommendation; and
(II) a summary of alternative actions the Secretary will carry out to address the purposes underlying the recommendation.
(3) IMPLEMENTATION PLAN.—For each recommendation that the Secretary implements under this subsection, the Secretary shall submit to the congressional defense committees an implementation plan that includes—
(A) a summary of actions the Secretary has carried out, or intends to carry out, to implement the recommendation; and
(B) a schedule, with specific milestones, for completing the implementation of the recommendation.
(d) Covered units defined.—In this section, the term “covered units” means the following:
(1) Army Special Forces.
(2) Army Rangers.
(3) Navy SEALs.
(4) Air Force Combat Control Teams.
(5) Air Force Pararescue.
(6) Air Force Special Reconnaissance.
(7) Marine Raider Regiments.
(8) Marine Corps Force Reconnaissance.
(9) Coast Guard Maritime Security Response Team.
(10) Any other forces designated by the Secretary of Defense as special operations forces.
(11) Pilot and navigator military occupational specialties.
(a) Promulgation of policy.—The Secretary of Defense and each Secretary of a military department shall promulgate a policy to promote, to the maximum extent possible, the depiction of marginalized communities in projects with the film, television, and publishing industries carried out through the respective offices of public affairs.
(b) Consideration of depiction of certain communities.—The Secretary of Defense and each Secretary of a military department shall consider the promotion of a marginalized community as an affirmative factor in any decision to provide assistance to a production studio or publishing company through the respective offices of public affairs.
(c) Report to Congress.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on—
(1) the policies promulgated under subsection (a); and
(2) the activities carried out by the Secretary of Defense and each such Secretary of a military department pursuant to such subsection.
(d) Definition of marginalized community.—In this section, the term “marginalized community” means a community—
(1) that is (or historically was) under-represented in the film, television, and publishing industries, including—
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities;
(D) members of the LGBTQ community;
(E) individuals of all ages; and
(F) other individuals from under-represented communities; and
(2) whose members have served in the Armed Forces.
(a) Plan required.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a plan to ensure that the career of a covered individual is not unduly affected because of being a covered individual. The plan shall address the following policy considerations:
(1) Enforcement and implementation of the Pregnancy Discrimination Act (Public Law 95–555; 42 U.S.C. 2000e(k)) by the Department of Defense and the Equal Employment Opportunity Commission with regards to civilian employees of the Department of Defense.
(2) The need for individual determinations regarding the ability of members of the Armed Forces to serve during and after pregnancy.
(3) Responses to the effects specific to covered individuals who reintegrate into home life after deployment.
(4) Pregnancy discrimination training, including comprehensive education of new policies to diminish stigma, stereotypes, and negative perceptions regarding covered individuals, including with regards to commitment to the Armed Forces and abilities.
(5) Opportunities to maintain readiness when positions are unfilled due to pregnancy, medical conditions arising from pregnancy or childbirth, pregnancy convalescence, or parental leave.
(6) Reasonable accommodations for covered individuals in general and specific accommodations based on career field or military occupational specialty.
(7) Reissuing school enrollments or special assignments to covered individuals.
(8) Extended assignments and performance reporting periods for covered individuals.
(9) A mechanism by which covered individuals may report harassment or discrimination, including retaliation, relating to being a covered individual.
(b) Report on plan.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report detailing the plan required under this section and a strategy to implement the plan.
(c) Implementation.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense shall—
(1) complete implementation of the plan under this section; and
(2) submit to the congressional defense committees a report detailing the research performed, considerations, and policy changes implemented under this section.
(d) Covered individual defined.—In this section, the term “covered individual” means a member of the Armed Forces or employee of the Department of Defense who—
(1) is pregnant;
(2) gives birth to a child; or
(3) incurs a medical condition arising from pregnancy or childbirth.
(a) Service medal required.—The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).
(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.
(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.
(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.
(a) Authorization.—Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the United States Armed Forces, the President of the United States is authorized to award the Distinguished-Service Cross under section 7272 of such title to Ramiro F. Olivo for the acts of valor during the Vietnam War described in subsection (b).
(b) Acts of valor described.—The acts of valor described in this subsection are the actions of Ramiro F. Olivo on May 9, 1968, as a member of the Army while serving in the Republic of Vietnam with Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.
The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.
(a) In general.—Section 2193b of title 10, United States Code, is amended—
(1) in the section heading, by striking “science, mathematics, and technology” and inserting “science, technology, engineering, art and design, and mathematics”;
(2) in subsection (a), by striking “science, mathematics, and technology” and inserting “science, technology, engineering, art and design, and mathematics”; and
(3) in subsection (b), by striking “mathematics, science, and technology” and inserting “science, technology, engineering, art and design, and mathematics”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 111 of title 10, United States Code, is amended by striking the item relating to section 2193b and inserting the following new item:
“2193b. Improvement of education in technical fields: program for support of elementary and secondary education in science, technology, engineering, art and design, and mathematics.”.
Section 2193b(h) of title 10, United States Code, is amended by inserting “the Commonwealth of the Northern Mariana Islands, American Samoa, ” before “and Guam”.
The Secretary of the Army shall prescribe regulations or establish policies that, with regards to the headstone for an individual interred at Arlington National Cemetery, prohibit the charging of a fee for, or counting towards character or line count, the following acronyms:
(1) “KIA” for an individual killed in action.
(2) “MIA” for an individual who was missing in action.
(3) “POW” for an individual who was a prisoner of war.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability, and current practice (if any), of the Department of Defense of granting requests by members of the Armed Forces who are in academic status (whether at the military service academies or in developmental education programs) and who are victims of sexual assault to be placed on a Non-Rated Period for their performance report.
It is the sense of Congress that the Chiefs of the Armed Forces, in coordination with the Recruiting Commands of the Armed Forces, should give all due consideration to the use of local broadcasting and traditional news publishers when advertising.
(a) Study.—The Secretary of Defense shall conduct a study on the financial hardships experienced by members of the Armed Forces (including the reserve components) as a result of the COVID–19 pandemic.
(b) Elements.—The study shall—
(1) examine the financial hardships members of the Armed Forces experience as a result of the COVID–19 pandemic, including the effects of stop movement orders, loss of spousal income, loss of hazardous duty incentive pay, school closures, loss of childcare, loss of educational benefits, loss of drill and exercise pay, cancelled deployments, and any additional financial stressors identified by the Secretary;
(2) recommend best practices to provide assistance for members of the Armed Forces experiencing the financial hardships listed in paragraph (1); and
(3) identify actions that can be taken by the Secretary to prevent financial hardships listed in paragraph (1) from occurring in the future.
(c) Consultation and coordination.—For the purposes of the study, the Secretary shall—
(1) consult with the Director of the Consumer Financial Protection Bureau; and
(2) with respect to members of the Coast Guard, coordinate with the Secretary of Homeland Security.
(d) Submission.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the study under subsection (a).
(e) Definitions.—In this section—
(1) the term “financial hardship” means a loss of income or an unforeseen expense as a result of closures and changes in operations in response to the COVID–19 pandemic; and
(2) the term “appropriate congressional committees” means the Committees on Armed Services of the Senate and House of Representatives.
(a) Findings.—Congress find the following:
(1) The Dover Air Force Base is home more than 4,000 active-duty military and civilian employees tasked with defending the United States of America.
(2) The Dover Air Force Base supports the mission of the th Airlift Wing, known as “Eagle Wing” and the 512th Airlift Wing, known as Liberty Wing.
(3) The “Eagle Wing” serves as a unit of the Eighteenth Air Force headquartered with the Air Mobility Command at Scott Air Force Base in Illinois.
(4) The “Eagle Wing” flies hundreds of missions throughout the world and provides a quarter of the United States’ strategic airlift capability and boasts a global reach to over 100 countries around the world.
(5) The Dover Air Force Base houses incredible aircrafts utilized by the United States Air Force, including the C-5M Super Galaxy and C-17A Globemaster III aircraft.
(6) The Dover Air Force Base operates the largest and busiest air freight terminal in the Department of Defense, fulfilling an important role in our Nation’s military.
(7) The Air Mobility Command Museum is located on the Dover Air Force base and welcomes thousands of visitors each year to learn more about the United States Air Force.
(8) The Charles C. Carson Center for Mortuary Affairs fulfills our Nation’s sacred commitment of ensuring dignity, honor and respect to the fallen and care service and support to their families.
(9) The mortuary mission at Dover Air Force Base dates back to 1955 and is the only Department of Defense mortuary in the continental United States.
(10) Service members who serve at the Center for Mortuary Affairs are often so moved by their work that they voluntarily elect to serve multiple tours because they feel called to serve our fallen heroes.
(b) Sense of congress.—Congress—
(1) honors and expresses sincerest gratitude to the women and men of the Dover Air Force Base for their distinguished service;
(2) acknowledges the incredible sacrifice and service of the families of active duty members of the United States military;
(3) encourages the people of the United States to keep in their thoughts and their prayers the women and men of the United States Armed Forces; and
(4) recognizes the incredibly unique and important work of the Air Force Mortuary Affairs Operations and the role they play in honoring our fallen heroes.
(a) Study required.—Not later than September 30, 2021, the Comptroller General of the United States shall conduct a study regarding women involuntarily separated or discharged from the Armed Forces due to pregnancy or parenthood during the period of 1951 through 1976. The study shall identify—
(1) the number of such women, disaggregated by—
(A) Armed Force;
(B) grade;
(C) race; and
(D) ethnicity;
(2) the characters of such discharges or separations;
(3) discrepancies in uniformity of such discharges or separations;
(4) how such discharges or separations affected access of such women to health care and benefits through the Department of Veterans Affairs; and
(5) recommendations for improving access of such women to resources through the Department of Veterans Affairs.
(b) Report.—Not later than 30 days after completing the study under subsection (a), the Comptroller General shall submit to Congress a report containing the results of that study.
(a) Report required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the transportation of the remains of decedents under the jurisdiction of the Secretary of a military department pursuant to section 1481 of title 10, United States Code.
(b) Elements.—The report under this section shall include the following:
(1) Whether the Secretary of Defense maintains of a list or database of airports that accept remains of decedents.
(2) How information in the list or database described in paragraph (1) is transmitted to casualty assistance call officers.
(3) Regulations and guidance prescribed by the Secretary of Defense or Secretaries of the military departments regarding transportation of the remains of decedents.
(4) Any changes made during 2020 to regulations or guidance described in paragraph (3) by the Secretary of the Navy.
(5) Recommendations of the Secretary of Defense to improve regulations or guidance described in paragraph (3).
Section 582(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 763 note) is amended—
(1) in paragraph (1), by striking “October 1, 2020” and inserting “October 1, 2025”; and
(A) in the matter preceding subparagraph (A), by striking “September 30, 2020” and inserting “September 30, 2025”;
(B) in subparagraph (B), by inserting “, the explosive ordnance disposal commandant (chief of explosive ordnance disposal),” before “qualified”; and
(C) by adding at the end the following new subparagraph:
“(G) The explosive ordnance disposal commandant (chief of explosive ordnance disposal) has ensured that explosive ordnance disposal soldiers have the mobility skills necessary to support special operations forces (as identified in section 167(j) of title 10, United States Code). Such skills include airborne, air assault, combat diver, fast roping insertion and extraction, helocasting, military free-fall, and off-road driving.”.
Section 136 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(e) The Under Secretary of Defense for Personnel and Readiness shall submit annually to the Committees on Armed Services of the Senate and House of Representatives a report containing an analysis of the costs of living, nationwide, for—
“(1) members of the Armed Forces on active duty; and
“(2) employees of the Department of Defense.”.
(a) Report required.—Not later than March 1, 2021, the Commander of United States Special Operations Command shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Preservation of the Force and Family Program of United States Special Operations Command (in this section referred to as the “Program”).
(b) Elements.—The report under this section shall include the following:
(1) The current structure of professional staff employed by the Program.
(2) A comparison of the current mission requirements and the capabilities of existing personnel of the Program.
(3) An analysis of any emergent needs or skill sets of the Program.
(4) A cost-benefit analysis of hiring, as specialists—
(A) contractors;
(B) civilian personnel of the Department of Defense; or
(C) members of the Armed Forces.
(a) Study; report.—Not later than September 30, 2021, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of a study regarding how the Armed Forces handle cases of members absent without leave or on unauthorized absence.
(b) Elements.—The study under this section shall include the following:
(1) The procedures and guidelines established by each Armed Force for the investigation of such a case.
(2) The guidelines for distinguishing between—
(A) common cases;
(B) cases that may involve foul play or accident; and
(C) cases wherein the member may be in danger.
(3) The current guidelines for cooperation and coordination between military investigative agencies and—
(A) local law enforcement agencies; and
(B) Federal law enforcement agencies.
(4) The current guidelines for use of traditional and social media in conjunction with such cases.
(5) Military resources available for such cases and any apparent shortfalls in such resources.
(6) How the procedures for such cases vary between Armed Forces.
(7) How the procedures described in paragraph (6) vary from procedures used by local and Federal law enforcement.
(8) Best practices for responding to and investigating such cases.
(9) Any other matter the Comptroller General determines appropriate.
Effective on January 1, 2021, the rates of monthly basic pay for members of the uniformed services are increased by 3.0 percent.
(a) In general.—Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section:
“(a) Allowance required.— (1) Subject to paragraph (2), the Secretary of Defense shall pay to each covered member a basic needs allowance in the amount determined for such member under subsection (b).
“(2) In the event a household contains two or more covered members entitled to receive the allowance under this section in a given year, only one allowance may be paid for that year to a covered member among such covered members whom such covered members shall jointly elect.
“(b) Amount of allowance for a covered member.—
(1) The amount of the monthly allowance payable to a covered member under subsection (a) for a year shall be the aggregate amount equal to—
“(A) the aggregate amount equal to—
“(i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; minus
“(ii) the gross household income of the covered member during the preceding year; and
“(B) divided by 12.
“(2) The monthly allowance payable to a covered member for a year shall be payable for each of the 12 months following March of such year.
“(c) Notice of eligibility.— (1) (A) Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each individual whom the Director estimates will be a covered member during the following year of the potential entitlement of that individual to the allowance described in subsection (a) for that following year.
“(B) The preliminary notice under subparagraph (A) shall include information regarding financial management and assistance programs administered by the Secretary of Defense for which a covered member is eligible.
“(2) Not later than January 31 each year, each individual who seeks to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such individual is a covered member for such year.
“(3) Not later than February 28 each year, the Director shall notify, in writing, each individual the Director determines to be a covered member for such year.
“(d) Election not To receive allowance.— (1) A covered member otherwise entitled to receive the allowance under subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable.
“(2) A covered member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year.
“(e) Definitions.—In this section:
“(1) The term ‘covered member’ means a regular member of an armed force under the jurisdiction of the Secretary of a military department—
“(A) who has completed initial entry training;
“(B) whose gross household income during the most recent year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; and
“(C) who does not elect under subsection (d) not to receive the allowance for such year.
“(2) The term ‘gross household income’ of a covered member for a year for purposes of paragraph (1)(B) does not include any basic allowance for housing received by the covered member (and any dependents of the covered member in the household of the covered member) during such year under section 403 of this title.
“(f) Regulations.—The Secretary of Defense shall prescribe regulations for the administration of this section. Subject to subsection (e)(2), such regulations shall specify the income to be included in, and excluded from, the gross household income of individuals for purposes of this section.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:
“402b. Basic needs allowance for low-income regular members.”.
(a) Per diem for duty outside the continental United States.—
(1) TRANSFER TO CHAPTER 7.—Section 475 of title 37, United States Code, is transferred to chapter 7 of such title, inserted after section 403b, and redesignated as section 405.
(2) REPEAL OF TERMINATION PROVISION.—Section 405 of title 37, United States Code, as added by paragraph (1), is amended by striking subsection (f).
(b) Allowance for funeral honors duty.—
(1) TRANSFER TO CHAPTER 7.—Section 495 of title 37, United States Code, is transferred to chapter 7 of such title, inserted after section 433a, and redesignated as section 435.
(2) REPEAL OF TERMINATION PROVISION.—Section 435 of title 37, United States Code, as added by paragraph (1), is amended by striking subsection (c).
(1) CHAPTER 7.—The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended—
(A) by inserting after the item relating to section 403b the following new item:
“405. Travel and transportation allowances: per diem while on duty outside the continental United States.”; and
(B) by inserting after the item relating to section 433a the following new item:
“435. Funeral honors duty: allowance.”.
(2) CHAPTER 8.—The table of sections at the beginning of chapter 8 of title 37, United States Code, is amended by striking the items relating to sections 475 and 495.
Section 403(b)(2) of title 37, United States Code is amended—
(1) in the first sentence, by inserting “(A)” before “The Secretary”; and
(2) by adding at the end the following:
Section 452(c)(1) of title 37, United States Code, is amended by inserting “(including fares and tolls, without regard to distance travelled)” after “transportation”.
(a) Compensation.—Section 206(a) of title 37, United States Code, is amended—
(1) in paragraph (2), by striking “or” at the end;
(2) in paragraph (3), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following new paragraph:
“(4) for each of 6 days for each period during which the member is on maternity leave.”.
(b) Credit for retired pay purposes.—
(1) IN GENERAL.—The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member's entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.
(2) SEPARATE CREDIT FOR EACH PERIOD OF LEAVE.—Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event.
(3) WHEN CREDITED.—Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences.
(4) CONTRIBUTION OF LEAVE TOWARD ENTITLEMENT TO RETIRED PAY.—Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:
“(F) Points at the rate of 12 per period during which the member is on maternity leave.”.
(5) COMPUTATION OF YEARS OF SERVICE FOR RETIRED PAY.—Section 12733 of such title is amended—
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new paragraph (5):
“(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”.
(c) Effective date.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of maternity leave that commence on or after that date.
(a) Authorities relating to reserve forces.—Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2020” and inserting “December 31, 2021”.
(b) Title 10 authorities relating to health care professionals.—The following sections of title 10, United States Code, are amended by striking “December 31, 2020” and inserting “December 31, 2021”:
(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.
(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
(c) Authorities relating to nuclear officers.—Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2020” and inserting “December 31, 2021”.
(d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2020” and inserting “December 31, 2021”:
(1) Section 331(h), relating to general bonus authority for enlisted members.
(2) Section 332(g), relating to general bonus authority for officers.
(3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty pay.
(8) Section 353(i), relating to skill incentive pay or proficiency bonus.
(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
(e) Authority To provide temporary increase in rates of basic allowance for housing.—Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2020” and inserting “December 31, 2021”.
Section 351(b) of title 37, United States Code, is amended by striking “$250” both places it appears and inserting “$275”.
(a) In general.—Section 351(c) of title 37, United States Code, is amended to read as follows:
“(c) Payment.—Hazardous duty pay shall be paid on a monthly basis.”.
(b) Effective date.—The amendments made by this section shall take effect on October 1, 2020, and shall apply with respect to duty performed in any month beginning on or after that date.
Section 427(a)(1)(B) of title 37, United States Code, is amended by inserting “(or under orders to remain on board the ship while at the home port)” after “of the ship”.
Section 476(p)(5) of title 37, United States Code, is amended in the matter preceding subparagraph (A), by striking “and” and inserting “fees, continuing education courses, and”.
Section 1798(a) of title 10, United States Code, is amended by striking “in combat-related incidents”.
Section 623(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking “the date of the enactment of this Act” and inserting “May 1, 2017”.
(a) In general.—Not later than July 1, 2021, the Secretary of Defense shall develop a method by which to determine appropriate amounts of financial assistance under section 1798 of title 10, United States Code. In such development, the Secretary shall take into consideration the following:
(1) Grades of members of the Armed Forces.
(2) The cost of living in an applicable locale.
(3) Whether a military installation has a military child development center, including any wait list length.
(4) Whether a military child development center has vacant child care employee positions.
(5) The capacity of licensed civilian child care providers in an applicable locale.
(6) The average cost of licensed civilian child care services available in an applicable locale.
(b) Report.—Not later than August 1, 2021, the Secretary shall submit a report the Committees on Armed Services of the Senate and the House of Representatives on the method developed under this section.
(c) Definitions.—In this section, the terms “child care employee” and “military child development center” have the meanings given those terms in section 1800 of title 10, United States Code.
(a) Priority.—If the Secretary of a military department determines that not enough child care employees are employed at a military child development center on a military installation under the jurisdiction of that Secretary to adequately care for the children of members of the Armed Forces stationed at that military installation, the Secretary, to the extent practicable, may give priority for covered military family housing to a member whose spouse is an eligible military spouse.
(b) Number of priority positions.—A Secretary of a military department may grant priority under subsection (a) only to the minimum number of eligible military spouses that the Secretary determines necessary to provide adequate child care to the children of members stationed at a military installation described in subsection (a).
(c) Limitation.—Nothing in this section may be construed to require the Secretary of a military department to provide covered military family housing that has been adapted for disabled individuals to a member under this section instead of to a member with one more dependents enrolled in the Exceptional Family Member Program.
(d) Result of failure To provide family home day care services or loss of eligibility.—The Secretary of the military department concerned may remove a household provided covered military family housing under this section therefrom if the Secretary determines the spouse of that member has failed to abide by an agreement described in subsection (e)(3) or has ceased to be an eligible military spouse. Such removal may not occur sooner than 60 days after the date of such determination.
(e) Definitions.—In this section:
(1) The terms “child care employee”, “family home day care”, and “military child development center” have the meanings given those terms in section 1800 of title 10, United States Code.
(2) The term “covered military family housing” means military family housing—
(A) located on a military installation described in subsection (a); and
(B) that the Secretary of the military department concerned determines is large enough to provide family home day care services to no fewer than six children (not including children in the household of the eligible military spouse).
(3) The term “eligible military spouse” means a military spouse who—
(A) is eligible for military family housing;
(B) is eligible to provide family home day care services;
(C) has provided family home day care services for at least 1 year; and
(D) agrees in writing to provide family home day care services in covered military family housing for a period determined by the Secretary of the military department concerned.
(a) Study required.—The Secretary of Defense shall conduct a study on potential enhancements to the military Thrift Savings Plan administered by the Federal Retirement Thrift Investment Board.
(b) Elements.—The study under subsection (a) shall include the following:
(1) An evaluation of the effect of allowing military spouses to contribute or make eligible retirement account transfers to the military Thrift Savings Plan account of the member of the Armed Forces to whom that military spouse in married.
(2) Legislation the Secretary determines necessary to permit contributions and transfers described in paragraph (1).
(3) An evaluation of whether and to what extent employer-funded matching of contributions described in paragraph (1) may encourage further participation in the military Thrift Savings Plan.
(1) INITIAL REPORT.—Not later than February 1, 2021, the Secretary of Defense shall submit to the Federal Retirement Thrift Investment Board a report on the results of the study under subsection (a).
(2) ANALYSIS.—Not later than 60 days after receiving the report under paragraph (1), the Federal Thrift Savings Retirement Board shall analyze the report under paragraph (1), generate recommendations and comments it determines appropriate, and submit such analysis, recommendations, and comments to the Secretary.
(3) FINAL REPORT.—Not later than April 1, 2021, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the report under paragraph (1) and the analysis, recommendations, and comments under paragraph (2).
(a) Short title.—This section may be referred to as the “Gold Star Families Parks Pass Act”.
(b) Gold star families parks pass.—Section 805(b) of division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 6804(b); 118 Stat. 3386), is amended by adding at the end the following new paragraph:
“(3) GOLD STAR FAMILIES PARKS PASS.—The Secretary shall make the National Parks and Federal Recreational Lands Pass available, at no cost, to members of Gold Star Families, as defined by section 3.2 of Department of Defense Instruction 1348.36.”.
(a) Short title.—This section may be cited as the “First Infantry Recognition of Sacrifice in Theater Act” or the “FIRST Act”.
(b) Authorization.—The Society of the First Infantry Division (an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that code), may make modifications (including construction of additional plaques and stone plinths on which to put the plaques) to the First Division Monument located on Federal land in President’s Park in the District of Columbia that was set aside for memorial purposes of the First Infantry Division, in order to honor the members of the First Infantry Division who paid the ultimate sacrifice during United States operations, including Operation Desert Storm, Operation Iraqi Freedom and New Dawn, and Operation Enduring Freedom. The First Infantry Division at the Department of the Army shall collaborate with the Department of Defense to provide to the Society of the First Infantry Division the list of names to be added.
(c) Non-Application of commemorative works act.—Subsection (b) of section 8903 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to actions taken under subsection (b) of this section.
(d) Funding.—Federal funds may not be used to pay any expense of the activities of the Society of the First Infantry Division which are authorized by this section.
Section 633(a) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 1475 note) is amended—
(1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
(2) by inserting “(1)” before “Each Secretary”;
(3) in the matter preceding paragraph (1), by inserting “a casualty assistance officer who is” after “jurisdiction of such Secretary”;
(4) by striking “spouses and other dependents of members” and all that follows through “services:” and inserting an em dash; and
(5) by inserting before subparagraph (A), as redesignated, the following:
“(A) a spouse and any other dependent of a member of such Armed Force (including the reserve components thereof) who dies on active duty; and
“(B) a dependent described in subparagraph (A) if the spouse of the deceased member dies and the dependent (or the guardian of such dependent) requests such assistance.
“(2) Casualty assistance officers described in paragraph (1) shall provide to spouses and dependents described in that paragraph the following services:”.
(a) Procedures for Access of Surviving Remarried Spouses Required.—The Secretary of Defense, acting jointly with the Secretary of Homeland Security, shall establish procedures by which an eligible remarried spouse may obtain unescorted access, as appropriate, to military installations in order to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services is entitled to by law or policy.
(b) Considerations.— Any procedures established under this section shall—
(1) be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments;
(2) minimize any administrative burden on surviving remarried spouse or dependent child, including through the elimination of any requirement for a remarried spouse to apply as a personal agent for continued access to military installations in accompaniment of a dependent child;
(3) take into account measures required to ensure the security of military installations, including purpose and eligibility for access and renewal periodicity; and
(4) take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate.
(c) Deadline.—The procedures required by subsection (a) shall be established by the date that is not later than 1 year after the date of the enactment of this section.
(d) Definitions.—In this section—
(1) the term “eligible remarried spouse” means an individual who is a surviving former spouse of a covered member of the Armed Forces, who has remarried after the death of the covered member of the Armed Forces and has guardianship of dependent children of the deceased member;
(2) the term “covered member of the Armed Forces” means a member of the Armed Forces who dies while serving—
(A) on active duty; or
(B) on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section.
(a) In general.—Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 1066. Use of commissary stores and MWR facilities: protective services civilian employees
“(a) Eligibility of protective services civilian employees.—An individual employed as a protective services civilian employee at a military installation shall be permitted to purchase food and hygiene items at a commissary store or MWR retail facility located on that military installation.
“(b) User fee authority.— (1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.
“(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.
“(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.
“(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.
“(c) Definitions.—In this section:
“(1) The term ‘MWR retail facility’ has the meaning given that term in section 1063 of this title.
“(2) The term ‘protective services civilian employee’ means a position in any of the following series (or successor classifications) of the General Schedule:
“(A) Security Administration (GS–0080).
“(B) Fire Protection and Prevention (GS–0081).
“(C) Police (GS–0083).
“(D) Security Guard (GS–0085).
“(E) Emergency Management (GS–0089).”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by adding at the end the following new item:
“1066. Use of commissary stores and MWR facilities: protective services civilian employees.”.
Section 1146 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Emergency response providers during a declared major disaster or emergency.—The Secretary of Defense shall prescribe regulations to allow an emergency response provider (as that term is defined in section 2 of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101)) to use a mobile commissary or exchange store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).”.
(a) In general.—Not later than March 1, 2021, the Chief Management Officer of the Department of Defense, in coordination with the Undersecretary of Defense for Personnel and Readiness, shall update the study titled “Study to Determine the Feasibility of Consolidation of the Defense Resale Entities” and dated December 4, 2018, to include a new business case analysis that—
(1) establishes new baselines for—
(A) savings from the costs of goods sold;
(B) costs of new information technology required for such consolidation; and
(C) costs of headquarters relocation arising from such consolidation; and
(2) addresses each recommendation for executive action in the Government Accountability Office report GAO–20–418SU.
(b) Review and comment.—Not later than April 1, 2021, the Secretary of Defense shall make the updated business case analysis (in this section referred to as the “updated BCA”) available to the Secretaries of the military departments for comment.
(c) Submittal to congressional committees.—Not later than June 1, 2021, the Secretary of Defense shall make any comments made under subsection (b) and the updated BCA available to the Committees on Armed Services of the Senate and the House of Representatives.
(d) Delay of consolidation.—The Secretary of Defense may not take any action to consolidate military exchanges and commissaries until the Committees on Armed Services of the Senate and the House of Representatives notify the Secretary in writing of receipt and acceptance of the updated BCA.
(1) OPERATION AND MAINTENANCE.—Of the amounts authorized to be appropriated for fiscal year 2021 in division D of this Act and available for operations and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $9,000,000 shall be made available for the purpose of maintaining the operations and publication of Stars and Stripes.
(2) CONTINGENCY OPERATIONS.—Of the amounts authorized to be appropriated for fiscal year 2021 in division D of this Act and available for overseas contingency operations for Defense-wide activities as specified in the funding tables in section 4301 of this Act, $6,000,000 shall be made available for the purpose of maintaining the operations and publication of Stars and Stripes.
(b) Report on business case analysis.—Not later than March 1, 2021, the Secretary of Defense, in coordination with the editor of Stars and Stripes, shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives detailing the business case analysis for various options for Stars and Stripes. The report shall contain the following elements:
(1) An analysis of the pros and cons of, and business case for, continuing the operation and publication of Stars and Stripes at its current levels, including other options for the independent reporting currently provided, especially in a deployed environment.
(2) An analysis of the modes of communication used by Stars and Stripes.
(3) An analysis of potential reduced operations of Stars and Stripes.
(4) An analysis of the operation of Stars and Stripes solely as a non-appropriated entity.
(5) An analysis of operating Stars and Stripes as a category B morale, welfare, and recreation entity.
(6) An assessment of the value of the availability of Stars and Stripes (in print or an electronic version) to deployed or overseas members of the Armed Forces.
Section 403 of title 37, United States Code, is amended by adding at the end the following:
“(p) Information on rights and protections under Servicemembers Civil Relief Act.—The Secretary of Defense shall provide to each member of a uniformed service who receives a basic allowance for housing under this section information on the rights and protections available to such member under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.).”.
Section 1074m of title 10, United States Code, is amended by adding at the end the following new subsection:
“(g) Mental health assessments for participation in certain activities.— (1) The Secretary shall provide to a member described in paragraph (2) mental health assessments under this section in a frequency and schedule that the Secretary determines to be as similar as practicable to the frequency and schedule for such assessments under subsection (a)(1).
“(2) A member described in this paragraph is a member who, while not deployed in support of a contingency operation, participated in warfighting activities that had a direct and immediate impact on a combat operation or other military operation.”.
Section 1090a of title 10, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection:
“(e) Process applicable to member disclosure.—The regulations required by subsection (a) shall—
“(1) establish a phrase that enables a member of the armed forces to trigger a referral of the member by a commanding officer or supervisor for a mental health evaluation;
“(2) require a commanding officer or supervisor to make such referral as soon as practicable following disclosure by the member to the commanding officer or supervisor of the phrase established under paragraph (1); and
“(3) ensure that the process protects the confidentiality of the member in a manner similar to the confidentiality provided for members making restricted reports under section 1565b(b) of this title.”.
(a) Periodic health assessment.—The Secretary of Defense shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been—
(1) based or stationed at a military installation identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
(2) exposed to such substances, including by evaluating any information in the health record of the member.
(b) Separation history and physical examinations.—Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—
“(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
“(ii) exposed to such substances, including by assessing any information in the health record of the member.”.
(c) Deployment assessments.—Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(E) An assessment of whether the member was—
“(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
“(ii) exposed to such substances, including by assessing any information in the health record of the member.”.
(d) Provision of blood testing.—
(1) MEMBERS OF THE ARMED FORCES.—
(A) IN GENERAL.—If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation and at no additional cost to that member, blood testing to determine and document potential exposure to such substances.
(B) INCLUSION IN HEALTH RECORD.—The results of blood testing of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.
(2) COVERED EVALUATION DEFINED.—In this subsection, the term “covered evaluation” means—
(A) a periodic health assessment conducted in accordance with subsection (a);
(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); and
(C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by subsection (c).
Section 1074d(b)(2) of title 10, United States Code, is amended by inserting before the period at the end the following: “, including through the use of digital breast tomosynthesis”.
Section 1079b of title 10, United States Code, is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection (b):
“(b) Waiver of fees.—Under the procedures implemented under subsection (a), a military medical treatment facility may waive a fee charged under such procedures to a civilian who is not a covered beneficiary if—
“(1) after insurance payments, if any, the civilian is not able to pay for the trauma or other medical care provided to the civilian; and
“(2) the provision of such care enhanced the medical readiness of the health care provider or health care providers furnishing such care.”.
(a) Extended benefits for eligible dependents.—Subsection (e) of section 1079 of title 10, United States Code, is amended to read as follows:
“(e) (1) Extended benefits for eligible dependents under subsection (d) may include comprehensive health care services (including services necessary to maintain, or minimize or prevent deterioration of, function of the patient) and case management services with respect to the qualifying condition of such a dependent, and include, to the extent such benefits are not provided under provisions of this chapter other than under this section, the following:
“(A) Diagnosis and screening.
“(B) Inpatient, outpatient, and comprehensive home health care supplies and services which may include cost effective and medically appropriate services other than part-time or intermittent services (within the meaning of such terms as used in the second sentence of section 1861(m) of the Social Security Act).
“(C) Rehabilitation and habilitation services and devices.
“(D) Institutional care in private nonprofit, public, and State institutions and facilities and, if appropriate, transportation to and from such institutions and facilities.
“(E) Custodial care, notwithstanding the prohibition in section 1077(b)(1) of this title.
“(F) In accordance with paragraph (2), respite care for the primary caregiver of the eligible dependent.
“(G) In accordance with paragraph (3), service and modification of durable equipment and assistive technology devices.
“(H) Special education.
“(I) Vocational training, which may be furnished to an eligible dependent in the residence of the eligible dependent or at a facility in which such training is provided.
“(J) In accordance with paragraph (4), adaptations to the private residence and vehicle of the eligible dependent.
“(K) Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in subsection (a)(12).
“(2) Respite care under paragraph (1)(F) shall be provided subject to the following conditions:
“(A) Pursuant to regulations prescribed by the Secretary for purposes of this paragraph, such respite care shall be limited to—
“(i) 50 hours per month for a primary caregiver not covered by clause (ii); or
“(ii) 40 hours per week for cases where the Secretary determines that the plan of care for the eligible dependent includes frequent interventions by the primary caregiver.
“(B) Unused hours of respite care may not be carried over to another month.
“(C) Such respite care may be provided to an eligible beneficiary regardless of whether the eligible beneficiary is receiving another benefit under this subsection.
“(3) (A) Service and modification of durable equipment and assistive technology devices under paragraph (1)(G) may be provided only upon determination by the Secretary that the service or modification is necessary for the use of such equipment or device by the eligible dependent.
“(B) Service and modification of durable equipment and assistive technology devices under such paragraph may not be provided—
“(i) in the case of misuse, loss, or theft of the equipment or device; or
“(ii) for a deluxe, luxury, or immaterial feature of the equipment or device, as determined by the Secretary.
“(C) Service and modification of durable equipment and assistive technology devices under such paragraph may include training of the eligible dependent and immediate family members of the eligible dependent on the use of the equipment or device.
“(4) (A) Adaptations to the private residence and vehicle of the eligible dependent under paragraph (1)(J) may be provided if such adaptations—
“(i) are determined to be medically necessary by the provider responsible for the care of the eligible dependent with respect to the qualifying condition; and
“(ii) are necessary to assist in—
“(I) the reduction of the disabling effects of the qualifying condition; or
“(II) maintenance of the present functionality of the eligible dependent.
“(B) With respect to a vehicle, adaptations may be provided under such paragraph if the vehicle is the primary means of transportation of the eligible dependent.”.
(b) Conforming amendment.—Subsection (f) of such section is amended by striking “paragraph (3) or (4) of subsection (e)” each place it appears and inserting “subparagraph (C), (D), (G), (H), or (I) of subsection (e)(1)”.
(c) Additional requirements in Office of Special Needs annual report.—Section 1781c(g)(2) of title 10, United States Code, is amended—
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following new subparagraph (C):
“(C) With respect to the Extended Care Health Option program under section 1079(d) of ths title—
“(i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year;
“(ii) a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents;
“(iii) an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Secretary may take to address these factors; and
“(iv) an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait.”.
(d) Comptroller General report.—The Comptroller General of the United States shall submit to Congress a report containing a study on caregiving available through programs such as State Home and Community Based Services and the Program of Comprehensive Assistance for Family Caregivers of the Department of Veterans Affairs under section 1720G of title 38, United States Code. The report shall—
(1) include input from payers, administrators, consumers, and advocates in order to analyze best practices for administering programs to support caregivers of individuals with intellectual or physical disabilities; and
(2) compare the provision of respite and related care through the Extended Care Health Option program under section 1079(d) of title 10, United States Code, to recognized best practices and, if needed, make recommendations for improvement.
(e) Effective date.—The amendments made by this section shall take effect October 1, 2020.
(1) INCREASE.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Defense Health Program, In-House Care, is hereby increased by $15,000,000.
(2) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Defense Health Program, Private Sector Care, is hereby reduced by $15,000,000.
Section 1077(g) of title 10, United States Code, is amended—
(1) by striking “In addition” and inserting “(1) In addition”; and
(2) by adding at the end the following new paragraph:
(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1073d the following new section:
Ҥ 1073e. Protection of armed forces from infectious diseases
“(a) Protection.—The Secretary of Defense shall ensure that the armed forces have the diagnostic equipment, testing capabilities, and personal protective equipment necessary to protect members of the armed forces from the threat of infectious diseases and to treat members who contract infectious diseases.
“(b) Requirements.—In carrying out subsection (a), the Secretary shall ensure the following:
“(1) Each military medical treatment facility has the testing capabilities described in such subsection.
“(2) Each deployed naval vessel has the testing capabilities described in such subsection.
“(3) Members of the armed forces deployed in support of a contingency operation outside of the United States have access to the testing capabilities described in such subsection, including at field hospitals, combat support hospitals, field medical stations, and expeditionary medical facilities.
“(4) The Department of Defense maintains a stock of personal protective equipment in a quantity sufficient for each member of the armed forces, including the reserve components thereof.
“(c) Research and development.— (1) The Secretary shall include with the defense budget materials (as defined by section 231(f) of this title) for a fiscal year a plan to research and develop vaccines for infectious diseases.
“(2) The Secretary shall ensure that the medical laboratories of the Department of Defense are equipped with the technology needed to facilitate rapid research in the case of a pandemic.”.
(b) Clerical amendment.—The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 1073d the following new item:
“1073e. Protection of armed forces from infectious diseases.”.
(a) National security strategy for national technology and industrial base.—Section 2501(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(11) Providing for the provision of drugs, biological products, vaccines, and critical medical supplies (including personal protective equipment, diagnostic and testing capabilities, and lifesaving breathing apparatuses required for the treatment of severe respiratory illness and respiratory distress) required to enable combat readiness and protect the health of the armed forces.”.
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the heads of other departments and agencies of the Federal Government that the Secretary of Defense determines appropriate, shall submit to the appropriate congressional committees a report on vulnerabilities to the drugs, biological products, vaccines, and critical medical supplies of the Department of Defense.
(2) MATTERS INCLUDED.—The report under paragraph (1) shall include—
(A) an identification and origin of any finished drugs, as identified by the Secretary of Defense, and the essential components of such drugs, including raw materials, chemical components, and active pharmaceutical ingredients that are necessary for the manufacture of such drugs, whose supply is at risk of disruption during a time of war or national emergency;
(B) an identification of shortages of finished drugs, biological products, vaccines, and critical medical supplies essential for combat readiness and the protection of the health of the Armed Forces, as identified by the Secretary of Defense;
(C) an identification of the defense and geopolitical contingencies that are sufficiently likely to arise that may lead to the discontinuance, interruption or meaningful disruption in the supply of a drug, biological product, vaccine, or critical medical supply, and recommendations regarding actions the Secretary of Defense should take to reasonably prepare for the occurrence of such contingencies;
(D) an identification of any barriers that exist to manufacture finished drugs, biological products, vaccines, and critical medical supplies in the United States, including with respect to regulatory barriers by the Federal Government and whether the raw materials may be found in the United States;
(E) an identification of potential partners of the United States with whom the United States can work with to realign the manufacturing capabilities of the United States for such finished drugs, biological products, vaccines, and critical medical supplies;
(F) an assessment conducted by the Secretary of Defense of the resilience and capacity of the current supply chain and industrial base to support national defense upon the occurrence of the contingencies identified in subparagraph (C), including with respect to—
(i) the manufacturing capacity of the United States;
(ii) gaps in domestic manufacturing capabilities, including non-existent, extinct, threatened, and single-point-of-failure capabilities; and
(iii) supply chains with single points of failure and limited resiliency; and
(G) recommendations to enhance and strengthen the surge requirements and readiness contracts of the Department of Defense to ensure the sufficiency of the stockpile of the Department of, and the ready access by the Department to, critical medical supplies, pharmaceuticals, vaccines, counter-measure prophylaxis, and personal protective equipment, including with respect to the effectiveness of the theater lead agent for medical materiel program in support of the combatant commands.
(3) FORM.—The report under paragraph (1) shall be submitted in classified form.
(4) DEFINITIONS.—In this subsection:
(A) The term “appropriate congressional committees” means the following:
(i) The congressional defense committees.
(ii) The Committee on Energy and Commerce and the Committee on Homeland Security of the House of Representatives.
(iii) The Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate.
(B) The term “critical medical equipment” includes personal protective equipment, diagnostic tests, testing supplies, and lifesaving breathing apparatuses required to treat severe respiratory illnesses and distress.
Section 2113(g)(1) of title 10, United States Code, is amended—
(1) in subparagraph (E), by striking “and” at the end;
(2) in subparagraph (F), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new subparagraph:
Section 1073c(e) of title 10, United States Code, is amended by striking “September 30, 2022” and inserting “September 30, 2025”.
Section 719 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1454) is amended—
(1) in subsection (a), in the matter preceding paragraph (1), by striking “may not realign or reduce military medical end strength authorizations until” and inserting the following: “may not realign or reduce military medical end strength authorizations during the one-year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, and after such period, may not realign or reduce such authorizations unless”; and
(2) in subsection (b)(1), by inserting before the period at the end the following: “, including with respect to both the homeland defense mission and pandemic influenza”.
Section 703(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2199) is amended—
(1) in paragraph (2), by striking subparagraph (D) and inserting the following new subparagraph:
“(D) A description of how the Secretary will carry out subsection (b), including with respect to—
“(i) the standards required for health care providers to accept and transition covered beneficiaries to the purchased care component of the TRICARE program;
“(ii) a method to monitor and report on quality benchmarks for the beneficiary population that is required to transition to such component of the TRICARE program; and
“(iii) a process by which the Defense Health Agency will ensure that such component of the TRICARE program has the required capacity.”; and
(2) by adding at the end the following new paragraph:
“(4) NOTICE AND WAIT.—The Secretary may not implement the plan under paragraph (1) unless—
“(A) the Secretary has submitted the plan to the congressional defense committees; and
“(B) a 1-year period elapses following the later of the date of such submission or the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021.”.
(a) Requirement.—The Secretary of Defense shall develop a policy and tracking mechanism for opioids that monitors and prohibits the over prescribing of opioids to ensure compliance with clinical practice guidelines and prescribing guidelines published by the Centers for Disease Control and Prevention and the Food and Drug Administration.
(b) Elements.—The requirements under subsection (a) shall include the following:
(1) Limit the prescribing of opioids to the morphine milligram equivalent level per day specified in the guideline published by the Centers for Disease Control and Prevention titled “CDC Guideline for Prescribing Opioids for Chronic Pain—United States, 2016”, or such successor guideline.
(2) Limit the supply of opioids to within clinically accepted guidelines.
(3) Develop a waiver process for specific patient categories that will require treatment beyond the limit specified in paragraph (1) and, as appropriate, ensure overdose reversal drugs are co-prescribed.
(4) Implement controls to ensure that the prescriptions in the military health system data repository exist and that the dispense date and the metric quantity field for opioid prescriptions in liquid form are consistent among all systems.
(5) Implement opioid prescribing controls within the electronic health record system known as “Genesis” and document if an overdose reversal drug was co-prescribed.
(6) Develop metrics that can be used by the Defense Health Agency and each military medical treatment facility to actively monitor and limit the over prescribing of opioids and to monitor the co-prescribing of overdose reversal drugs as accessible interventions.
(7) Develop a report that tracks progression toward reduced levels of opioid use and includes an identification of prevention best practices established by the Department.
(a) Updates to electronic health records.—Beginning not later than 1 year after the date of the enactment of this Act—
(1) the Secretary of Defense shall ensure that the electronic health record maintained by such Secretary of a member of the Armed Forces registered with the burn pit registry is updated with any information contained in such registry; and
(2) the Secretary of Veterans Affairs shall ensure that the electronic health record maintained by such Secretary of a veteran registered with the burn pit registry is updated with any information contained in such registry.
(b) Burn pit registry defined.—In this section, the term “burn pit registry” means the registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
Section 1073d of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f) Maintenance of certain medical services at Service Academies.— (1) In carrying out subsection (a), the Secretary of Defense shall ensure that each military medical treatment facility located at a Service Academy (as defined in section 347 of this title) provides each covered medical service unless the Secretary determines that a civilian health care facility located not fewer than five miles from the Service Academy provides the covered medical service.
“(2) In this subsection, the term ‘covered medical service’ means the following:
“(A) Emergency room services.
“(B) Orthopedic services.
“(C) General surgery services.
“(D) Ear, nose, and throat services.
“(E) Gynecological services.
“(F) Ophthalmology services.
“(G) In-patient services.
“(H) Any other medical services that the relevant Superintendent of the Service Academy determines necessary to maintain the readiness and health of the cadets or midshipmen and members of the armed forces at the Service Academy.”.
(a) Demonstration project required.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall commence the conduct of a demonstration project designed to evaluate the cost, quality of care, and impact on maternal and fetal outcomes of using extramedical maternal health providers under the TRICARE program to determine the appropriateness of making coverage of such providers under the TRICARE program permanent.
(b) Elements of demonstration project.—The demonstration project under subsection (a) shall include, for participants in the demonstration project, the following:
(1) Access to doulas.
(2) Access to lactation consultants who are not otherwise authorized to provide services under the TRICARE program.
(c) Participants.—The Secretary shall establish a process under which covered beneficiaries may enroll in the demonstration project in order to receive the services provided under the demonstration project.
(d) Duration.—The Secretary shall carry out the demonstration project for a period of 5 years beginning on the date on which notification of the commencement of the demonstration project is published in the Federal Register.
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the duration of the demonstration project, the Secretary shall administer a survey to determine—
(A) how many members of the Armed Forces or spouses of such members give birth while their spouse or birthing partner is unable to be present due to deployment, training, or other mission requirements;
(B) how many single members of the Armed Forces give birth alone; and
(C) how many members of the Armed Forces or spouses of such members use doula support or lactation consultants.
(2) MATTERS COVERED BY THE SURVEY.—The survey administered under paragraph (1) shall include an identification of the following:
(A) The race, ethnicity, age, sex, relationship status, military service, military occupation, and rank, as applicable, of each individual surveyed.
(B) If individuals surveyed were members of the Armed Forces or the spouses of such members, or both.
(C) The length of advanced notice received by individuals surveyed that the member of the Armed Forces would be unable to be present during the birth, if applicable.
(D) Any resources or support that the individuals surveyed found useful during the pregnancy and birth process, including doula or lactation counselor support.
(1) IMPLEMENTATION PLAN.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement the demonstration project.
(A) IN GENERAL.—Not later than 1 year after the commencement of the demonstration project, and annually thereafter for the duration of the demonstration project, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the cost of the demonstration project and the effectiveness of the demonstration project in improving quality of care and the maternal and fetal outcomes of covered beneficiaries enrolled in the demonstration project.
(B) MATTERS COVERED.—Each report submitted under subparagraph (A) shall address, at a minimum, the following:
(i) The number of covered beneficiaries who are enrolled in the demonstration project.
(ii) The number of enrolled covered beneficiaries who have participated in the demonstration project.
(iii) The results of the surveys under subsection (f).
(iv) The cost of the demonstration project.
(v) An assessment of the quality of care provided to participants in the demonstration project.
(vi) An assessment of the impact of the demonstration project on maternal and fetal outcomes.
(vii) An assessment of the effectiveness of the demonstration project.
(viii) Recommendations for adjustments to the demonstration project.
(ix) The estimated costs avoided as a result of improved maternal and fetal health outcomes due to the demonstration project.
(x) Recommendations for extending the demonstration project or implementing permanent coverage under the TRICARE program of extramedical maternal health providers.
(xi) An identification of legislative or administrative action necessary to make the demonstration project permanent.
(C) FINAL REPORT.—The final report under subparagraph (A) shall be submitted not later than 90 days after the termination of the demonstration project.
(g) Expansion of demonstration project.—
(1) REGULATIONS.—If the Secretary determines that the demonstration project is successful, the Secretary may prescribe regulations to include extramedical maternal health providers as health care providers authorized to provide care under the TRICARE program.
(2) CREDENTIALING AND OTHER REQUIREMENTS.—The Secretary may establish credentialing and other requirements for doulas and lactation consultants through public notice and comment rulemaking for purposes of including doulas and lactation consultations as health care providers authorized to provide care under the TRICARE program pursuant to regulations prescribed under paragraph (1).
(h) Definitions.—In this section:
(1) EXTRAMEDICAL MATERNAL HEALTH PROVIDER.—The term “extramedical maternal health provider” means a doula or lactation consultant.
(2) COVERED BENEFICIARY; TRICARE PROGRAM.—The terms “covered beneficiary” and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.
(a) Establishment.—The Secretary of Defense shall establish a panel to be known as the “COVID–19 Military Health System Review Panel” (in this section referred to as the “panel”).
(1) MEMBERS.—The panel shall be composed of the following members:
(A) The President of the Uniformed Services University of the Health Sciences.
(B) The Director of the Defense Health Agency.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) The Joint Staff Surgeon.
(G) The Deputy Assistant Secretary of Defense for Health Readiness Policy and Oversight.
(H) The Deputy Assistant Secretary of Defense for Health Resources Management and Policy.
(2) CHAIRPERSON.—The chairperson of the panel shall be the President of the Uniformed Services University of the Health Sciences.
(3) TERMS.—Each member shall be appointed for the life of the panel.
(1) IN GENERAL.—The panel shall—
(A) review the response of the military health system to the coronavirus disease 2019 (COVID–19) and the effects of COVID–19 on such system, including by analyzing any strengths or weaknesses of such system identified as a result COVID–19; and
(B) using information from the review, make such recommendations as the panel considers appropriate with respect to any policy, practice, organization, manning level, funding level, or legislative authority relating to the military health system.
(2) ELEMENTS OF REVIEW.—In conducting the review under paragraph (1), each member of the panel shall lead a review of at least one of the following elements, with respect to the military health system:
(A) Policy, including any policy relating to force health protection or medical standards for the appointment, enlistment, or induction of individuals into the Armed Forces.
(B) Public health activities, including any activity relating to risk communication, surveillance, or contact tracing.
(C) Research, diagnostics, and therapeutics.
(D) Logistics and technology.
(E) Force structure and manning.
(F) Governance and organization.
(G) Operational capabilities and operational support.
(H) Education and training.
(I) Health benefits under the TRICARE program.
(J) Engagement and security activities relating to global health.
(K) The financial impact of COVID–19 on the military health system.
(d) Report.—Not later than June 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that includes the findings of the panel as a result of the review under subsection (c)(1)(A), together with such recommendations as the panel considers appropriate under subsection (c)(1)(B).
(e) Termination.—The panel shall terminate on June 1, 2021.
(a) Strategy.—The Secretary of Defense shall develop a strategy for pandemic preparedness and response that includes the following:
(1) Identification of activities necessary to be carried out prior to a pandemic to ensure preparedness and effective communication of roles and responsibilities within the Department of Defense, including—
(A) reviewing the frequency of each exercise conducted by the Department or a military department that relates to a pandemic or severe influenza season or related force health protection;
(B) ensuring such exercises are appropriately planned, resourced, and practiced;
(C) including a consideration of the capabilities and capacities necessary to carry out the strategy under this section, and related operations for force health protection, and ensuring that these are included in each cost evaluation, Defense-wide review, or manning assessment of the Department of Defense that affects such capabilities and capacities;
(D) reviewing the placement, exploring broader utilization of global health engagement liaisons, and increasing the scope of global health activities of the Department of Defense;
(E) assessing a potential career track relating to health protection research for members of the Armed Forces and civilian employees of the Department of Defense;
(F) providing to members of the Armed Forces guidance on force health protection prior to and during a pandemic or severe influenza season, including guidance on specific behaviors or actions required, such as self-isolating, social distancing, and additional protective measures to be carried out after contracting a novel virus or influenza;
(G) reviewing and updating the inventory of medical supplies and equipment of the Department of Defense that is available for operational support to the combatant commands prior to and during a pandemic (such as vaccines, biologics, drugs, preventive medicine, antiviral medicine, and equipment relating to trauma support), including a review of—
(i) the sufficiency of prepositioned stocks; and
(ii) the effectiveness of the Warstopper Program of the Defense Logistics Agency, or such successor program;
(H) reviewing and updating distribution plans of the Department of Defense for critical medical supplies and equipment within the inventory of the Department of Defense, including vaccines and antiviral medicines; and
(I) reviewing and updating research on infectious diseases and preventive medicine conducted by the military health system, including research conducted by the Health Related Communities of Interest of the Department of Defense, the Joint Program Committees, the overseas medical laboratories of the Department of Defense, the Armed Forces Health Surveillance Branch, or other elements of the Department of Defense that conduct research in support of members of the Armed Forces or beneficiaries under the TRICARE program.
(2) Review of Department of Defense systems for health surveillance and detection to ensure continuous situational awareness and early warning with respect to a pandemic, including a review of—
(A) the levels of funding and investment, and the overall value, of the Global Emerging Infections Surveillance and Response System of the Department of Defense, including the value demonstrated by the role of such system in—
(i) improving the Department of Defense prevention and surveillance of, and the response to, infectious diseases that may impact members of the Armed Forces;
(ii) informing decisions relating to force health protection across the geographic combatant commands;
(iii) ensuring laboratory readiness to support pandemic response efforts and to understand infectious disease threats to the Armed Forces; and
(iv) coordinating and collaborating with partners, such as the geographic combatant commands, other Federal agencies, and international partners;
(B) the levels of funding and investment, and the overall value, of the overseas medical laboratories of the Department of Defense, including the value demonstrated by the role of such laboratories in conducting research and forming partnerships with other elements of the Department of Defense, other Federal agencies, international partners in the country in which such laboratory is located, and, as applicable, the private sector of the United States; and
(C) the levels of funding and investment, and the overall value, of the Direct HIV/AIDS Prevention Program of the Department of Defense, including the value demonstrated by the role of such program in developing (in coordination with other Federal agencies) programs for the prevention, care, and treatment of the human immunodeficiency virus infection and acquired immune deficiency syndrome.
(3) Identification of activities to limit the spread of an infectious disease outbreak among members of the Armed Forces and beneficiaries under the TRICARE program, including activities to mitigate the health, social, and economic impacts of a pandemic on such members and beneficiaries, including by—
(A) reviewing the role of the Department of Defense in the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11) and implementing plans across the Department that leverage medical facilities, personnel, and response capabilities of the Federal Government to support requirements under such Act relating to medical surge capacity;
(B) determining the range of public health capacity, medical surge capacity, administrative capacity, and veterinary capacity necessary for the Armed Forces to—
(i) support operations during a pandemic; and
(ii) develop mechanisms to reshape force structure during such pandemic as necessary (contingent upon primary mission requirements); and
(C) determining the range of activities for operational medical support and infrastructure sustainment that the Department of Defense and other Federal agencies have the capacity to implement during a pandemic (contingent upon primary mission requirements), and develop plans for the implementation of such activities.
(b) Study on response to COVID–19.—The Secretary shall conduct a study on the response of the military health system to the coronavirus disease 2019 (COVID–19).
(c) Report.—Not later than June 1, 2021, the Secretary shall submit to the congressional defense committees a report containing—
(1) the strategy under subsection (a); and
(2) the study under subsection (b), including any findings or recommendations from the study that relate to an element of the strategy under subsection (a), such as recommended changes to policy, funding, practices, manning, organization, or legislative authority.
(d) Inspector General report on response to COVID–19.—Not later than June 1, 2021, the Inspector General of the Department of Defense shall submit to the congressional defense committees and the Secretary of Defense a report on—
(1) the total dollar amount of waste, fraud, and abuse uncovered in any Department of Defense spending under the Defense Production Act of 1950 with respect to the COVID–19 pandemic; and
(2) any recommendations on how to combat waste, fraud, and abuse in future spending related to pandemic preparedness and response.
(a) Establishment.—Not later than June 1, 2021, the Secretary of Defense shall establish and maintain a registry of TRICARE beneficiaries who have been diagnosed with COVID–19.
(b) Contents.—The registry under subsection (a) shall include, with respect to each TRICARE beneficiary included in the registry, the following:
(1) The demographic information of the beneficiary.
(2) Information on the industrial or occupational history of the beneficiary, to the extent such information is available in the records regarding the COVID–19 diagnosis of the beneficiary.
(3) Administrative information regarding the COVID–19 diagnosis of the beneficiary, including the date of the diagnosis and the location and source of the test used to make the diagnosis.
(4) Any symptoms of COVID–19 manifested in the beneficiary.
(5) Any treatments for COVID–19 taken by the beneficiary, or other medications taken by the beneficiary, when the beneficiary was diagnosed with COVID–19.
(6) Any pathological data characterizing the incidence of COVID–19 and the type of treatment for COVID–19 provided to the beneficiary.
(7) Information on any respiratory illness of the beneficiary recorded prior to the COVID–19 diagnosis of the beneficiary.
(8) Any information regarding the beneficiary contained in the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527, note).
(9) Any other information determined appropriate by the Secretary.
(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on establishing the registry under subsection (a), including—
(1) a plan to implement the registry;
(2) the cost of implementing the registry;
(3) the location of the registry; and
(4) any recommended legislative changes with respect to establishing the registry.
(d) TRICARE beneficiary defined.—In this section, the term “TRICARE beneficiary” means the following:
(1) An individual covered by section 1074(a) of title 10, United States Code.
(2) A covered beneficiary (as defined in section 1072 of title 10, United States Code).
SEC. 724. Pandemic health assessments evaluate exposure to open burn pits and toxic airborne chemicals.
(a) Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of health assessments for members of the Armed Forces and veterans during a pandemic and inclusion of information in registry.—
(1) HEALTH ASSESSMENT.—The Secretary of Defense and Secretary of Veterans Affairs shall ensure that the first health assessment conducted for a member of the Armed Forces or veteran after the individual tested positive for a virus certified by the Federal Government as a pandemic includes an evaluation of whether the individual has been—
(A) based or stationed at a location where an open burn pit was used; or
(B) exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces, including an evaluation of any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.
(2) INCLUSION OF INDIVIDUALS IN REGISTRY.—If an evaluation conducted under paragraph (1) with respect to an individual establishes that the individual was based or stationed at a location where an open burn pit was used, or that the individual was exposed to toxic airborne chemicals or other airborne contaminants, the individual shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the member elects to not enroll in such registry.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the history of exposure of the veteran to an open burn pit not being recorded in an evaluation conducted under paragraph (1).
(4) DEFINITIONS.—In this subsection:
(A) AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY.—The term “Airborne Hazards and Open Burn Pit Registry” means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
(B) OPEN BURN PIT.—The term “open burn pit” has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note).
(b) Study on impact of viral pandemics on members of Armed Forces and veterans who have experienced toxic exposure.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall conduct a study, through the Airborne Hazards and Burn Pits Center of Excellence (in this subsection referred to as the “Center”), on the health impacts of infection with a virus designated as a global pandemic, including a coronavirus, to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures for the purposes of understanding the health impacts of the virus and whether individuals infected with the virus are at increased risk of severe symptoms due to previous conditions linked to toxic exposure.
(2) PREPARATION FOR FUTURE PANDEMIC.—The Secretary, through the Center, shall analyze potential lessons learned through the study conducted under paragraph (1) to assist in preparing the Department of Veterans Affairs for potential future pandemics.
(3) DEFINITIONS.—In this subsection:
(A) CORONAVIRUS.—The term “coronavirus” has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123).
(B) OPEN BURN PIT.—The term “open burn pit” has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note).
(a) Translation of materials.—The Secretary of Defense shall—
(1) translate any written material of the Department of Defense prepared in the English language for the general public relating to the COVID–19 pandemic into the languages specified in subsection (b) by not later than 7 days after the date on which such material is made available; and
(2) make such translated written material available to the public.
(b) Languages specified.—The languages specified in this subsection are the following:
(1) Arabic.
(2) Cambodian.
(3) Chinese.
(4) French.
(5) Greek.
(6) Haitian Creole.
(7) Hindi.
(8) Italian.
(9) Japanese.
(10) Korean.
(11) Laotian.
(12) Polish.
(13) Portuguese.
(14) Russian.
(15) Spanish.
(16) Tagalog.
(17) Thai.
(18) Urdu.
(19) Vietnamese.
(c) Definition of COVID–19 pandemic.—In this section, the term “COVID–19 pandemic” means the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”.
(a) In general.—The Secretaries shall conduct a study on substance use disorders among the relevant population before and during the COVID–19 public health emergency. The study shall include the following:
(1) Analysis of data about the relevant population who overdosed from opioids or other illicit substances during the public health emergency, using appropriate control samples and comparing to existing population data.
(2) Analysis of fatal opioid and other illicit substances overdose deaths among the relevant population during the public health emergency, using appropriate control samples and comparing to existing population data.
(3) Analysis of the prevalence of alcohol use disorder among the relevant population during the public health emergency, using existing data to identify any new trends.
(4) Analysis of the association between overdose deaths and suicide among the relevant population.
(5) An overview of the resources from relevant Federal agencies, including the Department of Defense, the United States Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration, the Centers for Disease Control and Prevention, and the National Institutes of Health, that were distributed to the relevant population during the public health emergency, including methods of dissemination.
(6) An analysis of the utilization of recovery services and barriers to access the services at the Veterans Health Administration and the Military Health System by different modes of delivery, such as telehealth, inpatient, outpatient, intensive outpatient, and residential services, during the public health emergency.
(7) Identification of key areas in which relevant Federal agencies can improve their pandemic response as it relates to substance use disorders and overdoses among the relevant population, including steps that can be taken to improve the preparedness of the agencies for future public health emergencies declared by the Secretary under section 319 of the Public Health Service Act.
(1) INTERIM REPORT.—Within 120 days after the COVID–19 public health emergency ends, the Secretaries shall submit to the appropriate committees an interim report that contains an update on the status of the study required by subsection (a).
(2) FINAL REPORT.—Not later than 2 years after the COVID–19 public health emergency ends, the Secretaries shall submit to the appropriate committees a final report that contains the results of the study.
(c) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES.—The term “appropriate committees” means the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.
(2) COVID–19 PUBLIC HEALTH EMERGENCY.—The term “COVID–19 public health emergency” means the public health emergency declared by the Secretary of Health and Human Services on January 27, 2020, with respect to the 2019 Novel Coronavirus.
(3) RELEVANT POPULATION.—The term “relevant population” means members of the Armed Forces and veterans.
(4) SECRETARIES.—The term “Secretaries” means the Secretary of Defense and the Secretary of Veterans Affairs.
Section 740 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(A) by striking “The Secretary of Defense may” and inserting “Beginning not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense shall”; and
(B) by striking “and the Secretary of Transportation” and inserting “the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency”;
(2) in subsection (d), by striking “and the Secretary of Transportation” and inserting “the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency”; and
(A) by striking “the Committees on Armed Services of the Senate and the House of Representatives” each place it appears and inserting “the appropriate congressional committees”;
(B) in paragraph (1)(B)(i), by inserting before the period the following: “, including a recommendation for at least one of the locations selected under subsection (c)”; and
(C) by adding at the end the following new paragraph:
“(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘appropriate congressional committees’ means the following:
“(A) The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans’ Affairs, the Committee on Homeland Security, and the Committee on Energy and Commerce of the House of Representatives.
“(B) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.”.
Section 741(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1467) is amended—
(1) in subparagraph (B), by adding at the end the following new clause:
(2) by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (C) the following new subparagraph (D):
“(D) The number of suicides involving a member who was prescribed a medication to treat a mental health or behavioral health diagnosis during the 1-year period preceding the death.”; and
(4) by adding at the end the following new subparagraph:
(a) In general.—Subsection (b) of section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—
(1) in paragraph (7), by striking “of members of the Armed Forces” and inserting “with respect to both members of the Armed Forces and military working dogs”; and
(2) by striking paragraph (9) and inserting the following new paragraph:
“(9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat.”.
(b) Veterinarians in personnel management plan.—Subsection (d)(1) of such section is amended—
(1) by redesignating subparagraph (F) as subparagraph (G); and
(2) by inserting after subparagraph (E) the following new subparagraph:
“(F) Veterinary care.”.
Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2567), as most recently amended by section 732 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking “September 30, 2021” and inserting “September 30, 2023”.
(a) Authorization of information sharing.—The Secretary of Defense may enter into memoranda of understanding with State and local health authorities to share the practices of, and lessons learned by, the military health system for the prevention of infant and maternal mortality.
(b) State defined.—In this section, the term “State” means each State, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe.
(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.
(b) Grant program.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled “Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation”, dated September 27, 1972.
(c) Eligible entities.—To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.
(d) Award.—The Secretary shall award grants under this section to eligible entities that—
(1) carry out a research project that—
(A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and
(B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may establish.
(e) Application.—To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.
(f) Gift authority.—The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.
(g) Reports.—Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains—
(1) a description of how the eligible entity used the grant; and
(2) an evaluation of the level of success of the research project.
(h) Termination.—The authority to award grants under this section shall terminate on the date that is 7 years after the date on which the first such grant is awarded.
(a) Pilot program.—The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.
(1) IN GENERAL.—The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to a contract under subsection (d) until the date that is 1 year after the retirement, separation, or release of the member from the Armed Forces.
(2) CONTINUED CRYOPRESERVATION AND STORAGE.—At the end of the 1-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:
(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.
(B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual.
(C) To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the 1-year period specified in paragraph (1) with respect to the individual.
(c) Advance medical directive and military testamentary instrument.—A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.
(d) Agreements.—To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.
(a) Pilot program.—The Director of the Defense Health Agency may carry out a pilot program under which an eligible parent serves as a certified nursing assistant under the TRICARE program with respect to providing personal care services to a covered child.
(b) Duration.—If the Director carries out the pilot program under subsection (a), the Director shall carry out the pilot program for a period of 18 months.
(c) Briefing.—If the Director carries out the pilot program under subsection (a), not later than 1 year after the date of the enactment of this Act, the Director shall provide to the congressional defense committees a briefing on the pilot program.
(d) Report.—If the Director carries out the pilot program under subsection (a), not later than 180 days after the date of the completion of the pilot program, the Director shall submit to the congressional defense committees a report on the pilot program. The report shall include—
(1) the cost of the program;
(2) an analysis of whether the pilot program met established performance metrics;
(3) an analysis of whether the pilot program provided the standard of care to the patient that is required; and
(4) the recommendation of the Director regarding whether the pilot program should be made permanent.
(e) Definitions.—In this section:
(1) The term “covered child” means a covered beneficiary described in section 1072(2)(D) of title 10, United States Code, who—
(A) is the child of a member of the uniformed services serving on active duty; and
(B) is eligible for private duty nursing under the Extended Care Health Option under subsections (d) through (f) of section 1079 of such title.
(2) The term “eligible parent” means an individual who is—
(A) a certified nursing assistant; and
(B) the parent of a covered child.
(3) The term “personal care services” means personal care services prescribed by a medical doctor and provided by a certified nursing assistant under the supervision and guidance of a registered nurse case manager.
(4) The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.
(a) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study to—
(1) determine the incidence of cancer diagnosis and mortality among members, and former members, of the Armed Forces who serve as pilots compared to such members who do not serve as pilots, including by determining such incidence based on gender, age, flying hours, Armed Force, and type of aircraft; and
(2) determine the appropriate age to begin screening such members for cancer, including by determining such age based on gender, flying hours, Armed Force, and type of aircraft.
(b) Submission.—Not later than 2 years after the date on which the Secretary enters into the agreement under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the findings from the study under such subsection.
(c) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committees on Armed Services and Veterans’ Affairs of the House of Representatives; and
(B) the Committees on Armed Services and Veterans’ Affairs of the Senate.
(2) The term “Armed Forces” means each Armed Force under the jurisdiction of the Secretary of a military department.
(3) The term “pilot” includes an individual who frequently accompanies a pilot in a cockpit, such as a navigator.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the diet and nutrition of members of the Armed Forces. The report shall describe the following:
(1) The relationship between the diet and nutrition of members and the health, performance, and combat effectiveness of members.
(2) The relationship between diets high in Omega–3 fatty acids, or other diets that may lower inflammation and obesity, and improved mental health.
(3) The extent to which the food and beverages offered at the dining halls of the Armed Forces as of the date of the report are designed to optimize the health, performance, and combat effectiveness of members according to science-based approaches.
(4) The plan of the Secretary to improve the health, performance, and combat effectiveness of members by modifying the food and beverages offered at the dining halls of the Armed Forces, including in ways that minimize the change members.
(5) Expected costs and timeline to implement such plan, including any expected savings from reduced medical costs.
(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Health Affairs shall submit to the congressional defense committees a report on the costs and benefits of allowing covered individuals to make contributions to a health savings account.
(b) Matters.—The report under subsection (a) shall include a description of the following:
(1) Any anticipated cost savings as a result of allowing covered individuals to make contributions to health savings accounts.
(2) Any anticipated increase in health care options available to covered individuals as a result of allowing such contributions.
(3) Any anticipated disruption or delay in health services or benefits for covered individuals as a result of allowing such contributions.
(c) Definitions.—In this section:
(1) The term “covered individual”—
(A) means a beneficiary covered by subsection (c) of section 1086 of title 10, United States Code; and
(B) includes a Medicare-eligible beneficiary described in subsection (d)(2) of such section.
(2) The term “health savings account” has the meaning given that term in section 223(d) of the Internal Revenue Code of 1986.
(1) IN GENERAL.—The Secretary of Defense shall conduct a study on toxic exposure by members of the Armed Forces deployed to Karshi–Khanabad Air Base, Uzbekistan, at any time during the period beginning October 1, 2001, and ending December 31, 2005.
(2) MATTERS INCLUDED.—The study under paragraph (1) shall include the following:
(A) An assessment regarding the conditions of Karshi–Khanabad Air Base, Uzbekistan, during the period beginning October 1, 2001, and ending December 31, 2005, including an identification of toxic substances contaminating the Air Base during such period.
(B) An epidemiological study of the health consequences of a member of the Armed Forces deployed to the Air Base during such period.
(C) An assessment of any association between exposure to toxic substances identified under subparagraph (A) and the health consequences studied under subparagraph (B).
(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the study under subsection (a).
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall commence the conduct of an audit of the medical conditions of eligible individuals and the association between adverse exposures of such individuals in unsafe or unhealthy housing units and the health of such individuals.
(b) Content of audit.—The audit conducted under subsection (a) shall—
(1) determine the percentage of units of privatized military housing that are unsafe or unhealthy housing units;
(2) study the adverse exposures of eligible individuals that relate to residing in an unsafe or unhealthy housing unit and the effect of such exposures on the health of such individuals; and
(3) determine the association, to the extent permitted by available scientific data, and provide quantifiable data on such association, between such adverse exposures and the occurrence of a medical condition in eligible individuals residing in unsafe or unhealthy housing units.
(c) Conduct of audit.—The Inspector General of the Department shall conduct the audit under subsection (a) using the same privacy preserving guidelines used by the Inspector General in conducting other audits of health records.
(d) Source of data.—In conducting the audit under subsection (a), the Inspector General of the Department shall use—
(1) de-identified data from electronic health records of the Department;
(2) records of claims under the TRICARE program (as defined in section 1072(7) of title 10, United States Code); and
(3) such other data as determined necessary by the Inspector General.
(e) Submittal and public availability of report.—Not later than 1 year after the commencement of the audit under subsection (a), the Inspector General of the Department shall—
(1) submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the audit conducted under subsection (a); and
(2) publish such report on a publicly available internet website of the Department of Defense.
(f) Definitions.—In this section:
(1) The term “eligible individual” means a member of the Armed Forces or a family member of a member of the Armed Forces who—
(A) has resided in an unsafe or unhealthy housing unit; and
(B) has registered under the Housing Environmental Health Response Registry of the Army.
(2) The term “privatized military housing” means military housing provided under subchapter IV of chapter 169 of title 10, United States Code.
(3) The term “unsafe or unhealthy housing unit” means a unit of privatized military housing in which, at any given time, at least one of the following hazards is present:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including ease of access by unlawful intruders or lighting issues.
(C) Poor ventilation.
(D) Safety hazards.
(E) Other hazards as determined by the Inspector General of the Department.
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the findings of a study, conducted by the Secretary for the purposes of the report, of the implementation and application of the Integrated Disability Evaluation System.
(b) Matters included.—The report under subsection (a) shall include the following:
(1) All changes to policies and procedures applicable to the implementation of the Integrated Disability Evaluation System from the previous disability evaluation system.
(2) The extent to which the Integrated Disability Evaluation System is the primary means of processing members of the Armed Forces through the disability evaluation system process.
(3) The extent to which the military departments and the Defense Health Agency coordinate—
(A) treatment of members of the Armed Forces;
(B) referrals of members of the Armed Forces to a medical evaluation board;
(C) appointing a convening authority and staffing a medical evaluation board;
(D) the sharing of medical documentation with a medical evaluation board;
(E) evaluations of members of the Armed Forces for initial or subsequent limited duty status; and
(F) a medical evaluation board referral to a physical evaluation board.
(4) The process for members of the Armed Forces to request an impartial medical review or rebut medical evaluation board findings.
(5) The criteria a medical evaluation board convening authority applies when considering such requests under paragraph (4).
(6) The average time to process Integrated Disability Evaluation System cases by both phase and stage (as defined in Department of Defense Manual 1332.18) for both the active component and reserve component.
(a) Review required.—The Comptroller General of the United States shall conduct a review of efforts by the Department of Defense to prevent suicide among members of the Armed Forces stationed at covered installations.
(b) Elements of review.—The review conducted under subsection (a) shall include an assessment of each of the following:
(1) Current policy guidelines of the Armed Forces on the prevention of suicide among members of the Armed Forces stationed at covered installations.
(2) Current suicide prevention programs of the Armed Forces and activities for members of the Armed Forces stationed at covered installations and their dependents, including programs provided by the Defense Health Program and the Office of Suicide Prevention.
(3) The integration of mental health screenings and suicide risk and prevention efforts for members of the Armed Forces stationed at covered installations and their dependents into the delivery of primary care for such members and dependents.
(4) The standards for responding to attempted or completed suicides among members of the Armed Forces stationed at covered installations and their dependents, including guidance and training to assist commanders in addressing incidents of attempted or completed suicide within their units.
(5) The standards regarding data collection for members of the Armed Forces stationed at covered installations and their dependents, including related factors such as domestic violence and child abuse.
(6) The means to ensure the protection of privacy of members of the Armed Forces stationed at covered installations and their dependents who seek or receive treatment related to suicide prevention.
(7) The availability of information from indigenous populations on suicide prevention for members of the Armed Forces stationed at covered installations who are members of such a population.
(8) The availability of information from graduate research programs of institutions of higher education on suicide prevention for members of the Armed Forces.
(9) Such other matters as the Comptroller General considers appropriate in connection with the prevention of suicide among members of the Armed Forces stationed at covered installations and their dependents.
(c) Briefing and report.—The Comptroller General shall—
(1) not later than October 1, 2021, brief the Committees on Armed Services of the Senate and the House of Representatives on preliminary observations relating to the review conducted under subsection (a); and
(2) not later than March 1, 2022, submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of such review.
(d) Covered installation defined.—In this section, the term “covered installation” means a remote installation of the Department of Defense outside the contiguous United States.
(a) Development of Recommendations.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Centers for Disease Control and Prevention and relevant medical societies, shall develop for its military medical treatment facilities—
(1) stewardship staffing recommendations, based upon facility size and patient populations; and
(2) diagnostics stewardship recommendations to improve antimicrobial stewardship programs.
(b) Implementation plan.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan for carrying out the recommendations developed under subsection (a) and identify barriers to implementing such recommendations.
Not later than 1 year after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the congressional defense committees a report on the feasibility, efficacy, and cost of expanding coverage for chiropractic care to covered beneficiaries under the TRICARE program (as those terms are defined in section 1072 of title 10, United States Code).
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a study on the potential benefits and feasibility of requiring that—
(1) each enduring military installation located outside the United States has at least one properly functioning medical evacuation helicopter and at least one properly functioning ambulance; and
(2) each such helicopter and ambulance is stocked with appropriate emergency medical supplies.
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for R&D Research is hereby increased by $5,000,000 for the purposes of a pancreatic cancer early detection initiative (EDI).
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Defense Health Program, as specified in the corresponding funding table in section 4501, for Base Operations/Communications is hereby reduced by $5,000,000.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report with respect to mental health treatment relating to pregnancy that assesses the following:
(1) The extent to which treatment for covered mental health issues is available and accessible to active duty members of the Armed Forces and the spouses of such members.
(2) The extent to which data on the rate of occurrence of covered mental health issues among active duty members of the Armed Forces, and the spouses of such members, is collected.
(3) The barriers that prevent active duty members of the Armed Forces, and the spouses of such members, from seeking or obtaining care for covered mental health issues.
(4) The ways in which the Department of Defense is addressing barriers identified under paragraph (3).
(b) Covered mental health issues defined.—In this section, the term “covered mental health issues” means pregnancy-related depression, postpartum depression, and other pregnancy-related mood disorders.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an analysis of the cost of providing coverage and health care benefits under the TRICARE program to each individual currently participating in a health professions scholarship and financial assistance program established pursuant to section 2121 of title 10, United States Code.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use by the military departments of health care records of individuals who are dependents or former dependents of members of the Armed Forces with respect to that individual later serving or seeking to serve as a member of the Armed Forces. The report shall include the following:
(1) A description of the policy of the Department of Defense and each military department with respect to combining the juvenile medical records of such an individual with the military medical records of that individual who serves as a member of the Armed Forces.
(2) The total number of cases where such juvenile medical records were so combined with the military medical records of the individual.
(3) The total number of cases where an individual was either discharged, or was prevented from joining the Armed Forces, because of the juvenile medical records of the individual from when the individual was a dependent of a member of the Armed Forces.
(4) The total number of cases where an individual was granted a waiver preventing a discharge or being denied from joining the Armed Forces as described in paragraph (3).
(5) Any actions the Secretary of Defense or a Secretary of a military department has taken or plans to take to prevent a discharge or being denied from joining the Armed Forces as described in paragraph (3).
(a) Briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility, benefits, and costs of extending eligibility to enroll in TRICARE Prime to eligible beneficiaries who reside in Puerto Rico and other United States territories.
(b) Elements.—The briefing under subsection (a) shall provide an assessment specifically tailored to each United States territory and include, at a minimum—
(1) a description and update of the findings contained in the 2019 Department of Defense report on the feasibility and effect of extending TRICARE Prime to eligible beneficiaries residing in Puerto Rico, as required by the conference report accompanying the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232);
(2) an assessment of whether otherwise eligible beneficiaries residing in Puerto Rico and other United States territories have access to health care that is equivalent, with respect to both quality and cost, to the care available to their counterparts residing in the States and the District of Columbia;
(3) an assessment of the feasibility, benefits, beneficiary satisfaction and costs of extending TRICARE Prime to some, but not all, categories of beneficiaries residing in Puerto Rico and other United States territories; and
(4) an assessment of opportunities to partner with other Federal health care systems to support resources and share costs and services in extending TRICARE Prime in Puerto Rico and the other United States territories.
(c) Other United States territories defined.—In this section, the term “other United States territories” means American Samoa, Guam, the Northern Mariana Islands, and the United States Virgin Islands.
(a) Funding.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding table in such division, is hereby increased by $2,500,000 for post-traumatic stress disorder.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $2,500,000.
(a) In general.—The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—
(1) identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—
(A) triple negative breast cancer patients to be identified earlier in the progression of their disease; and
(B) the development of multiple targeted therapies for the disease.
(b) Funding.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, is hereby increased by $10,000,000 to carry out subsection (a).
(c) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $10,000,000.
(a) Study.—The Secretary of Defense shall conduct a study on the effectiveness of readiness contracts managed by the Customer Pharmacy Operations Center of the Defense Logistics Agency in meeting the military’s drug supply needs. The study shall include an analysis of how the contractual approach to manage drug shortages for military health care can be a model for responding to drug shortages in the civilian health care market in the United States.
(b) Consultation.—In conducting the study under subsection (a), the Secretary of Defense shall consult with—
(1) the Secretary of Veterans Affairs;
(2) the Commissioner of Food and Drugs and the Administrator of the Drug Enforcement Administration; and
(3) physician organizations, drug manufacturers, pharmacy benefit management organizations, and such other entities as the Secretary determines appropriate.
(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the results of the study under subsection (a) and any conclusions and recommendations of the Secretary relating to such study.
(a) Findings.—Congress finds the following:
(1) Musculoskeletal injuries among members of the Armed Forces serving on active duty result in more than 10,000,000 limited-duty days each year and account for more than 70 percent of the medically non-deployable population.
(2) Extremity injury accounts for 79 percent of reported trauma cases in theater and members of the Armed Forces experience anterior cruciate ligament (ACL) injuries at 10 times the rate of the general population.
(b) Sense of Congress.—It is the sense of Congress that Congress—
(1) recognizes the important work of the Naval Advanced Medical Research Unit in Wound Care Research; and
(2) encourages continued development of innovations for the warfighter, especially regarding tendon and ligament injuries that prevent return to duty for extended periods of time.
(a) Grants authorized.—The Secretary of Defense shall establish a program, to be known as the “Wounded Warrior Service Dog Program”, to award competitive grants to nonprofit organizations to assist such organizations in the planning, designing, establishing, or operating (or any combination thereof) of programs to provide assistance dogs to covered members and veterans. The awarding of such grants is subject to the availability of appropriations provided for such purpose.
(1) IN GENERAL.—The recipient of a grant under this section shall use the grant to carry out programs that provide assistance dogs to covered members and veterans who have a disability described in paragraph (2).
(2) DISABILITY.—A disability described in this paragraph is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other significant mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary of Defense considers appropriate.
(3) TIMING OF AWARD.—The Secretary may not award a grant under this section to reimburse a recipient for costs previously incurred by the recipient in carrying out a program to provide assistance dogs to covered members and veterans unless the recipient elects for the award to be such a reimbursement.
(c) Eligibility.—To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
(1) a proposal for the evaluation required by subsection (d); and
(A) the training that will be provided by the organization to covered members and veterans;
(B) the training of dogs that will serve as assistance dogs;
(C) the aftercare services that the organization will provide for such dogs and covered members and veterans;
(D) the plan for publicizing the availability of such dogs through a targeted marketing campaign to covered members and veterans;
(E) the recognized expertise of the organization in breeding and training such dogs;
(F) the commitment of the organization to humane standards for animals; and
(G) the experience of the organization with working with military medical treatment facilities or medical facilities of the Department of Veterans Affairs; and
(3) a statement certifying that the organization—
(A) is accredited by Assistance Dogs International, the International Guide Dog Federation, or another similar widely recognized accreditation organization that the Secretary determines has accreditation standards that meet or exceed the standards of Assistance Dogs International and the International Guide Dog Federation; or
(B) is a candidate for such accreditation or otherwise meets or exceeds such standards, as determined by the Secretary.
(d) Evaluation.—The Secretary shall require each recipient of a grant to use a portion of the funds made available through the grant to conduct an evaluation of the effectiveness of the activities carried out through the grant by such recipient.
(e) Coordination.—The Secretary of Defense shall coordinate with the Secretary of Veterans Affairs in awarding grants under this section.
(f) Definitions.—In this section:
(1) ASSISTANCE DOG.—The term “assistance dog” means a dog specifically trained to perform physical tasks to mitigate the effects of a disability described in subsection (b)(2), except that the term does not include a dog specifically trained for comfort or personal defense.
(2) COVERED MEMBERS AND VETERANS.—The term “covered members and veterans” means—
(A) with respect to a member of the Armed Forces, such member who is—
(i) receiving medical treatment, recuperation, or therapy under chapter 55 of title 10, United States Code;
(ii) in medical hold or medical holdover status; or
(iii) covered under section 1202 or 1205 of title 10, United States Code; and
(B) with respect to a veteran, a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code.
It is the sense of Congress that—
(1) maternal Mortality, and the racial disparities in the rates of pregnancy-related deaths in our country, presents a challenge to our Nation that requires a strong and uniform response across all parts of our society, including the military;
(2) the Defense Department should be acknowledged for the efforts it has begun to address concerns about maternal mortality and severe morbidity among service members and dependents;
(3) State maternal mortality review committees, which involve a multidisciplinary group of experts including physicians, epidemiologists, and others, have made significant advancements in identifying, characterizing, and providing a deeper understanding of the circumstances surrounding each maternal death, which can be helpful in designing effective public health responses to prevent future such deaths;
(4) key to the work of such review committees is transparent, consistent, and comprehensive data collection regarding maternal deaths, the use of effective methods to ensure confidentiality protections and de-identification of any information specific to a reviewed case, information sharing with relevant stakeholders including access to the CDC’s National Death Index data and State death certificate data;
(5) the Defense Department is encouraged to continue to work to establish a maternal mortality review committee which would conduct reviews of each death of a service member or dependent during pregnancy or childbirth involving a multidisciplinary group of experts including physicians, epidemiologists, patient advocates, civilians with experience with maternal mortality review committees and reviews of maternal mortality records, and other experts;
(6) the Department should keep Congress regularly updated and informed, through reports and briefings on its efforts to set up the committee referenced in paragraph (5), any barriers to establishing such committee, and its overall efforts to address maternal mortality among service members and dependents, including its efforts to participate in the Alliance for Innovation on Maternal program or similar maternal health quality improvement initiatives.
(a) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing an analysis of each of the following:
(1) Any lapses in coverage under the TRICARE program for a member of a reserve component that occurred during the 8-year period ending on the date of the enactment of this Act and were caused by a change in the duty status of such member, including an identification of the total number of such lapses.
(2) The factors contributing to any such lapses, including—
(A) technological factors, including factors relating to outdated systems;
(B) human errors in processing changes in duty status; and
(C) shortages in the level of administrative staffing of the National Guard.
(3) How factors contributing to any such lapses were identified under paragraph (2) and whether actions have been taken to address the factors.
(4) The effect of any such lapses on—
(A) the delivery of health care benefits to members of the reserve components and the eligible dependents of such members; or
(B) force readiness and force retention.
(5) The parties responsible for identifying and communicating to a member of a reserve component issues relating to eligibility under the TRICARE program.
(6) The methods by which a member of a reserve component, an eligible dependent of such member, or the Secretary of Defense may verify the status of enrollment in the TRICARE program regarding the member before, during, and after a deployment of the member.
(7) The comparative effectiveness, with respect to the delivery of health care benefits to a member of a reserve component and eligible dependents of such member, of—
(A) continuing the current process by which a previously eligible member must transition from coverage under TRICARE Reserve Select to coverage under TRICARE Prime after a change to active service in the duty status of such member; and
(B) establishing a new process by which a previously eligible member may remain covered by TRICARE Reserve Select after a change to active service in the duty status of such member (whether by allowing a previously eligible member to pay a premium for such coverage or by requiring the Federal Government to provide for such coverage).
(8) Whether the current process referred to in paragraph (7)(A) negatively affects the delivery of health care benefits as a result of transitions between network providers.
(9) The actions necessary to prevent future occurrences of such lapses, including legislative actions.
(b) Definitions.—In this section:
(1) The term “active service” has the meaning given that term in section 101(d) of title 10, United States Code.
(2) The term “appropriate congressional committees” means the congressional defense committees (as defined in section 101(a) of title 10, United States Code) and the Committees on Veterans’ Affairs of the House of Representatives and the Senate.
(3) The term “eligible dependent” means a dependent of a member of a reserve component—
(A) described in subparagraph (A), (D), or (I) of section 1072(2) of title 10, United States Code; and
(B) eligible for coverage under the TRICARE Program.
(4) The term “previously eligible member” means a member of a reserve component who was eligible for coverage under TRICARE Reserve Select pursuant to section 1076d of title 10, United States Code, prior to a change to active service in the duty status of such member.
(5) The terms “TRICARE Prime” and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.
(6) The term “TRICARE Reserve Select” has the meaning given that term in section 1076d(f) of title 10, United States Code.
(a) Study.—The Secretary of Defense shall conduct a study that reviews, identifies, and evaluates the technology approaches, policies, and concepts of operations of telehealth and telemedicine programs across all military departments. The study shall include:
(1) Identification and evaluation of limitations and vulnerabilities of healthcare and medicine capabilities as they relate to telemedicine.
(2) Identification and evaluation of essential technologies needed to achieve documented goals and capabilities of telehealth and associated technologies required to support sustainability.
(3) Development of a technology maturation roadmap, including an estimated funding profile over time, needed to achieve an effective operational telehealth usage that describes both the critical and associated supporting technologies, systems integration, prototyping and experimentation, and test and evaluation.
(4) An analysis of telehealth programs, such as remote diagnostic testing and evaluation tools that contribute to the medical readiness of military medical providers.
(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Congressional defense committees the study conducted under subsection (a).
(a) Study.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the heads of other departments and agencies of the Federal Government that the Secretary of Defense determines appropriate, shall submit to the appropriate congressional committees a report containing a study on the joint deployment formulary.
(b) Elements.—The study under subsection (a) shall include—
(1) a list of the drugs and vaccines on the joint deployment formulary;
(2) an identification of the active pharmaceutical ingredients of such drugs and vaccines and the components of such active pharmaceutical ingredients;
(A) the active pharmaceutical ingredients;
(B) the components of such ingredients; and
(C) the source materials of such ingredients and components;
(4) a list of each manufacturer of such drugs and vaccines that is owned, in whole or in part, by a foreign entity, including—
(A) identification of each such foreign entity; and
(B) the percentage of such ownership by each such foreign entity;
(5) identification of any barriers, limitations, or constraints that may inhibit the ability of the Department of Defense to procure and sustain its supply of drugs and vaccines, including with respect to—
(A) the Federal Acquisition Regulation;
(B) applicable laws and regulations of the Federal Government; and
(C) whether the raw materials can be found in the United States;
(6) an identification of military partners and allies of the United States who could help manufacture such components and materials;
(7) an assessment of the steps the Secretary of Defense is currently taking to mitigate any shortages of critical drugs and vaccines on the joint deployment formulary;
(8) a description of how the Secretary of Defense coordinates with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Secretary of Commerce, the Secretary of Veterans Affairs, and other applicable heads of departments and agencies of the Federal Government; and
(9) if the Secretary is unable to provide any of the information under paragraphs (1) through (8), identification of any barriers in providing such information.
(1) IN GENERAL.—The report submitted under subsection (a) shall be submitted in classified form and shall include an unclassified summary.
(2) PROTECTION OF INFORMATION.—The Secretary of Defense—
(A) shall ensure that the unclassified summary described in paragraph (1) protects proprietary information pursuant to the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation; and
(B) may not disclose in such unclassified summary any information that is a trade secret under section 552(b)(4) of title 5, United States Code, or confidential information under section 1905 of title 18, United States Code.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and
(3) any other committee of Congress the Secretary of Defense determines appropriate.
This subtitle may be cited as the “Care and Readiness Enhancement for Reservists Act of 2020” or the “CARE for Reservists Act of 2020”.
(a) Readjustment counseling.—Subsection (a)(1) of section 1712A of title 38, United States Code, is amended by adding at the end the following new subparagraph:
“(D) (i) The Secretary, in consultation with the Secretary of Defense, may furnish to any member of the reserve components of the Armed Forces who has a behavioral health condition or psychological trauma, counseling under subparagraph (A)(i), which may include a comprehensive individual assessment under subparagraph (B)(i).
“(ii) A member of the reserve components of the Armed Forces described in clause (i) shall not be required to obtain a referral before being furnished counseling or an assessment under this subparagraph.”.
(b) Outpatient services.—Subsection (b) of such section is amended—
(A) by inserting “to an individual” after “If, on the basis of the assessment furnished”; and
(B) by striking “veteran” each place it appears and inserting “individual”; and
(2) in paragraph (2), by striking “veteran” and inserting “individual”.
(c) Effective Date.—The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.
(a) In general.—Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:
“The Secretary, in consultation with the Secretary of Defense, may furnish mental health services to members of the reserve components of the Armed Forces.”.
(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1788 the following new item:
“1789. Mental health services for members of the reserve components of the Armed Forces.”.
(a) Suicide prevention program.—
(1) IN GENERAL.—Section 1720F of title 38, United States Code, is amended by adding at the end the following new subsection:
“(l) (1) COVERED INDIVIDUAL DEFINED.—In this section, the term ‘covered individual’ means a veteran or a member of the reserve components of the Armed Forces.
“(2) In determining coverage of members of the reserve components of the Armed Forces under the comprehensive program, the Secretary shall consult with the Secretary of Defense.”.
(2) CONFORMING AMENDMENTS.—Such section is further amended—
(A) in subsection (a), by striking “veterans” and inserting “covered individuals”;
(B) in subsection (b), by striking “veterans” each place it appears and inserting “covered individuals”;
(i) in the subsection heading, by striking “of veterans”;
(ii) by striking “veterans” each place it appears and inserting “covered individuals”; and
(iii) by striking “veteran” and inserting “individual”;
(D) in subsection (d), by striking “to veterans” each place it appears and inserting “to covered individuals”;
(E) in subsection (e), in the matter preceding paragraph (1), by striking “veterans” and inserting “covered individuals”;
(i) in the first sentence, by striking “veterans” and inserting “covered individuals”; and
(ii) in the second sentence, by inserting “or members” after “veterans”;
(G) in subsection (g), by striking “veterans” and inserting “covered individuals”;
(H) in subsection (h), by striking “veterans” and inserting “covered individuals”;
(i) in the subsection heading, by striking “for veterans and families”;
(ii) in the matter preceding paragraph (1), by striking “veterans and the families of veterans” and inserting “covered individuals and the families of covered individuals”;
(iii) in paragraph (2), by striking “veterans” and inserting “covered individuals”; and
(iv) in paragraph (4), by striking “veterans” each place it appears and inserting “covered individuals”;
(i) in paragraph (1), by striking “veterans” each place it appears and inserting “covered individuals”; and
(I) in subparagraph (A), in the matter preceding clause (i), by striking “women veterans” and inserting “covered individuals who are women”;
(II) in subparagraph (B), by striking “women veterans who” and inserting “covered individuals who are women and”; and
(III) in subparagraph (C), by striking “women veterans” and inserting “covered individuals who are women”; and
(K) in subsection (k), by striking “veterans” and inserting “covered individuals”.
(A) IN GENERAL.—Such section is further amended, in the section heading, by inserting “and members of the reserve components of the Armed Forces” after “veterans”.
(B) TABLE OF SECTIONS.—The table of sections at the beginning of such subchapter is amended by striking the item relating to section 1720F and inserting the following new item:
(b) Mental health treatment for individuals who served in classified missions.—
(1) IN GENERAL.—Section 1720H of such title is amended—
(I) by striking “eligible veteran” and inserting “eligible individual”; and
(II) by striking “the veteran” and inserting “the individual”; and
(ii) in paragraph (3), by striking “eligible veterans” and inserting “eligible individuals”;
(i) by striking “a veteran” and inserting “an individual”; and
(ii) by striking “eligible veteran” and inserting “eligible individual”; and
(i) in paragraph (2), in the matter preceding subparagraph (A), by striking “The term ‘eligible veteran’ means a veteran” and inserting “The term ‘eligible individual’ means a veteran or a member of the reserve components of the Armed Forces”; and
(ii) in paragraph (3), by striking “eligible veteran” and inserting “eligible individual”.
(A) IN GENERAL.—Such section is further amended, in the section heading, by inserting “and members of the reserve components of the Armed Forces” after “veterans”.
(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1720H and inserting the following new item:
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report that includes an assessment of the following:
(1) The increase, as compared to the day before the date of the enactment of this Act, of the number of members of the Armed Forces that use readjustment counseling or outpatient mental health care from the Department of Veterans Affairs, disaggregated by State, Vet Center location, and clinical care site of the Department, as appropriate.
(2) The number of members of the reserve components of the Armed Forces receiving telemental health care from the Department.
(3) The increase, as compared to the day before the date of the enactment of this Act, of the annual cost associated with readjustment counseling and outpatient mental health care provided by the Department to members of the reserve components of the Armed Forces.
(4) The changes, as compared to the day before the date of the enactment of this Act, in staffing, training, organization, and resources required for the Department to offer readjustment counseling and outpatient mental health care to members of the reserve components of the Armed Forces.
(5) Any challenges the Department has encountered in providing readjustment counseling and outpatient mental health care to members of the reserve components of the Armed Forces.
(b) Vet Center defined.—In this section, the term “Vet Center” has the meaning given that term in section 1712A(h) of title 38, United States Code.
(a) Pilot program.—The Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot program to determine the prevalence of sleep apnea among members of the Armed Forces assigned to initial training.
(1) MEMBERS.—The Secretary shall ensure that the number of members who participate in the pilot program under subsection (a) is sufficient to collect statistically significant data for each military department.
(2) SPECIAL RULE.—The Secretary may not disqualify a member from service in the Armed Forces by reason of the member being diagnosed with sleep apnea pursuant to the pilot program under subsection (a).
(c) Process.—The Secretary shall carry out the pilot program by testing members for sleep apnea using non-invasive methods over the course of 2 consecutive nights that allow for 6 to 8 hours of sleep.
The Secretary of Defense shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a detailed report on the status, methodology, and culmination timeline of all the research and studies being conducted to assess the health effects of burn pits. The report shall include an identification of any challenges and potential challenges with respect to completing such research and studies and recommendations to address such challenges.
The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits.
(a) In general.—The Secretary of Defense shall include in postdeployment health reassessments conducted under section 1074f of title 10, United States Code, pursuant to a Department of Defense Form 2796, or successor form, an independent and conspicuous question regarding exposure of members of the Armed Forces to open burn pits.
(b) Inclusion in assessments by military departments.—The Secretary of Defense shall ensure that the Secretary of each military department includes a question regarding exposure of members of the Armed Forces to open burn pits in any electronic postdeployment health assessment conducted by that military department.
(c) Open burn pit defined.—In this section, the term “open burn pit” has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking “or Iraq” and inserting “, Iraq, Egypt, or Syria”.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may commence the conduct of a pilot program through the award of grants to carry out a comprehensive brain health and treatment program that provides coordinated, integrated, multidisciplinary specialist evaluations, treatment initiation, and aftercare coordination to members of the Army, Navy, Air Force, Marine Corps, and Space Force impacted by traumatic brain injury and other associated health factors that influence long-term brain health and performance.
(A) EVALUATIONS.—Multidisciplinary specialist evaluations under paragraph (1) shall include evaluations in the following specialties:
(i) Brain injury medicine.
(ii) Neuropsychology.
(iii) Clinical psychology.
(iv) Psychiatry.
(v) Neuroendocrinology.
(vi) Sports medicine.
(vii) Muscular skeletal and vestibular physical therapy.
(viii) Neuroimaging.
(ix) Hormonal evaluation.
(x) Metabolic testing.
(xi) Cardiovascular testing.
(xii) Cerebrovascular testing.
(B) TREATMENT.—Treatment under paragraph (1) shall include the following:
(i) Headache treatment.
(ii) Sleep interventions and medication.
(iii) Injection-based therapies for musculoskeletal pain.
(iv) Cognitive rehabilitation.
(v) Vestibular physical therapy.
(vi) Exercise programming.
(b) Eligible individuals.—An individual is eligible to participate in the pilot program under this section if the individual—
(1) is a member of the Army, Navy, Air Force, Marine Corps, or Space Force who served on active duty; and
(2) experienced an incident for which treatment may be sought under the pilot program while performing—
(A) active service; or
(B) active Guard and Reserve duty.
(c) Maximum amount of grants.—In accordance with the services being provided under a grant under this section and the duration of those services, the Secretary shall establish a maximum amount to be awarded under the grant that is not greater than $750,000 per grantee per fiscal year.
(d) Requirements for receipt of financial assistance.—
(1) NOTIFICATION THAT SERVICES ARE FROM DEPARTMENT.—Each entity receiving financial assistance under this section to provide services to eligible individuals and their family shall notify the recipients of such services that such services are being paid for, in whole or in part, by the Department.
(2) COORDINATION WITH OTHER SERVICES FROM DEPARTMENT.—Each entity receiving a grant under this section shall coordinate with the Secretary with respect to the provision of clinical services to eligible individuals in accordance with any other provision of law regarding the delivery of healthcare under the laws administered by the Secretary.
(3) MEASUREMENT AND MONITORING.—Each entity receiving a grant under this section shall submit to the Secretary a description of the tools and assessments the entity uses or will use to determine the effectiveness of the services furnished by the entity under this section, including the effect of those services on—
(A) the financial stability of eligible individuals receiving those services;
(B) the mental health status, well-being, and suicide risk of those eligible individuals; and
(C) the social support of those eligible individuals.
(A) shall require each entity receiving financial assistance under this section to submit to the Secretary an annual report that describes the projects carried out with such financial assistance during the year covered by the report, including the number of eligible individuals served;
(B) shall specify to each such entity the evaluation criteria and data and information, which shall include a mental health, well-being, and suicide risk assessment of each eligible individual served, to be submitted in such report; and
(C) may require such entities to submit to the Secretary such additional reports as the Secretary considers appropriate.
(e) Termination.—The Secretary may not conduct the pilot program under this section after the date that is 3 years after the date of the enactment of this Act.
(f) Report.—Not later than 180 days after the date on which the pilot program under this section terminates, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of the pilot program.
(g) Definitions.—In this section, the terms “active duty”, “active Guard and Reserve duty”, and “active service” have the meanings given those terms in section 101 of title 10, United States Code.
Section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note), is amended by adding at the end the following new subsection:
“(e) Report.—Not later than 30 days after the date of termination of an acquisition program commenced using the authority under this section, the Secretary of Defense shall submit to Congress a notification of such termination. Such notice shall include—
“(1) the initial amount of a contract awarded under such acquisition program;
“(2) the aggregate amount of funds awarded under such contract; and
“(3) written documentation of the reason for termination of such acquisition program.”.
Section 2302(9) of title 10, United States Code, is amended to read as follows:
“(9) the term ‘nontraditional defense contractor’, with respect to a procurement or with respect to a transaction authorized under section 2371(a) or 2371b of this title, means—
“(A) an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to section 1502 of title 41 and the regulations implementing such section; or
“(B) a corporation all of the stock of which is owned by an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code of 1986).”.
(a) In general.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2366c the following new section:
Ҥ 2366d. Major weapon systems: life-cycle sustainment plans
“(a) Requirement.—Before granting Milestone C approval for a major weapon system acquired pursuant to a major defense acquisition program, the milestone decision authority for such program shall submit to the Secretary a life-cycle sustainment plan.
“(b) Elements.—A life-cycle sustainment plan required under subsection (a) shall include—
“(1) a sustainment plan that includes the product support strategy, performance, and operation and support costs of the major weapon system;
“(2) metrics to measure readiness and availability of the major weapon system to perform its intended purpose or function;
“(3) a schedule for the major maintenance and overhaul activities that will be required during the life cycle of the major weapon system; and
“(4) a sustainment baseline cost estimate for the planned life cycle of the major weapon system that includes a technical data and intellectual property management plan that clearly delineates which subsystems of the major weapon system are Government-owned or Government-required and which subsystems are owned by a prime contractor or subcontractor (at any tier).
“(c) Review.—The Secretary of Defense shall review a life-cycle sustainment plan submitted under subsection (a) 5 years after the receipt of Milestone C approval described in such subsection, and every 10 years thereafter, to ensure that the major weapon system is cost effective and is able to meet required metrics relating to readiness and availability of such system.
“(d) Notification requirements.—
“(1) IN GENERAL.—Not later than 45 days after a significant and critical breach of a sustainment baseline cost estimate of a life-cycle sustainment plan for a major weapon system acquired pursuant to a major defense acquisition program, the Secretary of the military department that is managing such program shall submit to the congressional defense committees a notification of such breach.
“(2) REVIEW.—Not later than 180 days after submitting a notification under paragraph (1), such Secretary shall review the sustainment costs of the major weapon system to which such notification relates relative to the sustainment baseline cost estimate.
“(3) ADDITIONAL SUBMISSION.—Such Secretary shall submit to the congressional defense committees—
“(A) a certification that the review required under paragraph (2) has been completed; and
“(B) a remediation plan or endorsement by such Secretary that the sustainment cost growth is justified and required for such Secretary to meet the requirements related to the major defense acquisition program.
“(e) Definitions.—In this section:
“(1) MAJOR DEFENSE ACQUISITION PROGRAM.—The term ‘major defense acquisition program’ has the meaning given in section 2430 of this title.
“(2) MAJOR WEAPON SYSTEM.—The term ‘major weapon system’ has the meaning given in section 2379(f) of this title.
“(3) MILESTONE C APPROVAL.—The term ‘Milestone C approval’ means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of a major defense acquisition program.
“(4) SUSTAINMENT BASELINE COST ESTIMATE.—The term ‘sustainment baseline cost estimate’ means the cost estimate and schedule for a life-cycle sustainment plan required under this section.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by inserting after the item relating to section 2366c the following new item:
“2366d. Major weapon systems: life-cycle sustainment plans.”.
Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) is amended—
(A) in paragraph (2), by striking “significant deficiencies” and inserting “deficiencies and material weaknesses”;
(B) in paragraph (4), by striking “significant deficiency” and inserting “material weakness”; and
(C) in paragraph (5)(A), by striking “significant deficiency” and inserting “material weakness”;
(2) in subsection (d)(1), by striking “significant deficiencies” and inserting “material weaknesses”;
(A) in paragraph (3), by striking “significant deficiency” and inserting “material weakness”;
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph (4); and
(D) by adding at the end the following new paragraph:
“(5) The term ‘material weakness’ means a deficiency or combination of deficiencies in the internal control of a contractor business system used to comply with contracting requirements of the Department of Defense, or other shortcomings in such system, such that there is a reasonable possibility that a material noncompliance with contracting requirements will not be prevented, or detected and corrected, on a timely basis.”.
(1) IN GENERAL.—The Director of the Joint Artificial Intelligence Center shall be responsible for, and shall have the authority to conduct, the following covered activities:
(A) Development and acquisition of artificial intelligence technologies, services, and capabilities.
(B) Sustainment of artificial intelligence technologies, services, and capabilities.
(2) ACQUISITION FUNCTIONS.—Subject to the authority, direction, and control of the Secretary of Defense, the Director shall have authority to exercise the functions of a head of an agency (as defined in section 2302 of title 10, United States Code) with respect to a covered activity described in paragraph (1).
(b) JAIC acquisition executive.—
(1) IN GENERAL.—The staff of the Director shall include an acquisition executive who shall be responsible for the supervision of covered activities under subsection (a). The acquisition executive shall have the authority—
(A) to negotiate memoranda of agreement with any element of the Department of Defense to carry out the acquisition of technologies, services, and capabilities described in subsection (a)(1) on behalf of the Center;
(B) to supervise the acquisition of technologies, services, and capabilities described in subsection (a)(1);
(C) to represent the Center in discussions with military departments regarding acquisition programs relating to covered activities for which the Center is involved; and
(D) to work with the military departments to ensure that the Center is appropriately represented in any joint working group or integrated product team regarding acquisition programs relating to covered activities for which the Center is involved.
(2) DELIVERY OF ACQUISITION SOLUTIONS.—The acquisition executive of the Center shall be—
(A) responsible to the Director for rapidly delivering acquisition solutions to meet validated artificial intelligence requirements;
(B) subordinate to the Under Secretary of Defense for Acquisition and Sustainment in matters of acquisition;
(C) subject to the same oversight as the service acquisition executives; and
(D) included on the distribution list for acquisition directives and instructions of the Department of Defense.
(1) IN GENERAL.—The Secretary of Defense shall provide the Center with ten full-time employees to support the Director in carrying out the requirements of this section. Such employees shall have experience in—
(A) program acquisition;
(B) the Joint Capabilities Integration and Development System process;
(C) program management;
(D) system engineering; and
(E) cost analysis.
(2) EXISTING PERSONNEL.—The personnel provided under this subsection shall be provided from among the existing personnel of the Department of Defense.
(d) Budget.—Any budget proposal of the Center for funding for any covered activity described under subsection (a) shall be disaggregated by the amount requested for each covered activity.
(e) Funding.—In exercising the authority granted in subsection (a), the Director may not obligate or expend more than $150,000,000 out of the funds made available in each of fiscal years 2021, 2022, 2023, 2024, and 2025 to enter into new contracts to support covered activities carried out under this section.
(f) Implementation plan required.—
(1) IN GENERAL.—The Secretary of Defense may use the authority granted under subsection (a) 30 days after the date on which the Secretary provides to the congressional defense committees a plan for implementation such authority. The plan shall include the following:
(A) A Department of Defense-wide definition of artificial intelligence technologies, services, and capabilities.
(B) Summaries of the components to be negotiated in any memoranda of agreement with an element of the Department of Defense to carry out covered activities described under subsection (a).
(C) Timelines for the negotiation and approval of any such memorandum of agreement.
(D) Plan for oversight of the position of acquisition executive established in subsection (b).
(E) Assessment of the acquisition workforce needs of the Center to support the authority in subsection (a) until September 30, 2025.
(F) Other matters as appropriate.
(2) RELATIONSHIP TO OTHER AUTHORITIES.—The requirement to submit a plan under this subsection is in addition to the requirements under section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1293).
(g) Sunset.—Effective October 1, 2025, the Director may not exercise the authority under subsection (a) and may not enter into any new contracts under this section. The performance on any contract entered into before such date may continue according to the terms of such contract.
(h) Definitions.—In this section:
(1) CENTER.—The term “Center” means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled “Establishment of the Joint Artificial Intelligence Center”, or any successor to such Center.
(2) COVERED ACTIVITY.—The term “covered activity”—
(A) means an acquisition activity conducted using the authority under this section; and
(i) a major defense acquisition program (as defined in section 2430 of title 10, United States Code); or
(ii) a procurement of technologies related to artificial intelligence, if the duration of such procurement is expected to be greater than five years.
(3) DIRECTOR.—The term “Director” means the Director of the Center.
(4) ELEMENT.—The term “element” means an element described under section 111(b) of title 10, United States Code.
(5) MILITARY DEPARTMENTS.—The term “military departments” has the meaning given in section 101(8) of title 10, United States Code.
(6) SERVICE ACQUISITION EXECUTIVE.—The term “service acquisition executive” has the meaning given in section 101(10) of title 10, United States Code.
(a) In general.—The Secretary of Defense shall take such action as necessary to reform the Department of Defense to provide more effective, efficient, and economical administration and operation, and to eliminate duplication.
(b) National defense strategy.—Each national defense strategy required by section 113(g) of title 10, United States Code, shall include a description of the reform efforts described under subsection (a).
(c) Defense Planning Guidance.—The annual Defense Planning Guidance (as described in section 113(g)(2)(A) of title 10, United States Code) shall include an explanation of how the Department of Defense will carry out the reform efforts described under subsection (a).
(d) Defense authorization request.—The Secretary of Defense shall include in the annual defense authorization request (as defined in section 113a of title 10, United States Code) a description of the savings from implementing the reform efforts described under subsection (a). Such description—
(1) shall be set forth separately from requested amounts;
(2) may not include savings relating to the deferment of requirements or taking of risk;
(3) shall be identified across the future-years defense plan; and
(4) shall provide a comparison with the savings in the annual defense authorization request from the prior year.
(e) Policy.—The Secretary of Defense shall develop a policy and issue guidance to implement reform within the Department of Defense in order to provide more effective, efficient, and economical administration and operations, and to eliminate duplication.
(f) Report.—The Secretary of Defense shall report annually to Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with a report on the reform efforts described under subsection (a).
(g) Military departments.—Each Secretary of a military department shall—
(1) take such action as necessary to reform the military department to provide more effective, efficient, and economical administration and operations, and to eliminate duplication; and
(2) develop a policy and issue guidance to implement reform within the military department in order to provide more effective, efficient, and economical administration and operations, and to eliminate duplication.
(h) Combatant commands.—Each commander of a combatant command shall provide the Secretary of Defense with recommendations to reform the combatant command of such commander to provide more effective, efficient, and economical administration and operations, and to eliminate duplication.
(a) Milestone decision authority for major defense acquisition programs and major systems.—
(1) PROGRAM EXECUTIVE OFFICER.—The Secretary of the Air Force may assign an appropriate program executive officer as the milestone decision authority for major defense acquisition programs of the United States Space Force.
(2) PROGRAM MANAGER.—The program executive officer assigned under paragraph (1) may delegate authority over major systems to an appropriate program manager.
(b) Alternative Space Acquisition System.—
(1) IN GENERAL.—The Secretary of Defense shall take such actions necessary to develop an acquisition pathway within the Department of Defense to be known as the “Alternative Space Acquisition System” that is specifically tailored for space systems and programs in order to achieve faster acquisition and more rapid fielding of critical systems (including by using new commercial capabilities and services), while maintaining accountability for effective programs that are delivered on time and on budget.
(2) GOAL.—The goal of the Alternative Space Acquisition System shall be to quickly and effectively acquire space warfighting capabilities needed to address the requirements of the national defense strategy (as defined under section 113(g) of title 10, United States Code).
(3) REPORT.—Not later than January 15, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the Alternative Space Acquisition System that includes the following:
(A) Proposed United States Space Force budget line items for fiscal year 2022, including—
(i) a comparison with budget line items for major defense acquisition programs and major systems of the United States Space Force for three previous fiscal years; and
(ii) measures to ensure sufficient transparency related to the performance of the Alternative Space Acquisition System and opportunities to oversee funding priorities for the Alternative Space Acquisition System.
(B) Proposed revised, flexible, and streamlined options for joint requirements validation in order to be more responsive and innovative, while ensuring the ability of the Joint Chiefs of Staff to ensure top-level system requirements are properly prioritized to address joint warfighting needs.
(C) A list of acquisition programs of the United States Space Force for which multiyear procurement authorities are recommended.
(D) A list of space acquisition programs that may be able to use existing alternative acquisition pathways.
(E) Policies for a new Alternative Space Acquisition System with specific acquisition key decision points and reporting requirements for development, fielding, and sustainment activities that meets the requirements of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, “Operation of the Adaptive Acquisition Framework”).
(F) Updated determination authority for procurement of useable end items that are not weapon systems.
(G) Policies and a governance structure for a separate United States Space Force budget topline, corporate process, and portfolio management process.
(H) An analysis of the risks and benefits of the delegation of the authority of the head of contracting activity authority to the Chief of Space Operations in a manner that would not expand the operations of the United States Space Force.
(c) Comptroller General Review.—Not later than 60 days after the submission of the report required under subsection (b)(3), the Comptroller General of the United States shall review such report and submit to the congressional defense committees an analysis and recommendations based on such report.
(d) Definitions.—In this section:
(1) MAJOR DEFENSE ACQUISITION PROGRAM.—The term “major defense acquisition program” has the meaning given in section 2430 of title 10, United States Code.
(2) MAJOR SYSTEM.—The term “major system” has the meaning given in section 2302 of title 10, United States Code.
(3) MILESTONE DECISION AUTHORITY.—The term “milestone decision authority” has the meaning given in section 2431a of title 10, United States Code.
(4) PROGRAM EXECUTIVE OFFICER; PROGRAM MANAGER.—The terms “program executive officer” and “program manager” have the meanings given those terms, respectively, in section 1737 of title 10, United States Code.
(a) Sustainment activities in the national defense strategy.—
(1) IN GENERAL.—Section 113(g)(1)(B) of title 10, United States Code, is amended by adding at the end the following new subsection:
“(vii) A strategic framework prescribed by the Secretary that guides how the Department will prioritize and integrate activities relating to sustainment of major defense acquisition programs, core logistics capabilities (as described under section 2464 of this title), and the national technology and industrial base (as defined in section 2500 of this title).”.
(2) DUTIES OF THE UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT.—Section 133b(b) of title 10, United States Code, is amended—
(A) in paragraph (7), by striking “and” at the end;
(B) in paragraph (8), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(9) advising the Secretary on all aspects of acquisition and sustainment relating to—
“(A) major defense acquisition programs;
“(B) core logistics capabilities (as described under section 2464 of this title);
“(C) the national technology and industrial base (as defined in section 2500 of this title); and
“(D) the development of the strategic framework described in section 113(g)(1)(B)(vii) of this title.”.
(3) INTERIM GUIDANCE.—Not later than October 1, 2021, the Secretary of Defense shall publish interim guidance to carry out the requirements of this subsection.
(b) Report.—Not later than February 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the progress towards publishing the interim guidance required under subsection (a)(3).
Section 2229b(b)(2) of title 10, United States Code, is amended by striking “a summary of” and all that follows through “discussion of the” and inserting “a discussion of selected organizational, policy, and legislative changes, as determined appropriate by the Comptroller General, and the potential”.
(a) Department of Defense contractors.—
(1) IN GENERAL.—Section 2409(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(4) This section applies to any disclosure made by an employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor whether or not such employee has signed, or is subject to, a nondisclosure policy, form, or agreement with such contractor, subcontractor, grantee, or subgrantee or personal services contractor.”.
(2) NOTIFICATION OF EMPLOYEES.—Section 2409(d) of title 10, United States Code, is amended—
(A) by striking “inform” and inserting “submit to the Secretary or Administrator (as applicable) a certification stating that such contractor or subcontrator has informed”; and
(B) by inserting “(including the applicability of such rights and remedies if such an employee has signed, or is subject to, a nondisclosure policy, form, or agreement)” after “under this section”.
(3) APPLICATION.—With respect to a nondisclosure policy, form, or agreement between a covered contractor and a covered employee that was in effect before the effective date of this Act, paragraph (4) of section 2409(a) of title 10, United States Code, as added by paragraph (1), shall apply if a covered contractor has provided notice to a covered employee of the rights and remedies of the covered employee relating to a nondisclosure policy, form, or agreement under section 2409(d) of such title, as amended by paragraph (2).
(4) WEBSITE UPDATE.—The Inspector General of the Department of Defense and the Inspector General of the National Aeronautics and Space Administration shall update any relevant websites to include information about this subsection and the amendments made by this subsection.
(5) DEFINITIONS.—In this subsection:
(A) COVERED CONTRACTOR.—The term “covered contractor” means a contractor, grantee, or personal services contractor of the Department of Defense or the National Aeronautics and Space Administration.
(B) COVERED EMPLOYEE.—The term “covered employee” means an employee of a covered contractor or a subcontractor or subgrantee of a covered contractor.
(b) Other Government contractors.—
(1) IN GENERAL.—Section 4712(a) of title 41, United States Code, is amended by adding at the end the following new paragraph:
“(4) EFFECT OF A NONDISCLOSURE POLICY, FORM, OR AGREEMENT.—This section applies to any disclosure made by an employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor whether or not such employee has signed, or is subject to, a nondisclosure policy, form, or agreement with such contractor, subcontractor, grantee, or subgrantee or personal services contractor.”.
(2) NOTIFICATION OF EMPLOYEES.—Section 4712(d) of title 41, United States Code, is amended—
(A) by striking “inform” and inserting “submit to the applicable head of each executive agency a certification stating that such contractor or subcontractor has informed”; and
(B) by inserting “(including the applicability of such rights and remedies if such an employee has signed, or is subject to, a nondisclosure policy, form, or agreement)” after “under this section”.
(3) APPLICATION.—With respect to a nondisclosure policy, form, or agreement between a covered contractor and a covered employee that was in effect before the effective date of this Act, paragraph (4) of section 4712(a) of title 41, United States Code, as added by paragraph (1), shall apply if a covered contractor has provided notice to a covered employee of the rights and remedies of the covered employee relating to a nondisclosure policy, form, or agreement under section 4712(d) of such title, as amended by paragraph (2).
(4) WEBSITE UPDATE.—Each Inspector General (as defined in section 4712(g) of title 41, United States Code) shall update any relevant websites to include information about this subsection and the amendments made by this subsection.
(5) DEFINITIONS.—In this subsection:
(A) COVERED CONTRACTOR.—The term “covered contractor” means a contractor, grantee, or personal services contractor for a Federal contract or grant (as defined for purposes of division C of title 41).
(B) COVERED EMPLOYEE.—The term “covered employee” means an employee of a covered contractor or a subcontractor (at any tier) or subgrantee (at any tier) of a covered contractor.
(c) Notification and remedies.—
(1) NOTIFICATION.—A covered contractor shall inform the contracting officer responsible for any contracts of such covered contractor—
(A) if a person engaged in the performance of any such contract has been subjected to a reprisal prohibited by section 2409(a) of title 10, United States Code, or section 4712(a) of title 41, United States Code, where such reprisal has been substantiated;
(B) any investigation of a complaint relating to any such contract conducted by an Inspector General pursuant to section 2409(b) of title 10, United States Code, or section 4712(b) of title 41, United States Code; and
(C) any action taken by a covered contractor or a covered employee for any such contract to address a substantiated reprisal described in subparagraph (A).
(2) REMEDIES.—In addition to other remedies available, if a covered contractor fails to comply with the requirements of paragraph (1), the relevant head of a Federal agency may—
(A) require the covered contractor to prohibit a covered employee from performing a contract if such covered employee has violated section 2409(a) of title 10, United States Code, or section 4712(a) of title 41, United States Code;
(B) require the covered contractor to terminate a subcontract if the subcontractor for such subcontract has violated such sections;
(C) suspend payments to a covered contractor until such covered contractor has taken appropriate remedial action.
(3) DEFINITIONS.—In this subsection:
(A) COVERED CONTRACTOR.—The term “covered contractor” means—
(i) with respect to a contract of the Department of Defense or the National Aeronautics and Space Administration, a contractor, grantee, or personal services contractor; and
(ii) with respect to a Federal contract or grant (as defined for purposes of division C of title 41), a contractor, grantee, or personal services contractor for such a Federal contract or grant.
(B) COVERED EMPLOYEE.—The term “covered employee” means an employee of a covered contractor or a subcontractor (at any tier) or subgrantee (at any tier) of a covered contractor.
(d) Training.—The Administrator of the Office of Federal Procurement Policy shall update any required training for Federal employees responsible for contract oversight relating to—
(1) contracting certification requirements;
(2) processes for receiving a complaint from a person alleging discrimination as a reprisal for disclosing information under section 2409(a) of title 10, United States Code, or section 4712(a) of title 41, United States Code; and
(3) prohibitions on contracting with entities that require confidentiality agreements.
(e) Clarification of whistleblower protection for subcontractors and subgrantees.—
(1) DEPARTMENT OF DEFENSE CONTRACTORS.—Section 2409 of title 10, United States Code, is amended—
(A) in subsection (a)(2)(G), by striking “or subcontractor” and inserting “subcontractor, grantee, or subgrantee”;
(B) in subsection (b)(1), by striking “to the person” and all that follows through the period at the end and inserting to—
“(A) the person;
“(B) the contractor, subcontractor, grantee, or subgrantee concerned; and
“(C) the head of the agency.”;
(I) in the matter preceding subparagraph (A), by striking “contractor” and inserting “contractor, subcontractor, grantee, or subgrantee”; and
(II) in subparagraphs (A), (B), and (C), by striking “contractor” and inserting “contractor, subcontractor, grantee, or subgrantee concerned”; and
(ii) in paragraph (2), by striking “contractor” and inserting “contractor, subcontractor, grantee, or subgrantee (as applicable)”;
(D) in subsection (d), by striking “and subcontractors” and inserting “subcontractors, grantees, and subgrantees”; and
(E) in subsection (g), by adding at the end the following new paragraphs:
“(8) The term ‘subgrantee’ includes a subgrantee at any tier.
“(9) The term ‘subcontractor’ includes a subcontractor at any tier.”.
(2) OTHER GOVERNMENT CONTRACTORS.—Section 4712 of title 41, United States Code, is amended—
(A) in subsection (a)(2)(G), by striking “or grantee” and inserting “grantee, or subgrantee”;
(B) in subsection (b)(1), by striking “to the person” and all that follows through the period at the end and inserting to—
“(A) the person;
“(B) the contractor, subcontractor, grantee, or subgrantee concerned; and
“(C) the head of the agency.”;
(I) in the matter preceding subparagraph (A), by striking “contractor or grantee” and inserting “contractor, subcontractor, grantee, or subgrantee”; and
(II) in subparagraphs (A), (B), and (C), by striking “contractor or grantee” and inserting “contractor, subcontractor, grantee, or subgrantee concerned”; and
(ii) in paragraph (2), by striking “contractor or grantee” and inserting “contractor, subcontractor, grantee, or subgrantee (as applicable)”;
(D) in subsection (d), by striking “and grantees” and inserting “grantees, and subgrantees”; and
(E) in subsection (g), by adding at the end the following new paragraphs:
“(3) The term ‘subgrantee’ includes a subgrantee at any tier.
“(4) The term ‘subcontractor’ includes a subcontractor at any tier.”.
(a) Competition requirements for purchases from Federal Prison Industries.—Subsections (a) and (b) of section 2410n of title 10, United States Code, are amended to read as follows:
“(a) Market research.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—
“(1) is comparable to products available from the private sector; and
“(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.
“(b) Competition requirement.—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery, the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”.
(b) Effective date.—The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.
Section 2313(d)(3) of title 41, United States Code, is amended by inserting “, and an identification of any beneficial owner of such corporation,” after “to the corporation”.
Section 2509(b)(2)(A)(ii) of title 10, United States Code, is amended by striking “(other than optical transmission components)”.
Section 2870(d) of title 10, United States Code, is amended—
(1) in paragraph (1), by inserting “or” at the end;
(2) in paragraph (2), by striking “; or” at the end and inserting a period; and
(3) by striking paragraph (3).
Section 836 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2302 note) is amended—
(1) by amending subsection (b)(1) to read as follows:
“(A) with respect to a contract or group of contracts for services, on a date that is the later of—
“(i) at least 7 fiscal years before the current fiscal year; and
“(ii) the number of years applicable to the contract or group of contracts in subpart 4.7 of the Federal Acquisition Regulation (as in effect on April 1, 2020);
“(B) with respect to a contract or group of contracts not described in subparagraph (A), on a date that is at least 17 fiscal years before the current fiscal year;”;
(2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
(3) by inserting after subsection (e) the following new subsection:
“(f) Oversight.—The Secretary of Defense, acting through the Director of the Defense Contract Management Agency, shall establish and maintain a centralized capability with necessary expertise and resources to provide oversight of the closeout of a contract or group of contracts covered by this section.”.
(a) Portfolio management plan.—The Secretary of Defense shall direct the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Chairman of the Joint Chiefs of Staff, and the Director of Cost Assessment and Program Evaluation, to develop a plan to identify, develop, and acquire databases, analytical and financial tools, and workforce skills to improve the Department of Defense-wide assessment, management, and optimization of the investments in weapon systems of the Department, including through consolidation of duplicate or similar weapon system programs.
(b) Plan contents.—The plan developed under subsection (a) shall—
(1) describe the databases and analytical and financial tools in use by the Department of Defense that may be used to support the Department-wide assessment, management, and optimization of the investments in weapon systems of the Department;
(2) determine the database and analytical and financial tool requirements that must be met, and the workforce skills necessary, for more effective Department-wide reviews, analyses, and management by the Secretary of the investments in weapon systems of the Department;
(3) identify the skills described in paragraph (2) that are possessed by the workforce of the Department;
(4) identify the databases and analytical and financial tools to be modified, developed, or acquired to improve the Department-wide reviews, analyses, and management of the investments in weapon systems of the Department; and
(5) set forth a timeline for implementing the plan, including a timeline for the modification, development, and acquisition of each database and analytical and financial tool identified under paragraph (4).
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the plan developed under subsection (a).
(2) FORM.—The plan submitted under paragraph (1) shall be in an unclassified form but may contain a classified annex.
Section 2380 of title 10, United States Code, is amended by—
(1) redesignating subsection (b) as subsection (c); and
(2) inserting after subsection (a) the following new subsection:
“(b) Determinations regarding the commercial nature of products or services.—
“(1) IN GENERAL.—A contracting officer of the Department of Defense shall make a binding determination whether a particular product or service offered by a contractor meets the definition of a commercial product or commercial service. The contracting officer may seek the advice of the cadre of experts established pursuant to section 831(b)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1842; 10 U.S.C. 2306a note), or request the cadre of experts to make a determination that a product or service is a commercial product or commercial service.
“(2) MEMORANDUM.—Within 30 days after making a determination that a product or service is a commercial product or commercial service, the contracting officer shall submit a written memorandum summarizing the determination, consistent with the template in Appendix B of the Department of Defense Guidebook for Acquiring Commercial Items (issued January 2018 and revised July 2019), to—
“(A) the Director of the Defense Contract Management Agency for inclusion in any database established to fulfill the requirements of subsection (a)(2); and
“(B) the contractor asserting the commercial nature of the product or service.”.
Section 2322 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(c) Guidelines and resources.—
“(1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
“(A) model forms for specially negotiated licenses described under section 2320(f) (as appropriate); and
“(B) an identification of definitions, key terms, examples, and case studies that resolve ambiguities in the differences between—
“(i) detailed manufacturing and process data;
“(ii) form, fit, and function data; and
“(iii) data required for operations, maintenance, installation, and training.
“(2) CONSULTATION.—In developing the guidelines and resources described in paragraph (1), the Secretary shall regularly consult with appropriate stakeholders, including large and small businesses, traditional and non-traditional contractors (including subcontractors), and maintenance repair organizations.”.
(1) IN GENERAL.—Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:
“(a) In general.—Each contract for the procurement of goods or services in excess of $10,000,000, other than a contract for the procurement of commercial products or commercial services, that is entered into by the Secretary of Defense shall include a provision under which the contractor agrees to submit to the Secretary of Defense, not later than April 1 of each year such contract is in effect, a written report setting forth the information required by subsection (b).
“(b) Report contents.—Except as provided in subsection (c), a report by a contractor under subsection (a) shall—
“(1) list the name of each person who—
“(A) is a former officer or employee of the Department of Defense or a former or retired member of the armed forces who served—
“(i) in an Executive Schedule position under subchapter II of chapter 53 of title 5;
“(ii) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5;
“(iii) in a position compensated at a rate of pay for grade O–6 or above under section 201 of title 37; or
“(iv) as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for such a contract; and
“(B) during the preceding calendar year was provided compensation by the contractor, if such compensation was first provided by the contractor not more than four years after such former officer or employee of the Department of Defense, or such former or retired member of the armed forces, left service in the Department of Defense;
“(2) in the case of each person listed under paragraph (1)(A)—
“(A) identify the department or entity in which such person was employed or served on active duty during the last two years of such person's service with the Department of Defense;
“(B) state such person's job title and identify any project on which such person performed any work or for which such person provided any goods pursuant to a contract with the Department of Defense during the last two years of such person's service with the Department; and
“(C) state such person's current job title with the contractor and identify each project on which such person has performed any work or for which such person provided any goods on behalf of the contractor; and
“(3) if the contractor is a client, include—
“(i) lists each specific issue for which the contractor, any employee of the contractor, or any lobbyist paid by the contractor engaged in lobbying activities directed at the Department of Defense; and
“(ii) specifies the Federal rule or regulation, Executive order, or other program, policy, contract, or position of the Department of Defense to which the lobbying activities described in clause (i) related;
“(iii) lists each lobbying activity directed at the Department of Defense that the contractor, any employee of the contractor, or any lobbyist paid by the contractor has engaged in on behalf of the contractor, including—
“(I) each document prepared by the contractor, any employee of the contractor, or any lobbyist paid by the contractor that was submitted to an officer or employee of the Department of Defense by the lobbyist;
“(II) each meeting that was a lobbying contact with an officer or employee of the Department of Defense, including the subject of the meeting, the date of the meeting, and the name and position of each individual who attended the meeting;
“(III) each phone call made to an officer or employee of the Department of Defense that was a lobbying contact, including the subject of the phone call, the date of the phone call, and the name and position of each individual who was on the phone call; and
“(IV) each electronic communication sent to an officer or employee of the Department of Defense that was a lobbying contact, including the subject of the electronic communication, the date of the electronic communication, and the name and position of each individual who received the electronic communication;
“(iv) lists the name of each employee of the contractor who—
“(I) did not participate in a lobbying contact with an officer or employee of the Department of Defense; and
“(II) engaged in lobbying activities in support of a lobbying contact with an officer or employee of the Department of Defense; and
“(v) describes the lobbying activities referred to in clause (iv)(II); and
“(B) a copy of any document transmitted to an officer or employee of the Department of Defense in the course of the lobbying activities described in subparagraph (A)(iv)(II).
“(c) Duplicate information not required.—An annual report submitted by a contractor pursuant to subsection (b) need not provide information with respect to any former officer or employee of the Department of Defense or former or retired member of the armed forces if such information has already been provided in a previous annual report filed by such contractor under this section.
“(d) Public access to reports.—The Secretary of Defense shall make any report described under subsection (a) publicly available on a website of the Department of Defense not later than 45 days after the receipt of such report.
“(e) Definitions.—In subsection (b)(3), the terms ‘client’, ‘lobbying activities’, ‘lobbying contact’, and ‘lobbyist’ have the meanings given the terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603).”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item:
“Sec. 2410t. Defense contractors: requirements concerning former Department of Defense officials.”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to contracts entered into on or after that date.
Section 2306a(b)(4) of title 10, United States Code, is amended—
(1) in subparagraph (A), by striking “subsequent procurements of such product or service” and inserting: subsequent procurements of—
“(i) the commercial product;
“(ii) a component of the commercial product;
“(iii) a service for maintenance or repair of the commercial product; or
“(iv) the commercial service.”; and
(A) by striking “request a review” and inserting the following: “provide a detailed explanation for not making the presumption described in subsection (A) along with a request for a review”; and
(B) by adding at the end the following: “When conducting such review, the head of the contracting activity may consider evidence of the commercial nature of the product or service under review that is provided by an offeror.”
(a) In general.—Section 2504 of title 10, United States Code, is amended—
(1) by striking “The Secretary” and inserting the following:
“(a) Annual report.—The Secretary”; and
(2) by adding at the end the following new subsection:
“(b) Quarterly briefings.— (1) The Secretary of Defense shall ensure that the congressional defense committees receive quarterly briefings on the progress of the Department of Defense to address the prioritized list of gaps or vulnerabilities in the national technology and industrial base described in subsection (a)(3)(B) as follows:
“(A) One quarterly briefing per year shall be provided by the Secretary of the Army.
“(B) One quarterly briefing per year shall be provided by the Secretary of the Navy.
“(C) One quarterly briefing per year shall be provided by the Secretary of the Air Force.
“(D) One quarterly briefing per year shall be provided by all appropriate heads of the Defense Agencies identified under subsection (a)(3)(B)(ii).
“(2) Each briefing under paragraph (1) shall include an update of the progress of addressing such gaps or vulnerabilities by the Secretary concerned or the appropriate head of a Defense Agency, including an update on—
“(A) actions taken to address such gaps or vulnerabilities;
“(B) the mitigation strategies necessary to address such gaps or vulnerabilities; and
“(C) the proposed timeline for action to address such gaps or vulnerabilities.”.
(b) Conforming and clerical amendments.—
(1) HEADING AMENDMENT.—The heading of section 2504 of such title is amended to read as follows:
“§ 2504. National technology and industrial base: annual report and quarterly briefings”.
(2) CLERICAL AMENDMENT.—The table of sections for subchapter II of chapter 148 of such title is amended by striking the item relating to section 2504 and inserting the following new item:
“2504. National technology and industrial base: annual report and quarterly briefing.”.
(a) In general.—Section 2533c of title 10, United States Code, is amended—
(1) in subsection (a)(1), by striking “material melted” and inserting “material mined, refined, separated, melted,”; and
(2) in subsection (c)(3)(A)(i), by striking “tungsten” and inserting “covered material”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on the date that is 3 years after the date of the enactment of this Act.
(a) Technical amendment.—The second subsection (k) of section 2534 of title 10, United States Code (relating to Implementation of Auxiliary Ship Component Limitation), is redesignated as subsection (l).
(b) Components for auxiliary ships.—Section 2534(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(6) COMPONENTS FOR AUXILIARY SHIPS.—Subject to subsection (l), the following components:
“(A) Large medium-speed diesel engines.
“(B) Auxiliary equipment, including pumps, for all shipboard services.
“(C) Propulsion system components, including engines, reduction gears, and propellers.
“(D) Shipboard cranes.
“(E) Spreaders for shipboard cranes.”.
(c) Implementation.—Subsection (l) of section 2534 of title 10, United States Code, as redesignated by subsection (a), is amended—
(1) by redesignating the second sentence to appear as flush text at the end;
(2) by striking “auxiliary ship after the date” and inserting the following: auxiliary ship—
“(1) with respect to large medium-speed diesel engines described under subparagraph (A) of such subsection, after the date”;
(3) in paragraph (1) (as so designated), by striking “Navy.” and inserting “Navy; and”; and
(4) by inserting after paragraph (1) (as so designated) the following new paragraph:
“(2) with respect to components listed in subparagraphs (B) through (E) of such subsection, after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy.”.
(a) In general.—The Secretary of Defense shall, to the maximum extent practicable, acquire materials that are determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States in the following order of preference:
(1) From sources located within the United States.
(2) From sources located within the national technology and industrial base (as defined in section 2500 of title 10, United States Code).
(3) From other sources as appropriate.
(b) Eliminate dependency on China.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense (Comptroller), the Vice Chairman of the Joint Chiefs of Staff, and the appropriate Under Secretary of State, as designated by the Secretary of State, shall issue guidance to ensure the elimination of the dependency of the United States on rare earth materials from China by fiscal year 2035.
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of any procurement carried out in connection with major defense acquisition programs.
(2) INFORMATION REPOSITORY.—The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content that can be used for continuous data analysis and program management activities.
(b) Enhanced domestic content requirement.—
(1) IN GENERAL.—For purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured in connection with a major defense acquisition program shall be deemed to be manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if such component articles, materials, or supplies—
(A) not later than October 1, 2021, comprise 75 percent of the manufactured articles, materials, or supplies;
(B) not later than October 1, 2022, comprise 80 percent of the manufactured articles, materials, or supplies;
(C) not later than October 1, 2023, comprise 85 percent of the manufactured articles, materials, or supplies;
(D) not later than October 1, 2024, comprise 90 percent of the manufactured articles, materials, or supplies;
(E) not later than October 1, 2025, comprise 95 percent of the manufactured articles, materials, or supplies; and
(F) not later than October 1, 2026, comprise 100 percent of the manufactured articles, materials, or supplies.
(2) WAIVER.—Before Milestone A approval (as defined in section 2366a(d) of title 10, United States Code) is granted for a major defense acquisition program, the Secretary of Defense shall determine whether or not to grant a waiver of the requirements of paragraph (1).
(3) EFFECTIVE DATE.—The domestic content requirement under paragraph (1) applies to contracts entered into on or after October 1, 2021.
(c) Major defense acquisition program defined.—In this section, the term “major defense acquisition program” has the meaning given in section 2430 of title 10, United States Code.
(a) Purchases.—Beginning in fiscal year 2023, the Secretary of Defense shall require that any contractor or subcontractor that provides covered printed circuit boards for use by the Department of Defense to certify that, of the total value of the covered printed circuit boards provided by such contractor or subcontractor pursuant to a contract with the Department of Defense, not less than the percentages set forth in subsection (b) were manufactured and assembled within a covered country.
(b) Implementation.—In making a certification under subsection (a), a contractor or subcontractor shall use the following percentages:
(1) During fiscal years 2023 through 2027, the greater of—
(A) 50 percent; or
(B) 75 percent, if the Secretary of Defense has determined that suppliers in covered countries are capable of supplying 75 percent of Department of Defense requirements for printed circuit boards.
(2) During fiscal years 2028 through 2032, the greater of—
(A) 75 percent; or
(B) 100 percent, if the Secretary of Defense has determined that suppliers in covered countries are capable of supplying 100 percent of Department of Defense requirements for printed circuit boards.
(3) Beginning in fiscal year 2033, 100 percent.
(1) IN GENERAL.—In the event that a contractor or subcontractor is unable to make the certification required under subsection (a), the Secretary may accept covered printed circuit boards from such contractor or subcontractor for up to 1 year while requiring the contractor to complete a remediation plan. Such a plan shall be submitted to the congressional defense committees and shall require the contractor or subcontractor that failed to make the certification required under subsection (a) to—
(A) audit its supply chain to identify any areas of security vulnerability and noncompliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and
(B) meet the requirements of subsection (a) within 1 year after the initial missed certification deadline.
(2) RESTRICTION.—No contractor or subcontractor that has supplied covered printed circuit boards while under a remediation plan shall be eligible to enter into another remediation plan under subsection (c) for a period of 5 years.
(d) Waiver.—The Secretary of Defense may waive the requirement under subsection (a) with respect to a contractor or subcontractor if the Secretary determines that—
(1) there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by accepting covered printed circuit boards under such waiver; and
(2) the contractor is otherwise in compliance with all relevant cybersecurity provisions relating to members of the defense industrial base, including section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(e) Availability exception.—Subsection (a) shall not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that covered printed circuit boards of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from covered countries.
(f) Definitions.—In this section:
(1) COVERED COUNTRY.—The term “covered country” means—
(A) the United States; or
(B) a foreign country whose government has a memorandum of understanding or agreement with the United States that—
(i) where applicable, complies with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with section 2457 of title 10, United States Code; and
(I) requires the United States to purchase supplies from foreign sources for the purposes of offsetting sales made the by United States Government or United States firms under approved programs serving defense requirements; or
(II) under which the United States and such government agree to remove barriers to purchase supplies produced in such foreign country or services performed by sources of such foreign country.
(2) COVERED PRINTED CIRCUIT BOARD.—
(A) IN GENERAL.—The term “covered printed circuit board” means any printed circuit board that is—
(i) a product that is not a commercial product (as defined in section 103 of title 41, United States Code); or
(ii) a commercial product (as defined in section 103 of title 41, United States Code), other than a commercially available off-the-shelf item (as defined in section 104 of title 41, United States Code) not described in subparagraph (B).
(B) COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS DESCRIBED.—The commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) described in this subparagraph are such items that are acquired under a contract with an award value that is greater than the micro-purchase threshold under section 2338 of title 10, United States Code, for use as an integral component in a system designed for—
(i) telecommunications, including data communications and fifth-generation cellular communications;
(ii) data storage;
(iii) medical applications;
(iv) networking;
(v) computing;
(vi) radar;
(vii) munitions; or
(viii) any other system that the Secretary of Defense determines should be covered under this section.
(3) SUBCONTRACTOR.—The term “subcontractor” includes subcontractors at any tier.
Not later than September 30, 2021, and annually thereafter, the Secretary of Defense shall submit a report to congressional defense committees—
(1) describing in detail the use of any waiver or exception by the Department of Defense to the requirements of chapter 83 of title 41, United States Code, or section 2533a of title 10, United States Code, relating to domestic nonavailability determinations;
(2) specifying the type of waiver or exception used; and
(3) providing an assessment of the impact on the use of such waivers or exceptions due to the COVID–19 pandemic and associated challenges with investments in domestic sources.
(a) Findings.—Congress finds the following:
(1) Prohibiting the use of telecommunications and video surveillance products or services from certain Chinese entities within the Federal Government’s supply chain is essential to our national security.
(2) Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1917; 41 U.S.C. note prec. 3901) restricts Federal agencies from procuring, contracting with entities that use, or funding the purchase of certain telecommunications products of Chinese companies determined by Congress to pose a substantial threat to the security of our communication infrastructure.
(3) Specifically, section 889(a)(1)(B) of such Act, effective August 13, 2020, will prohibit Federal agencies from entering into, extending, or renewing a contract with an entity that uses covered telecommunications and video surveillance equipment or services from designated Chinese companies, including Huawei and ZTE, in their supply chains.
(4) As of July 1, 2020, the Federal Acquisition Regulatory Council has yet to release a draft rule for public comment on the implementation of the prohibitions described in section 889(a)(1)(B) of such Act, leaving Federal agencies and contractors that provide equipment and services to the Federal Government without implementation guidance necessary to adequately plan for or comply with the prohibitions.
(5) Belated, and then hurried, implementation of this critical prohibition puts at risk the Federal Government’s ability to acquire essential goods and services and increases vulnerability in the supply chain through inconsistent implementation.
(6) A senior Department of Defense leader testified on June 10, 2020, that, “I am very concerned about being able to implement [the prohibition] in August, as well as totally comply within two years * * * I believe we need more time”.
(7) Subsequent to the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), Congress established the Federal Acquisition Security Council (FASC)—comprised of senior officials from the Office of Management and Budget, General Services Administration, Department of Defense, Department of Homeland Security and the intelligence community—to streamline the Federal Government’s supply chain risk management efforts and develop criteria and processes for supply chain information sharing among executive agencies.
(b) Sense of Congress.—It is the sense of Congress that—
(1) successful implementation of the prohibition on using or procuring certain telecommunications and video surveillance equipment under section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1917; 41 U.S.C. note prec. 3901) is critical to protecting the supply chain of the Federal Government, and Federal agencies should draw upon the expert resources available (such as the Federal Acquisition Security Council established under subchapter III of chapter 13 of title 41, United States Code) to ensure implementation of such prohibition is done in a comprehensive and deliberative manner; and
(2) the Federal Acquisition Regulatory Council shall ensure successful implementation of such prohibition by providing sufficient time for public comment and review of any related rulemaking.
(a) Finding.—Congress finds that aluminum production capacity in the United States is critical to United States national security.
(b) Designation of aluminum as specialty metal.—Section 2533b(l) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(5) Aluminum and aluminum alloys.”
(c) Federal Highway Administration.—Section 313(a) of title 23, United States Code, is amended by striking “unless steel, iron, and manufactured products” and inserting “unless steel, iron, aluminum, and manufactured products”.
(d) Federal Transit Administration.—Section 5323(j) of title 49, United States Code, is amended—
(1) in paragraph (1), by striking “only if the steel, iron, and manufactured goods” and inserting “only if the steel, iron, aluminum, and manufactured goods”;
(2) in paragraph (2)(B), by striking “steel, iron, and goods” and inserting “steel, iron, aluminum, and manufactured goods”;
(3) in paragraph (5), by striking “or iron” and inserting “, iron, or aluminum”;
(4) in paragraph (6)(A)(i), by inserting “, aluminum” after “iron”;
(5) in paragraph (10), by inserting “, aluminum” after “iron”; and
(A) in the paragraph heading, by striking “and iron” and inserting “, iron, and aluminum”; and
(B) by striking “and iron” and inserting “, iron, and aluminum”.
(e) Federal Railroad Administration.—Section 22905(a) of title 49, United States Code, is amended—
(1) in paragraph (1), by striking “only if the steel, iron, and manufactured goods” and inserting “only if the steel, iron, aluminum, and manufactured products”;
(2) in paragraph (2)(B), by inserting “, aluminum” after “iron”; and
(3) in paragraph (9), by inserting “, aluminum” after “iron”.
(f) Federal Aviation Administration.—Section 50101(a) of title 49, United States Code, is amended by striking “steel and manufactured goods” and inserting “steel, aluminum, and manufactured goods”.
(g) Amtrak.—Section 24305(f)(2) of title 49, United States Code, is amended by inserting “(including aluminum)” after “supplies” each place it appears.
(a) Sense of congress.—It is the sense of Congress that, consistent with any determinations made pursuant to section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), the refining of aluminum and the development of processing and manufacturing capabilities for aluminum, including a geographically diverse set of such capabilities, may have important implications for the defense industrial base and the national defense.
(b) Report.—Not later than September 30, 2021, the Secretary of Defense shall submit to the appropriate congressional committees a report on—
(1) how authorities under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) could be used to provide incentives to increase activities relating to refining aluminum and the development of processing and manufacturing capabilities for aluminum; and
(2) whether a new initiative would further the development of such processing and manufacturing capabilities for aluminum.
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committees on Armed Services of the Senate and the House of Representatives; and
(B) the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) NATIONAL DEFENSE.—The term “national defense” shall have the same meaning as such term under section 702 of the Defense Production Act of 1950 (50 U.S. C. 4552).
(a) Briefing required.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Administrator of the National Aeronautics and Space Administration, shall provide to the appropriate congressional committees a briefing on the supply chain for small unmanned aircraft system components, including a discussion of current and projected future demand for small unmanned aircraft system components.
(b) Elements.—The briefing under subsection (a) shall include the following:
(1) The sustainability and availability of secure sources of critical components domestically and from sources in allied and partner nations.
(2) The cost, availability, and quality of secure sources of critical components and other relevant information domestically and from sources in allied and partner nations.
(3) The plan of the Department of Defense to address any gaps or deficiencies presented in paragraphs (1) and (2), including through the use of funds available under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and partnerships with the National Aeronautics and Space Administration and other public and private stakeholders.
(4) Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate.
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the congressional defense committees;
(B) the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and Transportation of the Senate.
(2) SMALL UNMANNED AIRCRAFT; UNMANNED AIRCRAFT SYSTEM.—The terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given, respectively, in section 44801 of title 49, United States Code.
(a) Prohibition on procurement.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, the head of an executive agency may not procure any commercial off-the-shelf drone or covered unmanned aircraft, or any component thereof for use in such a drone or unmanned aircraft, that is manufactured or assembled by a covered foreign entity, including any flight controllers, radios, core processors, printed circuit boards, cameras, or gimbals.
(2) EXEMPTION.—The Secretary of Homeland Security and the Secretary of Defense are exempt from the requirements of paragraph (1) if the operation or procurement—
(A) is for the purposes of training, testing, or analysis for—
(i) counter-UAS system surrogate intelligence;
(ii) electronic warfare; or
(iii) information warfare operations; and
(B) is required in the national interest of the United States.
(3) PROCUREMENT OF PRINTED CIRCUIT BOARDS.—
(A) IN GENERAL.—Beginning in fiscal year 2023, the head of an executive agency shall require that any contractor or subcontractor that provides printed circuit boards for use in covered unmanned aircraft or commercial off-the-shelf drones to certify that, of the total value of the printed circuit boards provided by such contractor or subcontractor pursuant to a contract with an executive agency, not more than the percentages set forth in subparagraph (B) were manufactured and assembled by a covered foreign entity.
(B) PERCENTAGES.—In making a certification under subsection (a), a contractor or subcontractor shall use the following percentages:
(i) During fiscal years 2023 through 2027, the lesser of—
(I) 50 percent; or
(II) 25 percent, if the relevant head of an executive agency has determined that suppliers other than covered foreign entities are capable of supplying 75 percent of the requirements of the executive agency for printed circuit boards.
(ii) During fiscal years 2028 through 2032, the lesser of—
(I) 25 percent; or
(II) 0 percent, if the relevant head of an executive agency has determined that suppliers other than covered foreign entities are capable of supplying 100 percent the requirements of the executive agency for printed circuit boards.
(i) IN GENERAL.—If a contractor or subcontractor is unable to make the certification required under subparagraph (A), the head of an executive agency may accept printed circuit boards from such contractor or subcontractor for up to 1 year while requiring the contractor to complete a remediation plan. Such plan shall be submitted to Congress and shall require the contractor or subcontractor that failed to make the certification required under subparagraph (A) to—
(I) audit its supply chain to identify any areas of security vulnerability; and
(II) meet the requirements of subparagraph (A) within 1 year after the initial missed certification deadline.
(ii) RESTRICTION.—No contractor or subcontractor that has supplied printed circuit boards while under a remediation plan shall be eligible to enter into another remediation plan under subparagraph (C) for a period of 5 years.
(iii) WAIVER.—The head of an executive agency may waive the requirement under subparagraph (A) with respect to a contractor or subcontractor if the head of an executive agency determines that—
(I) there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by accepting printed circuit boards under such waiver; and
(II) the contractor is otherwise in compliance with all cybersecurity requirements applicable to such contractor under Federal laws or regulations.
(iv) AVAILABILITY EXCEPTION.—Subparagraph (A) shall not apply to the extent that the head of an executive agency determines that printed circuit boards of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from entities that are not covered foreign entities.
(4) WAIVER.—The head of an executive agency may waive the prohibition under paragraph (1), except with respect to a contract to procure printed circuit boards for use in covered unmanned aircraft or commercial off-the-shelf drones, on a case-by-case basis with the approval of the Secretary of Homeland Security or the Secretary of Defense and notification to Congress.
(5) COMPONENT PROHIBITION APPLICABILITY.—Except as otherwise provided in this subsection, the prohibition under paragraph (1) regarding components of commercial off-the-shelf drones or covered unmanned aircraft shall apply only to contracts for the procurement of such components that are entered into on or after the date that is 2 years after the date of the enactment of this Act.
(b) Prohibition on operation.—
(A) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act, the head of an executive agency may not operate a commercial off-the-shelf drone or covered unmanned aircraft manufactured or assembled by a covered foreign entity.
(B) PHASE-IN PERIOD FOR EXISTING CONTRACTS.—The prohibition under subparagraph (A) shall not apply, during the 1-year period beginning on the date of the enactment of this Act, to commercial off-the-shelf drones and covered unmanned aircraft procured through a contract entered into before the date of the enactment of this Act.
(2) EXEMPTION.—The Secretary of Homeland Security and the Secretary of Defense are exempt from the restriction under paragraph (1) if the operation—
(A) is for the purposes of training, testing, or analysis for—
(i) counter-UAS system surrogate intelligence;
(ii) electronic warfare; or
(iii) information warfare operations; and
(B) is required in the national interest of the United States.
(3) WAIVER.—The head of an executive agency may waive the prohibition under paragraph (1) on a case-by-case basis with the approval of the Secretary of Homeland Security or the Secretary of Defense and notification to Congress.
(4) REGULATIONS.—Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Secretary of Homeland Security, Secretary of Transportation, the Attorney General, and such other Federal departments and agencies as determined by the Director of the Office of Management and Budget, and in consultation with the Under Secretary of Commerce for Standards and Technology, shall establish a Governmentwide policy for the operation of UASs for non-Department of Defense and non-intelligence community operations.
(c) Prohibition on use of Federal funds.—The requirements described in subsection (a) shall apply with respect to the use of Federal funds awarded through a contract, grant, or cooperative agreement, or made available to a State or local government, or any subdivision thereof.
(d) Comptroller General report.—Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the quantity of commercial off-the-shelf drones and covered unmanned aircraft procured by Federal departments and agencies from covered foreign entities.
(e) Interaction with other law.—Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2302 note) does not apply with respect to a commercial off-the-shelf drone or covered unmanned aircraft, or any component thereof intended for use in such a drone or unmanned aircraft, to which the provisions of this Act apply.
(f) Definitions.—In this section:
(1) COMMERCIAL OFF-THE-SHELF DRONE.—The term “commercial off-the-shelf drone” means a covered unmanned aircraft that is a commercially available off-the-shelf item (as defined in section 104 of title 41, United States Code).
(2) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means—
(A) a covered entity (as determined by the Secretary of Commerce);
(B) any entity that is subject to extrajudicial direction from a foreign government, as determined by the Director of National Intelligence;
(C) any entity the Secretary of Homeland Security, in coordination with the Director of National Intelligence, the Secretary of Defense, and the Secretary of State, determines poses a national security risk;
(D) any entity subject to influence or control by the Government of the People Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security; and
(E) any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).
(3) COVERED UNMANNED AIRCRAFT.—The term “covered unmanned aircraft” means an unmanned aircraft or unmanned aircraft system as such terms are defined, respectively, in section 44801 of title 49, United States Code.
(4) EXECUTIVE AGENCY.—The term “executive agency” has the meaning given such term in section 105 of title 5, United States Code.
(5) INTELLIGENCE COMMUNITY.—The term “intelligence community” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(6) UAS.—The term “UAS” has the meaning given the term “unmanned aircraft system” in section 44801 of title 49, United States Code.
It is the sense of Congress that in preparing the annual report required by section 2504 of title 10, United States Code, the Secretary of Defense shall include the following:
(1) An assessment of gaps or vulnerabilities in the national technology and industrial base (as defined in section 2500 of title 10, United States Code) with respect to intellectual property theft as related to the development and long-term sustainability of defense technologies.
(2) The extent to which, if any, foreign adversaries engage in operations to exploit such gaps or vulnerabilities.
(3) Recommendations to mitigate or address any such gaps or vulnerabilities identified by the Secretary.
(4) Any other matters the Secretary of Defense determines should be included.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that—
(1) assesses the ability of the Department of Defense to facilitate partnerships with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that receive grants for the purpose of enhancing the security and stability of supply chain for domestic rare earth materials for the National Defense Stockpile; and
(2) identifies barriers to such partnerships; and
(3) provides recommendations as to how the Secretary of Defense may improve these partnerships.
(a) Transfer date.—For purposes of this section, the term “transfer date” means the date that is 2 years after the date of enactment of this section, except that such date may be extended an unlimited number of times by a period of not more than 6 months if the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue a notice to Congress and the Law Revision Counsel of the House of Representatives containing—
(1) a certification that such extension is necessary;
(2) the rationale for and the length of such extension; and
(3) a plan to comply with the requirements of this section within the timeframe of the extension.
(b) Amendment to and transfer of veteran-Owned and service-Disabled veteran-Owned business database.—
(1) AMENDMENT OF VETERAN-OWNED AND SERVICE-DISABLED VETERAN-OWNED BUSINESS DATABASE.—Effective on the transfer date, section 8127 of title 38, United States Code, is amended—
(i) by striking “the Secretary” and inserting “the Administrator”; and
(ii) by striking “subsection (f)” and inserting “section 36 of the Small Business Act”;
(i) by striking “the Secretary” each place such term appears, other than in the last place such term appears under paragraph (2)(A), and inserting “the Administrator”;
(ii) in paragraph (1), by striking “small business concerns owned and controlled by veterans with service-connected disabilities” each place such term appears and inserting “small business concerns owned and controlled by service-disabled veterans”;
(I) in subparagraph (A), by striking “to access” and inserting “to obtain from the Secretary of Veterans Affairs”; and
(II) by striking subparagraph (B) and inserting the following:
“(B) For purposes of this subsection—
“(i) the Secretary of Veterans Affairs shall—
“(I) verify an individual’s status as a veteran or a service-disabled veteran; and
“(II) establish a system to permit the Administrator to access, but not alter, such verification; and
“(ii) the Administrator shall verify—
“(I) the status of a business concern as a small business concern; and
“(II) the ownership and control of such business concern.
“(C) The Administrator may not certify a concern under subsection (b) or section 36A if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I).”;
(iv) by striking paragraphs (4) and (7);
(v) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and redesignating paragraph (8) as paragraph (6);
(vi) in paragraph (4), as so redesignated, by striking “The Secretary” and inserting “The Administrator”; and
(vii) in paragraph (6), as so redesignated—
(aa) by striking “verify the status of the concern as a small business concern or the ownership or control of the concern” and inserting “certify the status of the concern as a small business concern owned and controlled by veterans (under section 36A) or a small business concern owned and controlled by service-disabled veterans (under section 36(g))”; and
(bb) by striking “verification” and inserting “certification”;
(aa) in clause (i), by striking “small business concern owned and controlled by veterans with service-connected disabilities” and inserting “small business concern owned and controlled by service-disabled veterans”; and
(bb) in clause (ii)—
(AA) by amending subclause (I) to read as follows:
“(I) the Secretary of Veterans Affairs or the Administrator; or”; and
(BB) in subclause (II), by striking “the contracting officer of the Department” and inserting “the applicable contracting officer”; and
(III) by striking subparagraph (C);
(C) by redesignating subsection (k) (relating to definitions) as subsection (l);
(D) by inserting after subsection (j) (relating to annual reports) the following:
“(k) Annual transfer for certification costs.—For each fiscal year, the Secretary of Veterans Affairs shall reimburse the Administrator in an amount necessary to cover any cost incurred by the Administrator for certifying small business concerns owned and controlled by veterans that do not qualify as small business concerns owned and controlled by service-disabled veterans for the Secretary for purposes of this section and section 8128 of this title. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.”; and
(E) subsection (l) (relating to definitions), as so redesignated, by adding at the end the following:
“(4) The term Administrator means the Administrator of the Small Business Administration.”.
(2) TRANSFER OF REQUIREMENTS RELATING TO DATABASE TO THE SMALL BUSINESS ACT.—Effective on the transfer date, subsection (f) of section 8127 of title 38, United States Code (as amended by paragraph (1)), is transferred to section 36 of the Small Business Act (15 U.S.C. 657f), inserted so as to appear after subsection (e).
(3) CONFORMING AMENDMENTS.—The following amendments shall take effect on the transfer date:
(A) SMALL BUSINESS ACT.—Section 3(q)(2)(C)(i)(III) of the Small Business Act (15 U.S.C. 632(q)(2)(C)(i)(III)) is amended by striking “section 8127(f) of title 38, United States Code” and inserting “section 36”.
(B) TITLE 38.—Section 8128 of title 38, United States Code, is amended by striking “section 8127(f) of this title” and inserting “section 36 of the Small Business Act”.
(c) Additional requirements for database.—
(1) ADMINISTRATION ACCESS TO DATABASE BEFORE THE TRANSFER DATE.—During the period between the date of the enactment of this section and the transfer date, the Secretary of Veterans Affairs shall provide the Administrator of the Small Business Administration with access to the contents of the database described under section 8127(f) of title 38, United States Code.
(2) RULE OF CONSTRUCTION.—Nothing in this section or the amendments made by this section may be construed—
(A) as prohibiting the Administrator of the Small Business Administration from combining the contents of the database described under section 8127(f) of title 38, United States Code, with other databases maintained by the Administration; or
(B) as requiring the Administrator to use any system or technology related to the database described under section 8127(f) of title 38, United States Code, on or after the transfer date to comply with the requirement to maintain a database under subsection (f) of section 36 of the Small Business Act (as transferred pursuant to subsection (b)(2) of this section).
(3) RECOGNITION OF THE ISSUANCE OF JOINT REGULATIONS.—The date specified under section 1832(e) of the National Defense Authorization Act for Fiscal Year 2017 (15 U.S.C. 632 note) shall be deemed to be October 1, 2018.
(d) Procurement program for small business concerns owned and controlled by service-Disabled veterans.—
(1) PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—Section 36 of the Small Business Act (15 U.S.C. 657f) is amended—
(A) by striking subsections (d) and (e);
(B) by redesignating subsections (a), (b), and (c) as subsections (c), (d), and (e) respectively;
(C) by inserting before subsection (c), as so redesignated, the following:
“(a) Contracting officer defined.—For purposes of this section, the term ‘contracting officer’ has the meaning given such term in section 2101 of title 41, United States Code.
“(b) Certification of small business concerns owned and controlled by service-Disabled veterans.—With respect to a procurement program or preference established under this Act that applies to prime contractors, the Administrator shall—
“(1) certify the status of the concern as a ‘small business concern owned and controlled by service-disabled veterans’; and
“(2) require the periodic recertification of such status.”;
(D) in subsection (d), as so redesignated, by striking “and that the award can be made at a fair market price” and inserting “, that the award can be made at a fair market price, and if each concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans”; and
(E) by adding at the end the following:
“(g) Certification requirement.—Notwithstanding subsection (c), a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a contract on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if such a concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans.
“(1) VERIFICATION OF ELIGIBILITY.—In carrying out this section, the Administrator shall establish procedures relating to—
“(A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (b)); and
“(B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (b).
“(A) EXAMINATION OF APPLICANTS.—The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (b), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (b).
“(B) EXAMINATION OF CERTIFIED CONCERNS.—The procedures established under paragraph (1) shall provide for the examination of risk-based samples of small business concerns certified under subsection (b), or of any small business concern that the Administrator believes poses a particular risk or with respect to which the Administrator receives specific and credible information alleging that the small business concern no longer meets eligibility requirements to be certified as a small business concern owned and controlled by service-disabled veterans.
“(3) PENALTIES.—In addition to the penalties described in section 16(d), any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by service-disabled veterans for purposes of subsection (b), shall be subject to—
“(A) section 1001 of title 18, United States Code;
“(B) sections 3729 through 3733 of title 31, United States Code; and
“(C) section 8127(g) of title 38, United States Code.
“(i) Provision of data.—Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out subsection (b) or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under section 36A.”.
(2) PENALTIES FOR MISREPRESENTATION.—Section 16 of the Small Business Act (15 U.S.C. 645) is amended—
(i) by striking “, a” and inserting “, a ‘small business concern owned and controlled by service-disabled veterans’, a ‘small business concern owned and controlled by veterans’, a”; and
(ii) in paragraph (A), by striking “9, 15, or 31” and inserting “8, 9, 15, 31, 36, or 36A”; and
(B) in subsection (e), by striking “, a” and inserting “, a ‘small business concern owned and controlled by service-disabled veterans’, a ‘small business concern owned and controlled by veterans’, a”.
(e) Certification for small business concerns owned and controlled by veterans.—The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 36 the following new section:
“SEC. 36A. Certification of small business concerns owned and controlled by veterans.
“(a) In general.—With respect to the program established under section 8127 of title 38, United States Code, the Administrator shall—
“(1) certify the status of the concern as a ‘small business concern owned and controlled by veterans’; and
“(2) require the periodic recertification of such status.
“(1) VERIFICATION OF ELIGIBILITY.—In carrying out this section, the Administrator shall establish procedures relating to—
“(A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and
“(B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a).
“(2) EXAMINATION OF APPLICANTS.—The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a).
“(3) PENALTIES.—In addition to the penalties described in section 16(d), any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by veterans for purposes of subsection (a), shall be subject to—
“(A) section 1001 of title 18, United States Code;
“(B) sections 3729 through 3733 of title 31, United States Code; and
“(C) section 8127(g) of title 38, United States Code.”.
(f) Status of self-Certified small business concerns owned and controlled by service-Disabled veterans.—
(1) IN GENERAL.—Notwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans shall—
(A) if the concern files a certification application with the Administrator of the Small Business Administration before the end of the 1-year period beginning on the transfer date, maintain such self-certification until the Administrator makes a determination with respect to such certification; and
(B) if the concern does not file such a certification application before the end of the 1-year period beginning on the transfer date, lose, at the end of such 1-year period, any self-certification of the concern as a small business concern owned and controlled by service-disabled veterans.
(2) NON-APPLICABILITY TO DEPARTMENT OF VETERANS AFFAIRS.—Paragraph (1) shall not apply to participation in contracts (including subcontracts) with the Department of Veterans Affairs.
(3) NOTICE.—The Administrator shall notify any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans about the requirements of this section, including the transfer date and any extension of such transfer date made pursuant to subsection (a), and make such notice publicly available, on—
(A) the date of the enactment of this section; and
(B) the date on which an extension described under subsection (a) is approved.
(g) Transfer of the Center for Verification and Evaluation of the Department of Veterans Affairs to the Small Business Administration.—
(1) ABOLISHMENT.—The Center for Verification and Evaluation of the Department of Veterans Affairs defined under section 74.1 of title 38, Code of Federal Regulations, is abolished effective on the transfer date.
(2) TRANSFER OF FUNCTIONS.—All functions that, immediately before the effective date of this subsection, were functions of the Center for Verification and Evaluation shall—
(A) on the date of enactment of this section, be functions of both the Center for Verification and Evaluation and the Small Business Administration, except that the Small Business Administration shall not have any authority to carry out any verification functions of the Center for Verification and Evaluation; and
(B) on the transfer date, be functions of the Small Business Administration.
(3) TRANSFER OF ASSETS.—So much of the personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred under this subsection shall be available to the Small Business Administration at such time or times as the President directs for use in connection with the functions transferred.
(4) REFERENCES.—Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a function of the Center for Verification and Evaluation that is transferred under this section is deemed, after the transfer date, to refer to the Small Business Administration.
(h) Report.—Not later than the end of the 1-year period beginning on the date of the enactment of this section and every 6 months thereafter until the transfer date, the Administrator of the Small Business Administration and Secretary of Veterans Affairs shall jointly issue a report to the Committees on Appropriations, Small Business, and Veterans’ Affairs of the House of Representatives and the Committees on Appropriations, Small Business and Entrepreneurship, and Veterans’ Affairs of the Senate on the planning for the transfer of functions and property required under this section and the amendments made by this section on the transfer date. Such report shall include—
(1) whether and how the verification database and operations of the Center for Verification and Evaluation of the Department of Veterans Affairs will be incorporated into the existing certification database of the Small Business Administration;
(2) projections for the numbers and timing, in terms of fiscal year, of—
(A) already verified concerns that will come up for recertification; and
(B) self-certified concerns that are expected to apply for certification;
(3) an explanation of how outreach to veteran service organizations, the service-disabled veteran-owned and veteran-owned small business community, and other stakeholders will be conducted; and
(4) other pertinent information determined by the Administrator and the Secretary.
(a) In general.—The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 15 the following new section:
“SEC. 15A. Equitable adjustments to construction contracts.
“(a) Request for an equitable adjustment.—A small business concern performing a construction contract that was awarded by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the work within the general scope of the contract without the agreement of the small business concern. Such request shall—
“(1) be timely made pursuant to the terms of the contract; and
“(2) comply with Federal regulations regarding equitable adjustments, including specifying additional costs resulting from such change in the work within the general scope of the contract.
“(b) Amount.—Upon receipt of a request for equitable adjustment under subsection (a), the agency shall provide to the small business concern an interim partial payment in an amount that is at least 50 percent of the costs identified in the request for equitable adjustment under subsection (a)(2).
“(c) Limitation.—Any interim partial payment made under this section shall not be deemed to be an action to definitize the request for an equitable adjustment.
“(d) Flow-Down of interim partial payment amounts.—A small business concern that requests an equitable adjustment under this section shall pay to a first tier subcontractor or supplier the portion of the interim partial payment received that is attributable to the increased costs of performance incurred by the first tier subcontractor or supplier due to the change in the work within the general scope of the contract. A subcontractor or supplier at any tier that receives a portion of an interim partial payment under this section shall pay its subcontractor or supplier the appropriate portion of such payment.”.
(b) Implementation.—The Administrator of the Small Business Administration shall implement the requirements of this section not later than the first day of the first full fiscal year beginning after the date of the enactment of this Act.
(a) In general.—The Small Business Act is amended—
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new section:
“SEC. 49. Exemption of certain contracts from category management requirements.
“(a) In general.—A contract awarded under section 8(a), 8(m), 31, or 32 that is classified as tier 0—
“(1) shall be exempt from the procedural requirements of any Federal rule or guidance on category management or successor strategies for contract consolidation; and
“(2) may not be included when measuring the attainment of any goal or benchmark established under any Federal rule or guidance on category management or successor strategies for contract consolidation, unless the inclusion of such contract aids in the achievement of such a goal or benchmark.
“(b) Definitions.—In this section:
“(1) CATEGORY MANAGEMENT.—The term ‘category management’ has the meaning given such term by the Director of the Office of Management and Budget.
“(2) TIER 0.—The term ‘tier 0’ has the meaning given such term by the Director of the Office of Management and Budget with respect to the Spend Under Management tiered maturity model, or any successor model.”.
(b) Application.—Section 49 of the Small Business Act, as added by subsection (a), shall apply with respect to contracts entered into on or after the date of the enactment of this Act.
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report including a plan to increase the participation of small business concerns in agency-wide or Government-wide contracts (including best in class designations as defined in section 15(h)(4)(B)). Such plan shall include—
(A) strategies to increase the amount and frequency of opportunities for small business concerns to participate in agency-wide or Government-wide contracts;
(B) strategies to ease or eliminate requirements that impede such participation of small business concerns; and
(C) a specific goal for the number of small business concerns participating in agency-wide or Government-wide contracts and a timeline to achieve such goal.
(2) IMPLEMENTATION.—Not later than 60 days after the submission of the report required under paragraph (1), the Director of the Office of Management and Budget shall implement the plan contained in such report.
(d) Rulemaking.—Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to carry out this Act and the amendment made by this Act.
(a) Report.—Not later than 3 months after the date of the enactment of this section, the head of each Federal agency shall submit to Congress a report on the timeliness of payments made to a covered prime contractor. Such report shall include—
(1) the date on which the Federal agency began providing accelerated payments in accordance with section 2307(a)(2) of title 10, United States Code, or paragraphs (10) and (11) of section 3903(a) of title 31, United States Code, as applicable, to a covered prime contractor;
(2) of contracts to which such sections apply, the amount and percentage of covered contracts with accelerated payment terms in accordance with such sections; and
(3) whether and on what date the agency discontinued implementation of the Office of Management and Budget Circular M–11–32 titled “Accelerating Payments to Small Businesses for Goods and Services” (issued September 14, 2011).
(b) Definitions.—In this section:
(1) COVERED PRIME CONTRACTOR.—The term “covered prime contractor” means—
(A) a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)); and
(B) a prime contractor that subcontracts with a small business concern.
(2) COVERED CONTRACT.—The term “covered contract” means a contract entered into by a covered prime contractor—
(A) on or after August 13, 2018, with respect to a contract entered into the head of an agency (as defined in section 2302 of title 10, United States Code); or
(B) on or after December 20, 2019, with respect to a contract entered into with the head of an agency (as defined in section 3901 of title 31, United States Code).
(3) FEDERAL AGENCY.—The term “Federal agency” has the meaning given “agency” in section 551(a) of title 5, United States Code.
(a) In general.—The Administrator of the Small Business Administration shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637) on or before March 13, 2020, may elect to extend such participation by a period of 1 year, regardless of whether such concern previously elected to suspend participation in such program pursuant to guidance of the Administrator.
(b) Emergency rulemaking authority.—Not later than 15 days after the date of enactment of this section, the Administrator shall issue regulations to carry out this section without regard to the notice requirements under section 553(b) of title 5, United States Code.
(a) Past performance ratings of joint ventures for small business concerns.—Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is amended by adding at the end the following:
“(5) PAST PERFORMANCE RATINGS OF JOINT VENTURES FOR SMALL BUSINESS CONCERNS.—With respect to evaluating an offer for a prime contract made by a small business concern that previously participated in a joint venture with another business concern (whether or not such other business concern was itself a small business concern), the Administrator shall establish regulations—
“(A) requiring contracting officers to consider the record of past performance of the joint venture when evaluating the past performance of the small business concern; and
“(B) requiring the small business concern to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture.”.
(b) Past performance ratings of first-Tier small business subcontractors.—Section 8(d)(17) of the Small Business Act (15 U.S.C. 637(d)(17)) is amended to read as follows:
“(17) PAST PERFORMANCE RATINGS FOR CERTAIN SMALL BUSINESS SUBCONTRACTORS.—
“(A) IN GENERAL.—Upon request by a small business concern that performed as a first tier subcontractor on a covered contract (as defined in paragraph 13(A)) that is submitting an offer for a solicitation, the prime contractor for such covered contract shall submit to the contracting agency issuing the solicitation or to such small business concern a record of past performance for such small business concern with respect to such covered contract.
“(B) CONSIDERATION.—A contracting officer shall consider the record of past performance of a small business concern provided under subparagraph (A) when evaluating an offer for a prime contract made by such small business concern.”.
(1) SMALL BUISNESS ADMINISTRATION.—Not later than the end of the 120-day period beginning on the date of enactment of this Act, the Administrator of the Small Business Administration shall issue rules to carry out this section and the amendments made by this section.
(2) FEDERAL ACQUISITION REGULATION.—Not later than the end of the 120-day period beginning on the date that rules are issued under paragraph (1), the Federal Acquisition Regulation shall be revised to reflect such rules.
(a) In general.—Not later than 8 months after the date of the enactment of this section, the Administrator of the Small Business Administration, in coordination with the Administrator of the Office of Federal Procurement Policy and any other head of a Federal agency as determined by the Administrator, shall develop a training curriculum on category management for staff of Federal agencies with procurement or acquisition responsibilities. Such training shall include—
(1) best practices for purchasing goods and services from small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)); and
(2) information on avoiding conflicts with the requirements of the Small Business Act (15 U.S.C. 631 et seq.).
(b) Use of curriculum.—The Administrator of the Small Business Administration—
(1) shall ensure that staff for Federal agencies described in subsection (a) receive the training described in such subsection; and
(2) may request the assistance of the relevant Director of Small and Disadvantaged Business Utilization (as described in section 15(k) of the Small Business Act (15 U.S.C. 644(k))) to carry out the requirements of paragraph (1).
(c) Submission to Congress.—The Administrator of the Small Business Administration shall provide a copy of the training curriculum developed under subsection (a) to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate.
(d) Category management defined.—In this Act, the term “category management” has the meaning given by the Director of the Office of Management and Budget.
(a) Definition of covered territory business.—Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection:
“(ff) Covered territory business.—In this Act, the term ‘covered territory business’ means a small business concern that has its principal office located in one of the following:
“(1) The United States Virgin Islands.
“(2) American Samoa.
“(3) Guam.
“(4) The Northern Mariana Islands.”.
(b) Priority for surplus property transfers.—Section 7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C. 636(j)(13)(F)(iii)) is amended—
(1) in clause (I), by striking “means” and all that follows through the period at the end and inserting the following: means—
“(aa) in the case of a Puerto Rico business, the period beginning on August 13, 2018, and ending on the date on which the Oversight Board established under section 2121 of title 48 terminates; and
“(bb) in the case of a covered territory business, the period beginning on the date of enactment of this item and ending on the date that is 4 years after such date of enactment.”; and
(A) by inserting “or a covered territory business” after “a Puerto Rico business”; and
(B) by striking “the Puerto Rico business” in both places it appears and inserting “such business”.
(c) Contracting incentives for protege firms that are covered territory businesses.—
(1) CONTRACTING INCENTIVES.—Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph:
“(4) COVERED TERRITORY BUSINESSES.—During the period beginning on the date of enactment of this paragraph and ending on the date that is 4 years after such date of enactment, the Administrator shall identify potential incentives to a covered territory mentor that awards a subcontract to its covered territory protege, including—
“(A) positive consideration in any past performance evaluation of the covered territory mentor; and
“(B) the application of costs incurred for providing training to such covered territory protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered territory mentor.”.
(2) MENTOR-PROTEGE RELATIONSHIPS.—Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by striking “relationships are” and all that follows through the period at the end and inserting the following: relationships—
“(i) are between a covered protege and a covered mentor; or
“(ii) are between a covered territory protege and a covered territory mentor.”.
(3) DEFINITIONS.—Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:
“(6) COVERED TERRITORY MENTOR.—The term ‘covered territory mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered territory protege.
“(7) COVERED TERRITORY PROTEGE.—The term ‘covered territory protege’ means a protege of a covered territory mentor that is a covered territory business.”.
The Small Business Act (15 U.S.C. 631 et seq.) is amended—
(A) in paragraph (1), by inserting before “The Administration shall require” the following: “The previous sentence shall not apply to an applicant that has its principal office located in the Commonwealth of the Northern Mariana Islands.”; and
(B) in paragraph (4)(C)(ix), by striking “and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”; and
(2) in section 34(a)(9), by striking “and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following new subsection:
“(h) Boots to Business Program.—
“(1) COVERED INDIVIDUAL DEFINED.—In this subsection, the term ‘covered individual’ means—
“(A) a member of the Armed Forces, including the National Guard or Reserves;
“(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;
“(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and
“(ii) was discharged or released from such service under conditions other than dishonorable; and
“(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).
“(2) ESTABLISHMENT.—Beginning on the first October 1 after the enactment of this subsection and for the subsequent 4 fiscal years, the Administrator shall carry out a program to be known as the ‘Boots to Business Program’ to provide entrepreneurship training to covered individuals.
“(3) GOALS.—The goals of the Boots to Business Program are to—
“(A) provide assistance and in-depth training to covered individuals interested in business ownership; and
“(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.
“(A) IN GENERAL.—The Boots to Business Program may include—
“(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;
“(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;
“(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and
“(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.
“(B) COLLABORATION.—The Administrator may—
“(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and
“(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
“(C) USE OF RESOURCE PARTNERS.—
“(i) IN GENERAL.—The Administrator shall—
“(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and
“(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.
“(ii) GRANT AUTHORITY.—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.
“(D) AVAILABILITY TO DEPARTMENT OF DEFENSE.—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.
“(E) AVAILABILITY TO VETERANS AFFAIRS.—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program which shall, at a minimum—
“(i) describe the Boots to Business Program and the services provided; and
“(ii) include eligibility requirements for participating in the Boots to Business Program.
“(5) REPORT.—Not later than 180 days after the date of the enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—
“(A) information regarding grants awarded under paragraph (4)(C);
“(B) the total cost of the Boots to Business Program;
“(C) the number of program participants using each component of the Boots to Business Program;
“(D) the completion rates for each component of the Boots to Business Program;
“(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;
“(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;
“(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;
“(iv) the number of jobs created with assistance under the Boots to Business Program;
“(v) the number of referrals to other resources and programs of the Administration;
“(vi) the number of program participants receiving financial assistance under loan programs of the Administration;
“(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and
“(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;
“(F) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;
“(G) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;
“(H) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;
“(I) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and
“(J) any additional information the Administrator determines necessary.”.
(a) In general.—Section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) is amended—
(1) in subparagraph (A), by inserting “and subject to the requirements specified under subparagraph (C)” after “paragraph (1)”; and
(A) by inserting “(including the Administration when acting pursuant to subparagraph (A))” after “no Federal department or agency”; and
(B) in clause (ii)(I) by striking “12 months” and inserting “24 months”.
(b) Effective date.—This Act and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
(a) Supervision of military construction projects.—Section 2851 of title 10, United States Code, is amended—
(A) by inserting “or appropriated” after “funds authorized” each place such term appears; and
(B) in subparagraph (E), by inserting “, Facilities Sustainment, Restoration, and Modernization (FSRM) project,” after “military construction project”; and
(A) by inserting “, deadline for bid submissions,” after “solicitation date”;
(B) by inserting “(including the address of such recipient)” after “contract recipient”; and
(C) by adding at the end the following new subparagraphs:
“(H) Any subcontracting plan required under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) for the project submitted by the contract recipient to the Secretary of Defense.
“(I) A detailed written statement describing and justifying any exception applied or waiver granted under—
“(i) chapter 83 of title 41;
“(ii) section 2533a of this title; or
“(iii) section 2533b of this title.”; and
(3) by adding at the end the following new paragraph:
“(4) The information required to be published on the Internet website under subsection (c) shall constitute a record for the purposes of Chapter 21, 29, 31, and 33 of title 44.”.
(b) Requirements relating to the award of covered military construction contracts.—
(1) REQUIREMENTS.—Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2851 the following new section:
Ҥ 2851a. Requirements relating to the award of covered military construction contracts
“(a) Publication of certain information relating to covered military construction contracts.—
“(1) CONTRACTOR REQUIREMENTS.—A contractor that has been awarded a covered military construction contract shall—
“(A) make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation under that covered military construction contract for a subcontract of an estimated value of $250,000 or more; and
“(B) submit written notification of the award of the covered military construction contract, and of any subcontract awarded under the covered military construction contract, to the relevant agency of a covered State that enforces workers’ compensation or minimum wage laws in such covered State.
“(2) NOTICE.—Upon award of a covered military construction contract with an estimated value greater than or equal to $2,000,000, the Secretary concerned shall notify any applicable Member of Congress representing the covered State in which that covered military construction contract is to be performed of such award in a timely manner.
“(3) FEDERAL PROCUREMENT DATA SYSTEM.—The Secretary of Defense shall ensure that there is a clear and unique indication of any covered military construction contract with subcontracting work of an estimated value of $250,000 or more in the Federal Procurement Data System established pursuant to section 1122(a)(4) of title 41 (or any successor system).
“(b) Use of local firms and individuals.—
“(1) IN GENERAL.—To the extent practicable, in awarding a covered military construction contract, the Secretary concerned shall give preference to those firms and individuals residing or doing business primarily in the same State as, or within a 60-mile radius of, the location of the work to be performed pursuant to the contract.
“(2) JUSTIFICATION REQUIRED.—The Secretary concerned shall prepare a written justification, and make such justification available on the Internet site required under section 2851 of this title, for the award of any covered military construction contract to a firm or individual that is not described under paragraph (1).
“(c) Licensing.—A contractor and any subcontractors performing a covered military construction contract shall be licensed to perform the work under such contract in the State in which the work will be performed.
“(d) Monthly report.—Not later than 10 days after the end of each month, the Secretary of Defense shall submit to the congressional defense committees a report identifying for that month the following:
“(1) Each covered military construction contract and each subcontract of a covered military construction contract described in subsection (a)(1)(A) awarded during that month.
“(2) The location of the work to be performed pursuant to each covered military construction contract and subcontract identified pursuant to paragraph (1).
“(3) The prime contractor and any subcontractor performing each covered military construction contract and subcontract identified pursuant to paragraph (1).
“(4) The estimated value of each covered military construction contract and subcontract identified pursuant to paragraph (1).
“(e) Exclusion of classified projects.—This section does not apply to a classified covered military construction project.
“(f) Definitions.—In this section:
“(1) COVERED MILITARY CONSTRUCTION CONTRACT.—The term ‘covered military construction contract’ means a contract for work on a military construction project, military family housing project, or Facilities Sustainment, Restoration, and Modernization (FSRM) project carried out in a covered State.
“(2) COVERED STATE.—The term ‘covered State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands.
“(3) MEMBER OF CONGRESS.—The term ‘Member of Congress’ has the meaning given the term in section 2106 of title 5.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2851 the following new item:
“2851a. Requirements relating to the award of covered military construction contracts.”.
(3) APPLICABILITY.—Section 2851a of title 10, United States Code, as added by paragraph (1), shall apply with respect to a covered military construction contract, as defined in such section, entered into on or after the date of the enactment of this Act.
(c) Small business credit for local businesses.—Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection—
“(y) Small business credit for local businesses.—
“(1) CREDIT FOR MEETING SUBCONTRACTING GOALS.—If a prime contractor awards a subcontract (at any tier) to a small business concern that has its principal office located in the same State as, or within a 60-mile radius of, the location of the work to be performed pursuant to the contract of the prime contractor, the value of the subcontract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A) during such period.
“(2) REPORT.—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 933; 15 U.S.C. 644 note), an analysis of the number and dollar amount of subcontracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”.
Section 887(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 22 U.S.C. 2761 note) is amended—
(1) by striking “the Secretary shall” each place it appears and inserting “the Secretary, in consultation with the Secretary of State, shall”;
(A) by striking “December 31, 2021” and inserting “December 31, 2024”; and
(B) by striking “with a value” and all that follows through the “subsection (a)”; and
(3) in paragraph (2), by striking “December 31, 2021” and inserting “December 31, 2024”.
(a) In general.—Section 830 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2762 note) is amended—
(1) in subsection (a), by inserting “and subject to subsection (e)” after “enactment of this Act”; and
(2) by adding at the end the following new subsection:
“(e) Applicability.—The regulations prescribed pursuant to subsection (a) shall not apply to a foreign military sale for which the foreign country that is the counterparty to such foreign military sale has requested a modification to the defense service or defense article that is the subject of such foreign military sale that would require significant development work.”; and
(3) in subsection (c), by adding at the end the following new sentence: “The Secretary may not delegate the authority to exercise such a waiver below the level of the service acquisition executive (as defined in section 101(a)(10) of title 10, United States Code).”.
(b) Implementation.—The Secretary of Defense shall—
(1) not later than 120 days after the date of the enactment of this Act, issue guidance to carry out the amendments made by this section; and
(2) not later than February 1, 2021, revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out the amendments made by this section.
(a) Establishment.—The Assistant Secretary of Defense for Industrial Base Policy (established under section 902 of this Act) shall establish a program to be known as the “Small Business Industrial Base Resiliency Program” under which the Assistant Secretary shall enter into transactions to purchase or to make a commitment to purchase goods or services from small business concerns as described in subsection (b) to respond to the COVID–19 pandemic.
(b) Uses of transactions.—A transaction entered into pursuant to the authority under this section shall—
(1) support the monitoring and assessment of small business concerns that enter into such a transaction;
(2) address critical issues in the industrial base relating to urgent operational needs in response to the COVID–19 pandemic;
(3) support efforts to create, maintain, protect, expand, or restore the industrial base in response to the COVID–19 pandemic; and
(4) as applicable, address supply chain vulnerabilities related to the COVID–19 pandemic for small business concerns that enter into such a transaction.
(c) Duration.—The term of a transaction entered into pursuant to the authority under this section shall be 2 years.
(d) Liabilities.—With respect to any transaction entered into pursuant to the authority under this section on or after the date of enactment of this Act, if such transaction imposes any contingent liability upon the United States, such liability shall be recorded as an obligation against amounts made available from the Research and Development, Defense-Wide, Pandemic Preparedness and Resilience National Security Fund under section 1003 in an amount equal to the maximum amount of the contingency at the time such transaction is entered into.
(e) Report.—Not later than March 1, 2021, the Assistant Secretary of Defense for Industrial Base Policy shall submit to the appropriate committees a report that includes the following:
(1) A description of any guidance or policy issued to carry out this section.
(2) A description of any relevant assessments prepared to address critical issues in the industrial base relating to urgent operational needs related to the COVID–19 pandemic.
(3) A description of any transaction entered into pursuant to the authority under this section, and the impact such transaction has had on the response of the Department of Defense to the COVID–19 pandemic.
(4) A prioritized list of gaps or vulnerabilities in the transactions of the industrial base in which small business concerns participate that are related the COVID–19 pandemic, including—
(A) a description of mitigation strategies necessary to address such gaps or vulnerabilities;
(B) the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and
(C) a proposed timeline for action to address such gaps or vulnerabilities.
(5) Identification of each transaction designed to sustain specific essential technological and industrial capabilities and processes of the industrial base in which small business concerns participate that are related to the COVID–19 pandemic.
(6) Any other steps necessary to foster and safeguard the industrial base in which small business concerns participate due to the impact of the COVID–19 pandemic.
(f) Funding.—The Assistant Secretary of Defense for Industrial Base Policy shall use amounts authorized to be appropriated for Research and Development, Defense-Wide, Pandemic Preparedness and Resilience National Security Fund under section 1003 to carry out the requirements of this section.
(1) APPROPRIATE COMMITTEES.—The term “covered committees” means—
(A) the Committees on Armed Services of the Senate and the House of Representatives; and
(B) the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.
(2) COVID–19 PANDEMIC.—The term “COVID–19 pandemic” means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).
(3) DEFENSE AGENCY.—The term “Defense Agency” has the meaning given in section 101 of title 10, United States Code.
(4) SECRETARY CONCERNED.—The term “Secretary concerned” has the meaning given in section 101 of title 10, United States Code.
(5) SMALL BUSINESS CONCERN.—The term “small business concern” has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632)).
(a) Limitation on the availability of funds relating to the Defense Civilian Training Corps program.—
(1) INITIAL PLAN AND SCHEDULE.—Beginning on October 1, 2020, if the Secretary of Defense has not submitted the plan and schedule to implement the Defense Civilian Training Corps program required under section 860(b)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more than 25 percent of the funds specified in paragraph (3) may be obligated or expended until the date on which such plan and schedule has been submitted.
(2) EXPANSION PLAN AND SCHEDULE.—Beginning on January 1, 2021, if the Secretary of Defense has not submitted the expansion plan and schedule relating to the Defense Civilian Training Corps program required under section 860(b)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more than 50 percent of the funds specified in paragraph (3) may be obligated or expended until the date on which such expansion plan and schedule has been submitted.
(3) FUNDS SPECIFIED.—The funds specified in this paragraph are the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense for the following:
(A) The immediate office of the Secretary of Defense.
(B) The Office of the Under Secretary of Defense for Personnel and Readiness.
(C) The Office of the Under Secretary of Defense for Research and Engineering.
(D) The Office of the Under Secretary of Defense for Acquisition and Sustainment.
(b) Report and limitation on the availability of funds relating to the extramural acquisition innovation and research activities.—
(1) REPORT.—Not later than October 1, 2020, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report—
(A) on the establishment of the extramural acquisition innovation and research activities required under section 2361a of title 10, United States Code (as added by section 835(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1494)); and
(B) that includes the name of the Director appointed under section 2361a(c) of such title (as added by section 835(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1494)).
(A) IN GENERAL.—Beginning on October 1, 2020, if the Under Secretary of Defense for Acquisition and Sustainment has not submitted the report required under paragraph (1), not more than 25 percent of the funds specified in subparagraph (B) may be obligated or expended until the date on which such report has been submitted.
(B) FUNDS SPECIFIED.—The funds specified in this subparagraph are the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense for the following:
(i) The immediate office of the Secretary of Defense.
(ii) The Office of the Under Secretary of Defense for Research and Engineering.
(iii) The Office of the Under Secretary of Defense for Acquisition and Sustainment.
(c) Report and limitation on the availability of funds relating to the eliminating the gaps and vulnerabilities in the national technology and industrial base.—
(1) REPORT.—Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees the national security strategy for national technology and industrial base required by section 2501(a) of title 10, United States Code.
(A) IN GENERAL.—Beginning on October 1, 2020, if the Secretary of Defense has not submitted the report required under paragraph (1), not more than 25 percent of the funds specified in subparagraph (B) may be obligated or expended until the date on which such report has been submitted.
(B) FUNDS SPECIFIED.—The funds specified in this subparagraph are the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense for the following:
(i) The immediate office of the Secretary of Defense.
(ii) The Office of the Under Secretary of Defense for Acquisition and Sustainment.
(a) Assessment.—The Secretary of the military department concerned shall assess the requirements process of the military department and make recommendations to improve the agility and timeliness of such requirements process for acquisition programs of the military department.
(1) IN GENERAL.—Not later than March 31, 2021, each Secretary of a military department shall submit to the congressional defense committees a report on the assessment conducted pursuant to subsection (a) and specific plans to update the requirements processes of the military department concerned based on such assessment.
(2) ELEMENTS.—Each report shall include an analysis of and recommended improvements for the following elements:
(A) If appropriate, information from the report required in section 800(f) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(B) The alignment of the requirements processes, acquisition system, and budget process of the military department concerned.
(C) The requirements process for each acquisition pathway of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, “Operation of the Adaptive Acquisition Framework”), including the time it takes to complete requirements development and approval process for each pathway.
(D) For each acquisition pathway described in subparagraph (C), the processes for and the extent to which detailed systems engineering and requirements trade-off analyses are done before the development of requirements begins for a specific acquisition program to ensure that risks are understood and accounted for and that both top-level and derived requirements (development as well as reliability and maintainability) are achievable within cost, schedule, and technology constraints.
(E) Organizational roles and responsibilities of individuals with responsibilities relating to the requirements process for the military department concerned, including the role, composition, and metrics used to assess the effectiveness of any requirements oversight council of the military department concerned.
(F) The composition and sufficiency of individuals who develop requirements for the military department concerned, including any acquisition workforce planning and personnel shortfalls and resources needed to address any such shortfalls.
(G) The ability of the requirements process to address the urgent needs of the military department concerned.
(H) The capacity to review changes in requirements for programs of record.
(I) The validation of decisions made from the requirements process and the alignment of each such decision to the national defense strategy required under section 113(g) of title 10, United States Code.
(J) The use of portfolio management in the requirements process to coordinate decisions and avoid any duplication of requirements across acquisition programs.
(K) The implementation of recommendations on the process from the Comptroller General of the United States by each military department.
(L) Identification and comparison of best practices in the private sector and the public sector for the requirements development and approval process.
(M) Other recommendations to improve the process of establishing requirements, including lessons learned from responding to the COVID–19 pandemic.
(N) Any additional matters that the Secretaries determine appropriate.
Not later than February 21, 2021, the Secretary of Defense shall submit to the congressional defense committees a report containing a comprehensive legislative proposal for the transfer and consolidation of statutes within the framework for part V of subtitle A of title 10, United States Code (as enacted by section 801 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232)), along with conforming amendments to law required by such transfer and consolidation. Such report shall include an assessment of the effect of such transfer and consolidation on related Department of Defense activities, guidance, and interagency coordination.
The head of a Federal department or agency (as defined in section 102 of title 40, United States Code) shall initiate a debarment proceeding with respect to a person for whom information regarding four or more willful or repeated violation of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, and issued in the last 4 years, is included in the database established under subsection (a) of such section. The head of the department or agency shall use discretion in determining whether the debarment is temporary or permanent.
(a) In general.—There is hereby reestablished in the legislative branch under section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) the Commission on Wartime Contracting.
(b) Amendment to duties.—Section 841(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 231) is amended to read as follows:
“(1) GENERAL DUTIES.—The Commission shall study the following matters:
“(A) Federal agency contracting funded by overseas contingency operations funds.
“(B) Federal agency contracting for the logistical support of coalition forces operating under the authority of the 2001 or 2002 Authorization for the Use of Military Force.
“(C) Federal agency contracting for the performance of security functions in countries where coalition forces operate under the authority of the 2001 or 2002 Authorization for the Use of Military Force”.
(c) Conforming amendments.—Section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended—
(A) in paragraph (1), by striking “the Committee on Oversight and Government Reform” each place it appears and inserting “the Committee on Oversight and Reform”;
(B) in paragraph (2), by striking “of this Act” and inserting “of the Wartime Contracting Commission Reauthorization Act of 2019”; and
(C) in paragraph (4), by striking “was first established” each place it appears and inserting “was reestablished by the Wartime Contracting Commission Reauthorization Act of 2019”; and
(2) in subsection (d)(1), by striking “On March 1, 2009” and inserting “Not later than 1 year after the date of enactment of the Wartime Contracting Commission Reauthorization Act of 2019”.
The Secretary of Defense shall include on a public website of the Department of Defense a list of any contracts, including any task order contract (as such term is defined in section 2304d of title 10, United States Code) and any modifications to a contract, entered into by the Secretary relating to the construction or maintenance of a barrier along the international border between the United States and Mexico that have an estimated value equal to or greater than $7,000,000.
(a) Report of certain contracts and task orders.—
(1) REQUIREMENT REGARDING CONTRACTS AND TASK ORDERS.—The Inspector General of the Department of Defense shall compile a report of the work performed or to be performed under a covered contract during the period beginning on October 1, 2001, and ending on the last day of the month during which this Act is enacted for work performed or work to be performed in areas of contingency operations.
(2) FORM OF SUBMISSIONS.—The report required by paragraph (1) shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary.
(b) Reports on contracts for work To be performed in areas of contingency operations and other significant military operations.—The Inspector General of the Department of Defense shall submit to each specified congressional committee a report not later than 60 days after the date of the enactment of this Act that contains the following information:
(1) The number of civilians performing work in areas of contingency operations under covered contracts.
(2) The total cost of such covered contracts.
(3) The total number of civilians who have been wounded or killed in performing work under such covered contracts.
(4) A description of the disciplinary actions that have been taken against persons performing work under such covered contracts by the contractor, the United States Government, or the government of any country in which the area of contingency operations is located.
(c) Definitions.—In this section:
(1) COVERED CONTRACT.—The term “covered contract” means a contract for private security entered into by the Secretary of Defense in an amount greater than $5,000,000.
(2) CONTINGENCY OPERATION.—The term “contingency operation” has the meaning provided by section 101(a)(13) of title 10, United States Code.
(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The term “specified congressional committees” means the Committees on Armed Services of the Senate and the House of Representatives.
(a) In general.—The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days.
(b) Notice.—The Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register.
(a) Repeal of position of Chief Management Officer.—
(1) IN GENERAL.—Section 132a of title 10, United States Code is repealed.
(2) CONFORMING AMENDMENTS AND REPEALS.—
(A) Paragraph (2) of section 131(b) of title 10, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 132a.
(C) Section 910 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1516) is repealed.
(3) EFFECTIVE DATE.—The amendments and repeals made by paragraphs (1) and (2) shall take effect 30 days after the date of the enactment of this Act.
(b) Implementation.—On the effective date of the amendments and repeals under subsection (a)—
(1) any duties and responsibilities that remain assigned to the Chief Management Officer of the Department of Defense shall be transferred to a single official selected by the Secretary of Defense, except that such official may not be an individual who served as the Chief Management Officer before such effective date;
(2) the personnel, functions, and assets of the Office of the Chief Management Officer shall be transferred to such other organizations and elements of the Department as the Secretary determines appropriate; and
(3) any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to the Chief Management Officer of the Department of Defense shall be deemed to be a reference to the official selected by the Secretary under paragraph (1)).
(c) Legislative proposal.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes a comprehensive legislative proposal for additional conforming amendments to law required by the amendments and repeals made by this section.
(1) ASSISTANT SECRETARIES OF DEFENSE.—Section 138 of title 10, United States Code, is amended—
(A) in subsection (a)(1), by striking “13” and inserting “14”; and
(B) in subsection (b), by adding at the end the following new paragraph:
“(6) One of the Assistant Secretaries is the Assistant Secretary of Defense for Industrial Base Policy. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Industrial Base Policy shall have the duties described in section 139c of this title.”.
(2) ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY.—Chapter 4 of subtitle A of title 10, United States Code, is amended by inserting after section 139b the following new section:
Ҥ 139c. Assistant Secretary of Defense for Industrial Base Policy
“(a) In general.—The Assistant Secretary of Defense for Industrial Base Policy shall report to the Under Secretary of Defense for Acquisition and Sustainment.
“(b) Responsibilities.—The Assistant Secretary of Defense for Industrial Base Policy shall be the head of the Office of Defense Industrial Base Policy and shall serve as the principal advisor to the Under Secretary of Defense for Acquisition and Sustainment in the performance of the Under Secretary’s duties relating to the following:
“(1) Providing input to strategy reviews on matters related to—
“(A) the defense industrial base; and
“(B) materials critical to national security (as defined in section 187(e)(1) of this title).
“(2) Establishing policies of the Department of Defense for developing and maintaining the defense industrial base of the United States and ensuring a secure supply of materials critical to national security.
“(3) Providing recommendations on budget matters pertaining to the defense industrial base, the supply chain, and the development and retention of skills necessary to support the defense industrial base.
“(4) Providing recommendations and acquisition policy guidance on defense supply chain management and supply chain vulnerability throughout the entire defense supply chain, from suppliers of raw materials to producers of major end items.
“(5) Establishing the national security objectives concerning the national technology and industrial base required under section 2501 of this title.
“(6) Executing the national defense program for analysis of the national technology and industrial base required under section 2503 of this title.
“(7) Performing the national technology and industrial base periodic defense capability assessments required under section 2505 of this title.
“(8) Establishing the technology and industrial base policy guidance required under section 2506 of this title.
“(9) Providing policy and oversight of matters related to materials critical to national security to ensure a secure supply of such materials to the Department of Defense.
“(10) Carrying out the activities of the Department of Defense relating to the Defense Production Act Committee established under section 722 of the Defense Production Act of 1950 (50 U.S.C. App. 2171).
“(11) Consistent with section 2(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2062(b)), executing other applicable authorities provided under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), including authorities under titles I and III of such Act.
“(12) Establishing Department of Defense policies related to international defense technology security and export control issues.
“(13) Establishing policies related to industrial independent research and development programs under section 2372 of this title.
“(14) Coordinating with the Director of Small Business Programs on all matters related to industrial base policy of the Department of Defense.
“(15) Ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements.
“(16) Establishing policies of the Department of Defense for continued reliable resource availability from secure sources for the defense industrial base of the United States.
“(17) Establishing policies related to a procurement technical assistance program funded under this chapter 142 of this title.
“(18) Such other duties as are assigned by the Under Secretary.
“(c) Rules of construction relating to Defense Production Act.—Nothing in this section shall be construed to modify the authorities or responsibilities of any officer or employee of the United States under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including those authorities and responsibilities specified in Department of Defense Directive 4400.01E (or any successor directive). In addition, nothing in subsection (b)(9) shall be construed to limit the authority or modify the policies of the Committee on Foreign Investment in the United States established under section 721(k) of such Act (50 U.S.C. 4565(k)).”.
(3) CLERICAL AMENDMENT.—The table of contents for chapter 4 of subtitle A of title 10, United States Code, is amended by inserting after the item relating to section 139b the following new item:
“139c. Assistant Secretary of Defense for Industrial Base Policy.”.
(b) Continuation of service.—The Deputy Assistant Secretary of Defense for Industrial Policy shall be the individual serving as the Assistant Secretary of Defense for Industrial Base Policy (as established under section 139c(a) of title 10, United States Code, as added by subsection (a)) until the President has appointed an individual to serve as Assistant Secretary of Defense for Industrial Base Policy pursuant to section 138 of title 10, United States Code.
(c) Transfer of Office of Industrial Policy to Office of Defense Industrial Base Policy.—
(1) TRANSFER OF FUNCTIONS.—Not later than 180 days after the date of the enactment of this Act, all functions that, immediately before such date of enactment, were functions of the Office of Industrial Policy of the Department of Defense shall be transferred to the Office of Defense Industrial Base Policy.
(2) TRANSFER OF ASSETS.—So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred under paragraph (1) shall be available to the Office of Defense Industrial Base Policy at such time or times as the President directs for use in connection with the functions transferred.
(3) TERMINATION.—The Office of Industrial Policy of the Department of Defense shall terminate on the earlier of—
(A) the effective date of the transfers under paragraph (1); or
(B) 180 days after the date of the enactment of this Act.
The Assistant Secretary of Defense for International Security Affairs shall assign responsibility for the Arctic region to the Deputy Assistant Secretary of Defense for the Western Hemisphere or any other Deputy Assistant Secretary of Defense the Secretary of Defense considers appropriate.
Section 129a(b) of title 10, United States Code, is amended by adding at the end the following: “The Secretary may not reduce the civilian workforce programmed full-time equivalent levels unless the Secretary conducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs.”.
(1) IN GENERAL.—Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 146. Chief Diversity Officer
“(a) Chief Diversity Officer.— (1) There is a Chief Diversity Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion. A person may not be appointed as Chief Diversity Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
“(b) Powers and duties.—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of Defenserelated to diversity and inclusion;
“(2) exercises authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) exercises authority, direction, and control over the Office of People Analytics, or any successor organization;
“(4) shall establish and maintain a Department of Defense strategic plan that publicly states a diversity definition, vision, and goals for the Department of Defense;
“(5) shall define a set of strategic metrics that are directly linked to key organizational priorities and goals, actionable, and actively used to implement the strategic plan;
“(6) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(7) shall establish and maintain a strategic plan for diverse participation by institutions of higher education (including historically black colleges and universities and minority-serving institutions), federally funded research and development centers, and individuals in defense-related research, development, testing, and evaluation activities;
“(8) shall establish and maintain a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented demographic groups;
“(9) shall conduct regular, rigorous evaluations and assessments of diversity within the Department of Defense; and
“(10) shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
“(c) Precedence in the Department of Defense.— (1) The Chief Diversity Officer shall report directly to the Secretary of Defense in the performance of duties under this section.
“(2) The Chief Diversity Officer takes precedence in the Department of Defense after the Chief Management Officer.”.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“146. Chief Diversity Officer.”.
(B) Section 136(b) of such title is amended by inserting “the Chief Diversity Officer and” after “control of the Secretary of Defense,”.
(1) IN GENERAL.—Chapter 703 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 7025. Chief Diversity Officer
“(a) Chief diversity officer.— (1) There is a Chief Diversity Officer of the Department of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties.—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of the Army related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Department of the Army; and
“(5) shall perform such additional duties and exercise such powers as the Secretary of the Army may prescribe.”.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“7025. Chief Diversity Officer.”.
(B) Section 7014(b) of such title is amended by—
(i) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
(ii) by inserting after paragraph (1), the following new paragraph (2):
“(2) The Chief Diversity Officer.”.
(C) Section 7014(c)(1) of such title is amended by adding at the end the following new subparagraph (H):
“(H) Diversity and inclusion.”.
(1) IN GENERAL.—Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 8029. Chief Diversity Officer
“(a) Chief diversity officer.— (1) There is a Chief Diversity Officer of the Department of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties.—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of the Navy related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Department of the Navy; and
“(5) shall perform such additional duties and exercise such powers as the Secretary of the Navy may prescribe.”.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) The table of sections at the beginning of chapter 803 of title 10, United States Code, is amended by adding at the end the following new item:
“8029. Chief Diversity Officer.”.
(B) Section 8014(b) of such title is amended by—
(i) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
(ii) by inserting after paragraph (1), the following new paragraph (2):
“(2) The Chief Diversity Officer.”.
(C) Section 8014(c)(1) of such title is amended by adding at the end the following new subparagraph (H):
“(H) Diversity and inclusion.”.
(d) Department of the Air Force.—
(1) IN GENERAL.—Chapter 903 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 9025. Chief Diversity Officer
“(a) Chief diversity officer.— (1) There is a Chief Diversity Officer of the Department of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties.—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of the Air Force related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Department of the Air Force; and
“(5) shall perform such additional duties and exercise such powers as the Secretary of the Air Force may prescribe.”.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“9025. Chief Diversity Officer.”.
(B) Section 9014(b) of such title is amended by—
(i) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
(ii) by inserting after paragraph (1), the following new paragraph (2):
“(2) The Chief Diversity Officer.”.
(C) Section 9014(c)(1) of such title is amended by adding at the end the following new subparagraph (H):
“(H) Diversity and inclusion.”.
(1) IN GENERAL.—Chapter 3 of title 14, United States Code, is amended by adding at the end the following new section:
Ҥ 321. Chief Diversity Officer
“(a) Establishment.— (1) There is a Chief Diversity Officer of the Coast Guard, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties.—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Coast Guard related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Coast Guard with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Coast Guard; and
“(5) shall perform such additional duties and exercise such powers as the Commandant may prescribe.
“(c) Precedence.—The Chief Diversity Officer shall report directly to the Commandant in the performance of duties under this section.”.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“321. Chief Diversity Officer.”.
(f) Effective date.—The amendments made by this section shall take effect on February 1, 2021.
(1) IN GENERAL.—Chapter 703 of title 10, United States Code, as amended by section 912(b) of this Act, is further amended by adding at the end the following new section:
Ҥ 7026. Deputy Assistant Secretary of the Army for Sustainment
“(a) Appointment.—There is a Deputy Assistant Secretary of the Army for Sustainment, who shall be appointed by the Secretary of the Army.
“(b) Responsibilities.—The Deputy Assistant Secretary of the Army for Sustainment shall have the following responsibilities with respect to major weapon systems acquired for the Department of the Army:
“(1) Reviewing and providing oversight of the sustainment baseline cost estimates required by section 2366d of this title.
“(2) Participating in any review of a life-cycle sustainment plan conducted pursuant to section 2366d of this title.
“(3) Ensuring that cost modeling, performance metrics, and data analytics are used—
“(A) to inform and update life-cycle sustainment plans;
“(B) to develop, with respect to the major weapon system to which such plan relates, the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and
“(C) to inform the Secretary of the Army when assumptions made in the development of a sustainment baseline cost estimate are no longer valid or when new opportunities arise to reduce costs or improve efficiency.
“(4) Making recommendations to the senior acquisition executive of the Army regarding the most cost-effective sustainment strategy to incorporate into each life-cycle sustainment plan.
“(5) Balancing the range of sustainment activities for each major weapon system to achieve the optimal balance of affordability, viable military depots and shipyards, and contracted product support arrangements.
“(6) Advise the Secretary of the Army regarding the overall alignment of the sustainment activities, the operations of the sustainment supply chain, and strategic readiness.
“(c) Definitions.—The terms ‘life-cycle sustainment plan’, ‘major weapon system’ , and ‘sustainment baseline cost estimate’ have the meanings given in section 2366d of this title.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 703 of title 10, United States Code, is amended by adding at the end the following new item:
“7026. Deputy Assistant Secretary of the Army for Sustainment.”.
(1) IN GENERAL.—Chapter 803 of title 10, United States Code, as amended by section 912(c) of this Act, is further amended by adding at the end the following new section:
Ҥ 8029a. Deputy Assistant Secretary of the Navy for Sustainment
“(a) Appointment.—There is a Deputy Assistant Secretary of the Navy for Sustainment, who shall be appointed by the Secretary of the Navy.
“(b) Responsibilities.—The Deputy Assistant Secretary of the Navy for Sustainment shall have the following responsibilities with respect to major weapon systems acquired for the Department of the Navy:
“(1) Reviewing and providing oversight of the sustainment baseline cost estimates required by section 2366d of this title.
“(2) Participating in any review of a life-cycle sustainment plan conducted pursuant to section 2366d of this title.
“(3) Ensuring that cost modeling, performance metrics, and data analytics are used—
“(A) to inform and update life-cycle sustainment plans;
“(B) to develop, with respect to the major weapon system to which such plan relates, the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and
“(C) to inform the Secretary of the Navy when assumptions made in the development of a sustainment baseline cost estimate are no longer valid or when new opportunities arise to reduce costs or improve efficiency.
“(4) Making recommendations to the senior acquisition executive of the Navy regarding the most cost-effective sustainment strategy to incorporate into each life-cycle sustainment plan.
“(5) Balancing the range of sustainment activities for each major weapon system to achieve the optimal balance of affordability, viable military depots and shipyards, and contracted product support arrangements.
“(6) Advise the Secretary of the Navy regarding the overall alignment of the sustainment activities, the operations of the sustainment supply chain, and strategic readiness.
“(c) Definitions.—The terms ‘life-cycle sustainment plan’, ‘major weapon system’ , and ‘sustainment baseline cost estimate’ have the meanings given in section 2366d of this title.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 803 of title 10, United States Code, is amended by adding at the end the following new item:
“8029a. Deputy Assistant Secretary of the Navy for Sustainment.”.
(c) Department of the Air Force.—
(1) IN GENERAL.—Chapter 903 of title 10, United States Code, as amended by section 912(d) of this Act, is further amended by adding at the end the following new section:
Ҥ 9026. Deputy Assistant Secretary of the Air Force for Sustainment
“(a) Appointment.—There is a Deputy Assistant Secretary of the Air Force for Sustainment, who shall be appointed by the Secretary of the Air Force.
“(b) Responsibilities.—The Deputy Assistant Secretary of the Air Force for Sustainment shall have the following responsibilities with respect to major weapon systems acquired for the Department of the Air Force:
“(1) Reviewing and providing oversight of the sustainment baseline cost estimates required by section 2366d of this title.
“(2) Participating in any review of a life-cycle sustainment plan conducted pursuant to section 2366d of this title.
“(3) Ensuring that cost modeling, performance metrics, and data analytics are used—
“(A) to inform and update life-cycle sustainment plans;
“(B) to develop, with respect to the major weapon system to which such plan relates, the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and
“(C) to inform the Secretary of the Air Force when assumptions made in the development of a sustainment baseline cost estimate are no longer valid or when new opportunities arise to reduce costs or improve efficiency.
“(4) Making recommendations to the senior acquisition executive of the Air Force regarding the most cost-effective sustainment strategy to incorporate into each life-cycle sustainment plan.
“(5) Balancing the range of sustainment activities for each major weapon system to achieve the optimal balance of affordability, viable military depots and shipyards, and contracted product support arrangements.
“(6) Advise the Secretary of the Air Force regarding the overall alignment of the sustainment activities, the operations of the sustainment supply chain, and strategic readiness.
“(c) Definitions.—The terms ‘life-cycle sustainment plan’, ‘major weapon system’, and ‘sustainment baseline cost estimate’ have the meanings given in section 2366d of this title.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 903 of title 10, United States Code, is amended by adding at the end the following new item:
“9026. Deputy Assistant Secretary of the Air Force for Sustainment.”.
(1) IN GENERAL.—Chapter 141 of title 10, United States Code, is amended by inserting after section 2391 the following new section:
Ҥ 2391a. Office of Defense Community Cooperation and Economic Adjustment
“(a) Establishment.—There is in the Office of the Secretary of Defense an Office of Defense Community Cooperation and Economic Adjustment (in this section referred to as the ‘Office’).
“(b) Head of Office.—There is a Director of the Office who shall be the head of the Office. The Director shall be appointed by the Secretary of Defense.
“(c) Duties.—The Office shall—
“(1) serve as the office in the Department of Defense with primary responsibility for—
“(A) providing assistance to States, counties, municipalities, regions, and other communities to foster cooperation with military installations to enhance the military mission, achieve facility and infrastructure savings and reduced operating costs, address encroachment and compatible land use issues, support military families, and increase military, civilian, and industrial readiness and resiliency; and
“(B) providing adjustment and diversification assistance to State and local governments under section 2391(b) to achieve the objectives described in subparagraph (A);
“(2) coordinate the provision of such assistance with other organizations and elements of the Department;
“(3) provide support to the Economic Adjustment Committee established under Executive Order No. 12788 (57 Fed. Reg. 2213; 10 U.S.C. 2391 note) or any successor to such Committee; and
“(4) carry out such other activities as the Secretary of Defense determines appropriate.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2391 the following new item:
“2391a. Office of Defense Community Cooperation and Economic Adjustment.”.
(b) Transfers.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall transfer the functions, personnel, and assets of the Office of Economic Adjustment of the Department of Defense to the Office of Defense Community Cooperation and Economic Adjustment established under section 2391a of title 10, United States Code (as added by subsection (a)).
(c) Administration of certain programs.—Beginning on the effective date of the transfers under subsection (b), any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of this Act shall be administered by the Office of Defense Community Cooperation and Economic Adjustment established under section 2391a of title 10, United States Code (as added by subsection (a)).
Section 181(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(4) INPUT FROM CHIEF OF NATIONAL GUARD BUREAU.—The Council shall seek, and strongly consider, the views of the Chief of National Guard Bureau regarding non-Federalized National Guard capabilities in support of homeland defense and civil support missions.”.
(a) In general.—Title 10, United States Code, is amended by striking “Joint Forces Staff College” each place it appears and inserting “Joint Forces War College”.
(b) References.—Any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to the Joint Forces Staff College shall be deemed to be a reference to the Joint Forces War College.
Subsection (b) of section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following paragraph:
“(11) For each uniformed service member who concluded an assignment supporting the Center in the previous 6 months, a position description of the billet that the service member transitioned into.”.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on vulnerabilities in connection with the provision of services by offshore technical support call centers to the Department of Defense.
(b) Elements.—The report required by subsection (a) shall include the following:
(1) A description and assessment of the location of all offshore technical support call centers.
(2) A description and assessment of the types of information shared by the Department with foreign nationals at offshore technical support call centers.
(3) An assessment of the extent to which access to such information by foreign nationals creates vulnerabilities to the information technology network of the Department.
(c) Offshore technical support call center defined.—In this section, the term “offshore technical support call center” means a call center that—
(1) is physically located outside the United States;
(2) employs individuals who are foreign nationals; and
(3) may be contacted by personnel of the Department to provide technical support relating to technology used by the Department.
(a) In general.—No consolidation or transition to alternative content delivery methods may occur within the Defense Media Activity until a period of 180 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a report that includes a certification, in detail, that such consolidation or transition to alternative content delivery methods will not—
(1) compromise the safety and security of members of the Armed Forces and their families;
(2) compromise the cybersecurity or security of content delivery to members of the Armed Forces, whether through—
(A) inherent vulnerabilities in the content delivery method concerned;
(B) vulnerabilities in the personal devices used by members; or
(C) vulnerabilities in the receivers or streaming devices necessary to accommodate the alternative content delivery method;
(3) increase monetary costs or personal financial liabilities to members of the Armed Forces or their families, whether through monthly subscription fees or other tolls required to access digital content; and
(4) impede access to content due to bandwidth or other technical limitations where members of the Armed Forces receive content.
(b) Definitions.—In this section:
(1) The term “alternative content delivery” means any method of the Defense Media Activity for the delivery of digital content that is different from a method used by the Activity as of the date of the enactment of this Act.
(2) The term “consolidation”, when used with respect to the Defense Media Activity, means any action to reduce or limit the functions, personnel, facilities, or capabilities of the Activity, including entering into contracts or developing plans for such reduction or limitation.
(a) Assistant Secretaries of Defense.—Paragraph (5) of section 138(b) of title 10, United States Code, is amended to read as follows:
“(5) One of the Assistant Secretaries is the Assistant Secretary of Defense for Space and Strategic Deterrence Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for space, nuclear deterrence, and missile defense.”.
(b) Space Force Acquisition Council.—Section 9021(b)(3) of title 10, United States Code, is amended by striking “Assistant Secretary of Defense for Space Policy” and inserting “Assistant Secretary of Defense for Space and Strategic Deterrence Policy”.
(c) Elements of office.—Section 955(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1565) is amended by striking “Assistant Secretary of Defense for Space Policy” and inserting “Assistant Secretary of Defense for Space and Strategic Deterrence Policy”.
(a) In general.—Chapter 908 of title 10, United States Code, is amended by striking section 9083 and inserting the following new sections:
Ҥ 9083. Office of the Chief of Space Operations: function; composition
“(a) Function.—There is in the executive part of the Department of the Air Force an Office of the Chief of Space Operations to assist the Secretary of the Air Force in carrying out the responsibilities of the Secretary.
“(b) Composition.—The Office of the Chief of Space Operations is composed of the following:
“(1) The Chief of Space Operations.
“(2) Other members of the Space Force and Air Force assigned or detailed to the Office of the Chief of Space Operations.
“(3) Civilian employees in the Department of the Air Force assigned or detailed to the Office of the Chief of Space Operations.
“(c) Organization.—Except as otherwise specifically prescribed by law, the Office of the Chief of Space Operations shall be organized in such manner, and the members of the Office of the Chief of Space Operations shall perform such duties and have such titles, as the Secretary of the Air Force may prescribe.
Ҥ 9084. Office of the Chief of Space Operations: general duties
“(a) Professional assistance.—The Office of the Chief of Space Operations shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Air Force and to the Chief of Space Operations.
“(b) Authorities.—Under the authority, direction, and control of the Secretary of the Air Force, the Office of the Chief of Space Operations shall—
“(1) subject to subsections (c) and (d) of section 9014 of this title, prepare for such employment of the Space Force, and for such recruiting, organizing, supplying, equipping (including research and development), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Space Force, as will assist in the execution of any power, duty, or function of the Secretary of the Air Force or the Chief of Space Operations;
“(2) investigate and report upon the efficiency of the Space Force and its preparation to support military operations by commanders of the combatant commands;
“(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions;
“(4) as directed by the Secretary of the Air Force or the Chief of Space Operations, coordinate the action of organizations of the Space Force; and
“(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary of the Air Force.”.
(b) Table of sections amendment.—The table of sections at the beginning of chapter 908 of such title is amended by striking the item related to section 9083 and adding at the end the following new items:
“9083. Office of the Chief of Space Operations: function; composition
“9084. Office of the Chief of Space Operations: general duties”.
(c) Effective date.—The amendments made by this section shall take effect on the date on which the Secretary of the Air Force and the Chief of Space Operations jointly submit to the congressional defense committees a report detailing the functions that the headquarters staff of the Department of the Air Force will continue to perform in support of the Space Force.
(d) No authorization of additional military billets.—The Secretary shall establish the Office of the Chief of Space Operations under section 9083 of title 10, United States Code, as added by subsection (a), using military personnel otherwise authorized. Nothing in this section or the amendments made by this section shall be construed to authorize additional military billets for the purposes of, or in connection with, the establishment of the Office of the Chief of Space Operations.
(a) Space Force medal.—Chapter 937 of title 10, United States Code, is amended by inserting after section 9280 the following new section:
Ҥ 9280a. Space Force Medal: award; limitations
“(a) The President may award a decoration called the ‘Space Force Medal’, of appropriate design with accompanying ribbon, to any person who, while serving in any capacity with the Space Force, distinguishes himself or herself by heroism not involving actual conflict with an enemy.
“(b) Not more than one Space Force Medal may be awarded to a person. However, for each succeeding act that would otherwise justify award of such a medal, the President may award a suitable bar or other device to be worn as the President directs.”.
(b) Table of sections amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9280 the following new item:
“9280a. Space Force Medal: award; limitations.”.
(a) In general.—Chapter 963 of title 10, United States Code, is amended by inserting before section 9532 the following new section:
Ҥ 9531. Procurement of commercial satellite communications services
“The Chief of Space Operations shall be responsible for the procurement of commercial satellite communications services for the Department of Defense.”.
(b) Table of sections amendment.—The table of sections at the beginning of chapter 963 of such title is amended by inserting before the item relating to section 9532 the following new item:
“9531. Procurement of commercial satellite communications services.”.
Section 517 of title 10, United States Code, shall not apply to the Space Force until October 1, 2023.
(a) In general.—The Secretary of the Air Force may provide an officer or enlisted member who transfers from the Army, Navy, Air Force, or Marine Corps to the Space Force an allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment.
(b) Relationship to other allowances.—The allowance under this section is in addition to any allowance available under any other provision of law.
(c) Source of funds.—Funds for allowances provided under subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for military personnel for such fiscal year.
(d) Applicability.—The authority for an allowance under this section shall apply with respect to any member of the Army, Navy, Air Force, or Marine Corps who transfers to the Space Force on or after December 20, 2019, and on or before September 30, 2023.
The Space Force shall use a system of ranks and grades that is identical to the system of ranks and grades used by the Navy.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the future role of the Naval Postgraduate School in space education.
(b) Elements.—The report under subsection (a) shall include the following:
(1) An overview of the Naval Postgraduate School’s existing space-focused education and research capabilities, programs, products, and outputs.
(2) An identification and evaluation of additional space-focused educational requirements that may be fulfilled by the Naval Postgraduate school, including any requirements resulting from the establishment of the Space Force or otherwise necessitated by the evolving space-related needs of the Department of Defense.
(3) A plan for meeting the requirements identified under paragraph (2), including a description of the types and amounts of additional resources that may be needed for the Naval Postgraduate School to meet such requirements over the period of 5 fiscal years following the date of the report.
(a) Authority To transfer authorizations.—
(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2021 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,000,000,000.
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—
(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been denied authorization by Congress.
(c) Effect on authorization amounts.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d) Notice to congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a).
(e) Certification requirement.—The authority to transfer any authorization under this section may not be used until the Secretary of Defense and the head of each entity affected by such transfer submits to the congressional defense committees certification in writing that—
(1) the amount transferred will be used for higher priority items, based on unforeseen military requirements, than the items from which authority is transferred; and
(2) the amount transferred will not be used for any item for which funds have been denied authorization by Congress.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
(a) Fund purposes.—Amounts authorized to be appropriated for Research and Development, Defense-Wide, Pandemic Preparedness and Resilience National Security Fund shall be available for obligation and expenditure only for the purposes of pandemic preparedness. Such amounts may not be used for a purpose or program unless the purpose or program is authorized by law.
(1) IN GENERAL.—Amounts referred to in subsection (a) may be transferred as follows:
(A) To Procurement, Defense-wide and Research, Development, Test, and Evaluation, Defense-wide, not more than an aggregate of $200,000,000 to carry out the Small Business Industrial Base Resilience Program established by section 844 of this Act.
(B) To Research, Development, Test, and Evaluation, Defense-wide, line 9, Biomedical Technology, not more than $50,000,000 for research that aims to rapidly produce medical countermeasures against novel threats, at population scale and approved for use in people.
(C) To the following, not more than an aggregate of $750,000,000 to support research and development efforts directly related to biopreparedness and pandemic preparedness and resilience:
(i) Research, Development, Test, and Evaluation, Army.
(ii) Research, Development, Test, and Evaluation, Navy.
(iii) Research, Development, Test, and Evaluation, Air Force.
(iv) Research, Development, Test, and Evaluation, Defense-wide.
(v) Defense Health Program.
(D) To Research, development, test, and evaluation, Defense-wide, Line 16, Chemical and Biological Defense Program, not more than $27,000,000 for research and development to detect and model treatments for nuclear, chemical, and biological exposure.
(E) To research, development, test, and evaluation, Defense-wide, line 44, Chemical and Biological Defense Program – Advanced Development, not more than $30,000,000 for the development of decontamination technologies for civilian pandemic preparedness.
(F) To research, development, test, and evaluation, Defense-wide, line 49, Manufacturing Science and Technology Program, not more than $35,000,000 for support for the development of advanced manufacturing techniques and technologies that enable the United States defense industrial base to rapidly produce needed materials for novel biological threats.
(2) LIMITATION.—Amounts referred to in subsection (a) may not be transferred for—
(A) Drug Interdiction and Counter-Drug Activities; or
(B) military construction (as defined in section 2801(a) of title 10, United States Code), including the purposes described in section 2802(b) of such title, or military family housing, including the purposes described in section 2821(a) of such title.
(3) NOTICE REQUIREMENT.—Not later than 30 days before transferring any amount described in subsection (a), the Secretary of Defense shall submit to the congressional defense committees notice of the transfer.
(4) EXCEPTION FROM GENERAL TRANSFER AUTHORITY.—A transfer under this subsection shall not be counted toward the dollar amount limitation under section 1001.
Section 226 of title 10, United States Code, is amended—
(A) by inserting “of Defense and the Secretary of each of the military departments” after “Secretary”;
(B) by striking “2021” and inserting “2022”;
(C) by striking “a consolidated budget justification display” and inserting “a budget justification display for each applicable appropriation”;
(D) in the second sentence, by striking “display” and all that follows and inserting “displays shall include each of the following:” and
(E) by adding at the end the following new paragraphs:
“(1) Details at the appropriation and line item level, including any amount for service-common support, acquisition support, training, operations, pay and allowances, base operations sustainment, and any other common services and support.
“(2) An identification of any change in the level or type of service-common support and enabling capabilities provided by each of the military services or Defense Agencies to special operations forces for the fiscal year covered by the budget justification display when compared to the preceding fiscal year, including the rationale for any such change and any mitigating actions.
“(3) An assessment of the specific effects that the budget justification display for the fiscal year covered by the display and any anticipated future manpower and force structure changes are likely to have on the ability of each of the military services to provide service-common support and enabling capabilities to special operations forces.
“(4) Any other matters the Secretary of Defense or the Secretary of a military department determines are relevant.”;
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new subsection (b):
“(b) Consolidated budget justification display.—The Secretary of Defense shall include, in the budget materials submitted to Congress under section 1105 of title 31, for fiscal year 2022 and any subsequent fiscal year, a consolidated budget justification display containing the same information as is required in the budget justification displays required under subsection (a). Such consolidated budget justification display may be provided as a summary by appropriation for each military department and a summary by appropriation for all Defense Agencies.”.
Section 240g(a) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking “and” at the end;
(2) in paragraph (3), by striking the period and inserting “; and”; and
(3) by adding at the end the following new paragraphs:
Not later than 7 days after the transmission to the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives of any Department of Defense legislative proposal, the Secretary of Defense shall make publicly available on a website of the Department such legislative proposal, including any bill text and section-by-section analyses associated with the proposal.
Section 284(c) of title 10, United States Code, is amended—
(1) by striking paragraph (2), and inserting the following new paragraph (2):
“(2) SECRETARY OF STATE CONCURRENCE.—The Secretary may only provide support for a purpose described in this subsection with the concurrence of the Secretary of State.”; and
(2) by adding at the end the following new paragraph:
Section 284(h) of title 10, United States Code, is amended—
(A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):
“(A) In case of support for a purpose described in subsection (b)—
“(i) an identification of the recipient of the support;
“(ii) a description of the support provided;
“(iii) a description of the sources and amounts of funds used to provide such support; and
“(iv) a description of the amount of funds obligated to provide such support.”; and
(2) by adding at the end the following new paragraph:
“(3) APPROPRIATE COMMITTEES OF CONGRESS.—For purposes of any notice submitted under this subsection with respect to support described in paragraph (1)(A), the appropriate committees of Congress are—
“(A) the Committees on Armed Services of the Senate and House of Representatives; and
“(B) any committee with jurisdiction over the department or agency that receives the support covered by the notice.”.
Section 231(e) of title 10, United States Code, is amended—
(A) by striking “Secretary of the Navy” and inserting “Secretary of Defense”; and
(B) by striking “50 percent” and inserting “25 percent”; and
(A) by striking “Secretary of the Navy” and inserting “Secretary of Defense”; and
(B) by striking “operation and maintenance, Navy” and inserting “operation and maintenance, Defense-wide”.
Section 2218(f)(3) of title 10, United States Code, is amended—
(1) in subparagraph (C), by striking “seven” and inserting “nine”; and
(2) in subparagraph (E), by striking “two” and inserting “four”.
Section 2218a(h)(1) of title 10, United States Code, is amended by striking “and properly phased installment payments” and inserting “, properly phased installment payments, and full funding for the first two Columbia class submarines”.
(a) Preference for United States vessels in transporting supplies by sea.—
(1) IN GENERAL.—Section 2631 of title 10, United States Code, is amended to read as follows:
Ҥ 2631. Preference for United States vessels in transporting supplies by sea
“(a) In general.—Supplies bought for the Army, Navy, Air Force, or Marine Corps, or for a Defense Agency, or otherwise transported by the Department of Defense, may only be transported by sea in—
“(1) a vessel belonging to the United States; or
“(2) a vessel of the United States (as such term is defined in section 116 of title 46).
“(b) Waiver and notification.— (1) The Secretary of Defense may waive the requirement under subsection (a) if such a vessel is—
“(A) not available at a fair and reasonable rate for commercial vessels of the United States; or
“(B) otherwise not available.
“(2) At least once each fiscal year, the Secretary of Defense shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for such waiver.
“(c) Requirements for reflagging or repair work.— (1) In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that—
“(A) any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States); and
“(B) any corrective and preventive maintenance or repair work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the United States (including any territory of the United States) for the duration of the contract, to the greatest extent practicable.
“(2) The Secretary of Defense may waive a requirement under paragraph (1) if the Secretary determines that such waiver is critical to the national security of the United States. The Secretary shall immediately submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this paragraph and the reasons for such waiver.
“(A) The term ‘reflagging or repair work’ means work performed on a vessel—
“(i) to enable the vessel to meet applicable standards to become a vessel of the United States; or
“(ii) to convert the vessel to a more useful military configuration.
“(B) The term ‘corrective and preventive maintenance or repair’ means—
“(i) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and
“(ii) scheduled maintenance or repair actions to prevent or discover functional failures.
“(d) Compliance.—The Secretary of Defense shall ensure that contracting officers of the Department of Defense award contracts under this section to responsible offerors and monitor and ensure compliance with the requirements of this section. The Secretary shall—
“(1) ensure that timely, accurate, and complete information on contractor performance under this section is included in any contractor past performance database used by an executive agency; and
“(2) exercise appropriate contractual rights and remedies against contractors who fail to comply with this section, or subchapter I of chapter 553 of title 46 as determined by the Secretary of Transportation under such subchapter, including by—
“(A) determining that a contractor is ineligible for an award of such a contract; or
“(B) terminating such a contract or suspension or debarment of the contractor for such contract.
“(e) Appropriate congressional committees defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committees on Armed Services of the Senate and the House of Representatives;
“(2) the Committee on Transportation and Infrastructure of the House of Representatives; and
“(3) the Committee on Commerce, Science, and Transportation of the Senate.”.
(2) CLERICAL AMENDMENT.—The table of contents for chapter 157 of title 10, United States Code, is amended by amending the item relating to section 2361 to read as follows:
“2361. Preference for United States vessels in transporting supplies by sea.”.
(b) Amendments to title 46, United States Code.—
(1) TRANSFER OF PROVISION RELATING TO PRIORITY LOADING FOR COAL.—
(A) IN GENERAL.—Section 55301 of title 46, United States Code, is redesignated as section 55123 of such title, transferred to appear after section 55122 of such title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in such title.
(i) The analysis for subchapter I of chapter 553 of title 46, United States Code, is amended by striking the item relating to section 55301.
(ii) The analysis for chapter 551 of title 46, United States Code, is amended by inserting after the item relating to section 55122 the following new item:
“55123. Priority loading for coal.”.
(2) AMENDMENT TO SUBCHAPTER HEADING.—The heading of subchapter I of chapter 553 of title 46, United States Code, is amended to read as follows:
“SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION”.
(a) Exception for damage repair due to hostile actions or interventions.—Section 8680(a) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “, other than in the case of voyage repairs”; and
(2) by adding at the end the following new paragraph:
“(3) Notwithstanding paragraph (1), a naval vessel described in paragraph (1) may be repaired in a shipyard outside the United States or Guam if the repairs are—
“(A) voyage repairs; or
“(B) necessary to correct damage sustained due to hostile actions or interventions.”.
(b) Limited authority To use foreign workers.—Section 8680(a)(2)(B)(i) of title 10, United States Code, is amended—
(1) by inserting “(I)” after “(i)”; and
(2) by adding at the end the following new subclauses:
“(II) Notwithstanding subclause (I), foreign workers may be used to perform corrective and preventive maintenance or repair on a vessel as described in subparagraph (A) only if the Secretary of the Navy determines that travel by United States Government personnel or United States contractor personnel to perform the corrective or preventive maintenance or repair is not advisable for health or safety reasons. The Secretary of the Navy may not delegate the authority to make a determination under this subclause.
“(III) Not later than 30 days after making a determination under subclause (II), the Secretary of the Navy shall submit to the congressional defense committees written notification of the determination. The notification shall include the reasons why travel by United States personnel is not advisable for health or safety reasons, the location where the corrective and preventive maintenance or repair will be performed, and the approximate duration of the corrective and preventive maintenance or repair.”.
(c) Technical correction.—Section 8680(a)(2)(C)(ii) of title 10, United States Code, is amended by striking the period after “means—”.
(a) In general.—Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 8692. Biannual report on shipbuilder training and the defense industrial base
“Not later than February 1 of each even-numbered year until 2026, the Secretary of Defense, in coordination with the Secretary of Labor, shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives a report on shipbuilder training and hiring requirements necessary to achieve the Navy’s 30-year shipbuilding plan and to maintain the shipbuilding readiness of the defense industrial base. Each such report shall include each of the following:
“(1) An analysis and estimate of the time and investment required for new shipbuilders to gain proficiency in particular shipbuilding occupational specialties, including detailed information about the occupational specialty requirements necessary for construction of naval surface ship and submarine classes to be included in the Navy’s 30-year shipbuilding plan.
“(2) An analysis of the age demographics and occupational experience level (measured in years of experience) of the shipbuilding defense industrial workforce.
“(3) An analysis of the potential time and investment challenges associated with developing and retaining shipbuilding skills in organizations that lack intermediate levels of shipbuilding experience.
“(4) Recommendations concerning how to address shipbuilder training during periods of demographic transition and evolving naval fleet architecture consistent with the Navy’s 2020 Integrated Force Structure Assessment.
“(5) An analysis of whether emerging technologies, such as augmented reality, may aid in new shipbuilder training.
“(6) Recommendations concerning how to encourage young adults to enter the defense shipbuilding industry and to develop the skills necessary to support the shipbuilding defense industrial base.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“8692. Biannual report on shipbuilder training and the defense industrial base.”.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy may be obligated or expended to retire or prepare for the retirement, transfer, or placement in storage any ships designated as LCS–3 or LCS–4 until the date on which the Secretary of the Navy submits the certification required under subsection (b).
(b) Certification.—Upon the completion of all operational tests on each of the mission modules designed for the Littoral Combat Ship, the Secretary of the Navy shall submit to the congressional defense committees certification of such completion.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the Commandant’s Planning Guidance. Such report shall include a detailed description of each of the following:
(1) The specific number and type of manned littoral ships required to execute such Guidance.
(2) The role of long-range unmanned surface vessels in the execution of such Guidance.
(3) How platforms referred to in paragraphs (1) and (2) account for and interact with ground-based missiles fielded by teams of Marines deployed throughout the Indo-Pacific region.
(4) The integrated naval command and control architecture required to support the platforms referred to in paragraphs (1) and (2).
(5) The projected cost and any additional resources required to deliver the platforms referred to in paragraph (1) and (2) by not later than 5 years after the date of the enactment of this Act.
(b) Form of report.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex. The unclassified report shall be made publicly available.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy may be obligated or expended to retire, or to prepare for the retirement, transfer, or placement in storage of, any Department of the Navy ship until the date that is 30 days after the date on which Secretary of Defense submits to the congressional defense committees the 2020 Naval Integrated Force Structure Assessment.
No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2021, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
(a) Annual report.—The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees an annual report on—
(1) the use of online social media platforms by entities designated as foreign terrorist organizations by the Department of State for recruitment, fundraising, and the dissemination of information; and
(2) the threat posed to the national security of the United States by the online radicalization of terrorists and violent extremists.
(b) Appropriate congressional committees.—In this section, the appropriate congressional committees are—
(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
Section 127e of title 10, United States Code, is amended—
(1) by striking subsection (c) and inserting the following new subsection (c):
“(1) IN GENERAL.—The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. The Secretary shall notify the congressional defense committees of any material change to such procedures.
“(2) ELEMENTS.—The procedures required under paragraph (1) shall establish, at a minimum, each of the following:
“(A) Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section.
“(B) The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant Federal entities.
“(C) The processes through which legal reviews and determinations are made to comply with this section and ensure that the exercise of authority under this section is consistent with the national security of the United States.
“(3) NOTICE TO CONGRESS.—The Secretary shall provide to the congressional defense committees a notice of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committees of any material change of the procedures.”;
(A) in the subsection heading, by inserting “of initiation of support of an approved military operation” after “Notification”;
(B) in paragraph (1), by striking “15” and inserting “30”; and
(C) in paragraph (2), by adding at the end the following new subparagraphs:
“(G) A description of the entities with which the recipients of support are engaged in hostilities and whether each such entity is covered under an authorization for use of military force.
“(H) A description of the steps taken to ensure the support is consistent with other United States diplomatic and security objectives, including issues related to local political dynamics, civil-military relations, and human rights.
“(I) A description of the steps taken to ensure that the recipients of the support have not engaged in human rights violations or violations of the Geneva Conventions of 1949, including vetting, training, and support for adequately investigating allegations of violations and removing support in case of credible reports of violations.”;
(3) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively;
(4) by inserting after subsection (d) the following new subsection (e):
“(e) Notification of modification or termination of support of an approved military operation.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall provide to the congressional defense committees notice in writing by not later that—
“(A) 15 days before exercising the authority under this section to modify the support of an approved military operation;
“(B) 30 days before exercising the authority under this section to terminate the support of an approved military operation; or
“(C) as applicable, 30 days before exercising any other authority under which the Secretary engages or plans to engage with foreign forces, irregular forces, groups, or individuals.
“(2) EXTRAORDINARY CIRCUMSTANCES.—If the Secretary finds the existence of extraordinary circumstances affecting the national security of the United States, the Secretary shall provide the notice required under paragraph (1) not later than 48 hours before exercising authority referred to in subparagraph (A) or (B) of such paragraph.
“(3) ELEMENTS.—Notice provided under paragraph (1) with respect to the modification or termination of support shall includes each of the following elements:
“(A) A description of the reasons for the modification or termination.
“(B) A description of the potential effects of the modification or termination of support on the forces providing the support.
“(C) A plan for the modification or termination of the support, including the consideration of the transition of such support from one fiscal authority to another.
“(D) A list of any relevant entities of the United States Government that are or will be involved in the modification or termination of such support, including any planned transition of such support from one Government entity to another.”;
(5) by striking subsection (g), as redesignated by paragraph (3), and inserting the following new subsection (g):
“(g) Construction of authority.—Nothing in this section may be construed to constitute authority to conduct or provide statutory authorization for any of the following:
“(1) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
“(2) An introduction of the armed forces, (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c)), into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).
“(3) The provision of support to regular forces, irregular forces, groups, or individuals to conduct operations that United States special operations forces are not otherwise authorized to conduct.
“(4) Activities or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.”;
(6) in subsection (i)(3), as redesignated by paragraph (3)—
(A) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and
(B) by inserting after subparagraph (F) the following new subparagraph (G):
“(G) If there is a plan to modify or terminate the support to military operations to combat terrorism in any way, a detailed description of the plan, including—
“(i) a description of the reasons for the modification or termination;
“(ii) the potential effects of the modification or termination of support on the forces providing the support;
“(iii) a detailed plan for the modification or termination of the support; and
“(iv) a list of any relevant Government entities that are or will be involved in the modification or termination of such support, including any planned transition of such support from one Government entity to another.”; and
(7) by adding at the end the following new subsection:
“(j) Modification defined.—In this section, the term ‘modification’, with respect to support provided for an approved military operation, means—
“(1) an increase or decrease in funding of more than $750,000 or change greater than 40 percent of the material resources provided;
“(2) an increase or decrease in the amount or type of equipment that significantly alters the use of or risk to foreign forces, irregular forces, groups, or United States special operations forces; or
“(3) a change in the legal or operational authorities.”.
Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f) A nuclear powered aircraft carrier may not be retired before its first refueling.”.
Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(k) The Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 292 aircraft.”.
(a) Authority.—Subsection (a) of section 1059 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows:
“(1) PROVISION OF ASSISTANCE.—
“(A) IN GENERAL.—The Secretary of Defense may provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section.
“(B) REQUIREMENTS.—If the Secretary provides assistance under subparagraph (A), the Secretary shall ensure that—
“(i) the provision of the assistance will not negatively affect military training, operations, readiness, or other military requirements; and
“(ii) the tasks associated with the support provided align with the mission or occupational specialty of any members of the Armed Forces, including members of the reserve components, or units of the Armed Forces, including the reserve components, that are deployed.
“(2) NOTIFICATION REQUIREMENT.—Not later than 5 days after the date on which the Secretary decides to provide assistance under paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives notice of such decision.”.
(b) Reporting requirements.—Subsection (f) of such section is amended to read as follows:
“(1) REPORT REQUIRED.—Any time assistance is provided under subsection (a), not later than 30 days after the date on which such assistance is first provided, and every 3 months thereafter during the period while such assistance is provided, the Secretary of Defense, in coordination with the Secretary of Homeland Security, shall submit to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives a report that includes, for both the period covered by the report and the total period of the deployment, each of the following:
“(A) A description of the assistance provided.
“(B) A description of the Armed Forces, including the reserve components, deployed as part of such assistance, including an identification of—
“(i) the members of the Armed Forces, including members of the reserve components, deployed, including specific information about unit designation, size of unit, and whether any personnel in the unit deployed under section 12302 of title 10, United States Code;
“(ii) the readiness rating for each of the units deployed, including specific information about any impacts to planned training exercises for any such unit;
“(iii) the projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment;
“(iv) any specific pre-deployment training provided for such members of the Armed Forces, including members of the reserve components;
“(v) the specific missions and tasks, by location, that are assigned to the members of the Armed Forces, including members of the reserve components, who are so deployed;
“(vi) the life support conditions and associated costs;
“(vii) the locations where units so deployed are conducting their assigned mission, together with a map showing such locations;
“(viii) a description of the rules and additional guidance applicable to the deployment, including the standing rules for the use of force for deployed personnel and the issuance of any weapons and ammunition; and
“(ix) the plan to transition the functions performed by the members of the Armed Forces, including members of the reserve components, to the Department of Homeland Security and Customs Border Protection.
“(C) The sources and amounts of funds expended—
“(i) during the period covered by the report; and
“(ii) during the total period for which such support has been provided.
“(D) The amount of funds obligated—
“(i) during the period covered by the report; and
“(ii) during the total period for which such support has been provided.
“(E) An assessment of the efficacy and cost-effectiveness of such assistance in support of the objectives and strategy of the Secretary of Homeland Security to address the challenges on the southern land border of the United States and recommendations, if any, to enhance the effectiveness of such assistance.
“(2) FORM OF REPORT.—Each report submitted under this subsection shall be submitted in unclassified form and without any designation relating to dissemination control, but may include a classified annex.”.
(c) Classification.—The Law Revision Counsel is directed to place this section in a note following section 284 of title 10, United States Code.
(a) Limitation.—The Secretary of the Air Force may take no action that would prevent the Air Force from maintaining or operating the fleets of EQ–4 aircraft in the configurations and capabilities in effect on the date of the enactment of this Act, or in improved configurations and capabilities, before the date on which each of the three individual certifications described in subsection (b) have been submitted to the congressional defense committees.
(b) Certifications required.—The certifications described in this subsection are the following:
(1) The written certification of the Chairman of the Joint Requirements Oversight Council that the replacement capability for the EQ–4 aircraft will—
(A) be fielded at the same time or before the divestment of the EQ–4 aircraft;
(B) result in equal or greater capability available to the commanders of the combatant commanders; and
(C) not result in less airborne capacity or on-station time available to the commanders of the combatant commands.
(2) The written certification of the Commander of United States Central Command that the replacement capability for the EQ–4 aircraft will not result in less airborne capacity or on-station time available for mission taskings that the EQ–4 provides, as of the date of the enactment of this Act, in the United States Central Command area of responsibility.
(3) The written certification of the Under Secretary of Defense for Acquisition and Sustainment that the validated operating and sustainment costs of the capability developed or fielded to replace an equivalent capacity the EQ–4 aircraft provides is less than the validated operating and sustainment costs for the EQ–4 aircraft on a comparable flight-hour cost basis.
(c) Calculation of flight-Hour cost basis.—For purposes of calculating the flight-hour cost basis under subsection (b)(3), the Under Secretary shall include all costs for—
(1) Unit level manpower;
(2) Unit operations;
(3) maintenance;
(4) sustaining support; and
(5) system improvements.
(1) REPORTS REQUIRED.—Not later than January 31, 2021, each Secretary of a military department shall submit to the congressional defense committees a report on the development and fielding of the newest generations of personal protective equipment to the Armed Forces under the jurisdiction of such Secretary.
(2) ELEMENTS.—Each report under paragraph (1) shall include, for each Armed Force covered by such report, the following:
(A) A description and assessment of the development and fielding of the newest generations of personal protective equipment and auxiliary personal protective equipment to members of such Armed Force, including the following:
(i) The number (aggregated by total number and by sex) of members of such Armed Force issued the Army Soldiers Protective System and the Modular Scalable Vest Generation II body armor as of December 31, 2020.
(ii) The number (aggregated by total number and by sex) of members of such Armed Force issued Marine Corps Plate Carrier Generation III (PC Gen III) body armor as of that date.
(iii) The number (aggregated by total number and by sex) of members of such Armed Force fitted with legacy personal protective equipment as of that date.
(B) A description and assessment of the barriers, if any, to the development and fielding of such generations of equipment to such members.
(C) A description and assessment of challenges in the development and fielding of such generations of equipment to such members, including cost overruns, contractor delays, and other challenges.
(b) System for tracking data on injuries.—
(A) IN GENERAL.—The Director of the Defense Health Agency (DHA) shall develop and maintain a system for tracking data on injuries among members of the Armed Forces in and during the use of newest generation personal protective equipment.
(B) SCOPE OF SYSTEM.—The system required by this subsection may, at the election of the Director, be new for purposes of this subsection or within or a modification of an appropriate existing system (such as the Defense Occupational And Environmental Health Readiness System (DOEHRS)).
(2) REPORT.—Not later than January 31, 2025, the Director shall submit to Congress a report on the prevalence among members of the Armed Forces of preventable injuries attributable to ill-fitting or malfunctioning personal protective equipment.
(c) Inclusion in annual periodic health assessments.—The annual Periodic Health Assessment (PHA) of members of the Armed Forces undertaken after the date of the enactment of this Act shall include one or more questions on whether members incurred an injury in connection with ill-fitting or malfunctioning personal protective equipment during the period covered by such assessment, including the nature of such injury.
(a) Prohibition.—Notwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft.
(b) Exception.—The limitation under subsection (a) shall not apply to any individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a mishap or other damage or because the aircraft is uneconomical to repair.
(c) Implementation report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees, a report on the progress made toward the A–10 re-wing contracts and the progress made in re-winging some of the 283 A–10 aircraft that have not received new wings.
(a) In general.—The Secretary of the Air Force shall modify Air Force Instruction 10–503 (pertaining to the strategic basing process) to ensure that the process for the selection of a location in the United States for the strategic basing of an aircraft includes the following:
(1) A comparative analysis of the overall community support for the mission among the candidate locations, as indicated by the formal comments received during the public comment period for the environmental impact statement relating to the basing decision and, in a case in which the Secretary selects a final location with less community support compared to other locations as indicated by such analysis, an explanation of the operational considerations that formed the basis for such selection.
(2) An analysis of joint and all-domain training capabilities at each candidate location, separate from and in addition to the mission criteria developed for the basing action.
(3) A comparative analysis of the airspace and training areas available at each candidate location, separate from and in addition to the mission criteria developed for the basing action.
(b) Report required.—Not later than 14 days after the date on which the Secretary of Defense publicly announces the preferred and reasonable alternative locations for the basing of an aircraft as described in subsection (a), the Secretary shall submit to the congressional defense committees a report that includes—
(1) an assessment of each candidate location that was considered as part of the basing process, including, with respect to each such location, an analysis of each of the factors specified in paragraphs (1) through (3) of such subsection; and
(2) an explanation of how each candidate location was scored against such factors, including the weight assigned to each factor.
(a) Limitation.—Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for Operation and Maintenance, Defense-wide, Office of the Secretary of Defense, for Travel of Persons, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense makes publicly available the top-line numbers of deployed members of the Armed Forces described in subsection (b).
(b) Top-Line numbers described.— The top-line numbers of deployed members of the Armed Forces referred to in subsection (a)—
(1) are the numbers required to be made publicly available under section 595 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 122a note);
(2) shall include all such numbers for fiscal year 2017 and each subsequent fiscal year; and
(3) shall include the number of personnel on temporary duty and the number of personnel deployed in support of contingency operations.
(c) Sensitive military operation.—The requirement under subsection (a) to make the top-line numbers of deployed members of the Armed Forces publicly available is not satisfied if the Secretary, in exercising the waiver authority under subsection (b) of section 595 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 122a note) does not submit the notice and reasons for the waiver determination to Committees of Armed Services of the House of Representatives and the Senate as required under paragraph (2) of such subsection.
(a) Limitation.—The Secretary of Defense may not take any action to execute the physical move, integration, reassignment, or shift in responsibility of the Marine Forces Northern Command before the date that is 60 days after the date on which the Secretary submits the report described in subsection (b).
(b) Report.—If the Secretary of Defense plans to take any action to physically move, integrate, reassign, or shift the responsibility of Marine Forces Northern Command, the Secretary shall submit to the congressional defense committees a report on such proposed action that includes each of the following:
(1) An analysis of how the proposed action would be beneficial to military readiness.
(2) A description of how the proposed action would align with the national defense strategy and the supporting strategies for each of the military departments.
(3) A description of the proposed organizational structure change associated with the action and how will it affect the relationship between Marine Forces Northern Command and administrative control responsibilities, operational control responsibilities, and tactical control responsibilities.
(4) The projected cost associated with the proposed action and any projected long-term cost savings.
(5) A detailed description of any requirements for new infrastructure or relocation of equipment and assets associated with the proposed action.
(6) A description of how the proposed action would facilitate total force integration and Marine Corps general officer progression, including with respect to the reserve components.
(c) Waiver.—The Secretary may waive the limitation under subsection (a) if the Secretary determines such a waiver is necessary by reason of hostilities or the imminent threat of hostilities.
(d) Applicability.—This section shall apply with respect to any action to execute the physical move, integration, reassignment, or shift in responsibility of the Marine Forces Northern Command that is initiated on or after the date of the enactment of this Act. In the case of such an action that was initiated but not completed before the date of the enactment of this Act, no additional effort may be made to complete such action before the date that is 60 days after the date on which the Secretary submits the report described in subsection (b).
(a) In general.—Prior to basing a major weapon system or additional permanently assigned forces comparable to or larger than a battalion, squadron, or naval combatant for permanent basing to a host country with at-risk 5th generation (5G) or sixth generation (6G) wireless network equipment, software, and services, including supply chain vulnerabilities identified by the Federal Acquisition Security Council, where United States military personnel and their families will be directly connected or subscribers to networks that include such at-risk equipment, software, and services in their official duties or in the conduct of personal affairs, the Secretary of Defense shall provide a notification to the congressional defense committees that includes a description of—
(1) steps being taken by the host country to mitigate any potential risks to the weapon systems, military units, or personnel, and the Department of Defense’s assessment of those efforts;
(2) steps being taken by the United States Government, separately or in collaboration with the host country, to mitigate any potential risks to the weapon systems, permanently deployed forces, or personnel;
(3) any defense mutual agreements between the host country and the United States intended to allay the costs of risk mitigation posed by the at-risk infrastructure; and
(4) any other matters the Secretary determines to be relevant.
(b) Applicability.—The conditions in subsection (a) apply to the permanent long-term stationing of equipment and permanently assigned forces, and do not apply to short-term deployments or rotational presence to military installations outside the United States in connection with exercises, dynamic force employment, contingency operations, or combat operations.
(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains an assessment of—
(1) the risk to personnel, equipment, and operations of the Department of Defense in host countries posed by the current or intended use by such countries of 5G or 6G telecommunications architecture provided by at-risk vendors; and
(2) measures required to mitigate the risk described in paragraph (1), including the merit and feasibility of the relocation of certain personnel or equipment of the Department to another location without the presence of 5G or 6G telecommunications architecture provided by at-risk vendors.
(d) Form.—The report required by subsection (c) shall be submitted in a classified form with an unclassified summary.
(e) Major weapon system defined.—In this section, the term “major weapon system” has the meaning given that term in section 2379(f) of title 10, United States Code.
(a) Federal aid for State governments.—Section 251 of title 10, United States Code, is amended—
(1) by striking “Whenever” and inserting “(a) In general.—Whenever”; and
(2) by adding at the end the following new subsection:
“(b) Certification to Congress.— (1) The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an insurrection described in subsection (a).
“(2) A certification under paragraph (1) shall include the following:
“(A) A description of the circumstances necessitating the invocation of the authority under this section.
“(B) Demonstrable evidence that the State concerned is unable or unwilling to suppress such insurrection, and a legal justification for resorting to the authority under this section to so suppress.
“(C) A description of the mission, scope, and duration of use of members of the armed forces under this section.”.
(b) Use of militia and armed forces To enforce Federal authority.—Section 252 of title 10, United States Code, is amended to read as follows:
Ҥ 252. Use of militia and armed forces to enforce Federal authority
“(a) Authority.—Whenever unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, the President may call into Federal service such of the militia of any State, and use such of the armed forces, as the President considers necessary to enforce those laws or to suppress the rebellion.
“(b) Certification to Congress.— (1) The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an unlawful obstruction, combination, or assemblage, or rebellion against the authority of the United States described in subsection (a).
“(2) A certification under paragraph (1) shall include the following:
“(A) A description of the circumstances necessitating the invocation of the authority under this section.
“(B) Demonstrable evidence that the State concerned is unable or unwilling to suppress such unlawful obstruction, combination, or assemblage, or rebellion against the authority of the United States, and a legal justification for resorting to the authority under this section to so suppress.
“(C) A description of the mission, scope, and duration of use of members of the armed forces under this section.”.
(c) Interference with State and Federal law.—Section 253 of title 10, United States Code, is amended—
(1) by striking “The President” and inserting “(a) Authority.—(1) The President”;
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(3) by striking “In any situation covered by clause (1),” and inserting “(2) In any situation covered by paragraph (1)(A),”; and
(4) by adding at the end the following new subsection:
“(b) Certification to Congress.— (1) The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an insurrection, domestic violence, unlawful combination, or conspiracy, as described in subsection (a).
“(2) A certification under paragraph (1) shall include the following:
“(A) A description of the circumstances necessitating the invocation of the authority under this section.
“(B) Demonstrable evidence that the State concerned is unable or unwilling to suppress such insurrection, domestic violence, unlawful combination, or conspiracy, and a legal justification for resorting to the authority under this section to so suppress.
“(C) A description of the mission, scope, and duration of use of members of the armed forces under this section.”.
(d) Consultation with Congress.—
(1) IN GENERAL.—Chapter 13 of title 10, United States Code, is amended by adding at the end the following new section:
“The President, in every possible instance, shall consult with Congress before invoking the authority under section 251, 252, or 253 of this title.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 13 of title 10, United States Code, is amended by adding at the end the following new item:
“256. Consultation.”.
(e) Restriction on direct participation by military personnel.—
(1) IN GENERAL.—Such chapter is further amended by adding at the end the following new section:
Ҥ 257. Restriction on direct participation by military personnel
“(a) In general.—No activity under this chapter shall permit direct participation by a member of the Army, Navy, Air Force, Marine Corps, or Space Force in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise expressly authorized by law.
“(b) Regulations.—The Secretary of Defense shall prescribe such regulations as may be necessary to ensure compliance with subsection (a).
“(c) Rule of construction.—Nothing in this section shall be construed to limit authority of law enforcement personnel of the armed forces on Federal military installations”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is further amended by adding at the end the following new item:
“257. Restriction on direct participation by military personnel.”.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Joint Artificial Intelligence Center to acquire or develop new artificial intelligence systems may be obligated or expended unless the Department of Defense, or the vendor of such new system, has—
(1) assessed such algorithmic decision-making system, or commits to assess such system within 1 year of the date of such acquisition or completion of development, with respect to its potential to perpetuate or introduce discriminatory bias against protected classes of persons, including on the basis of sex, race, age, disability, color, creed, national origin, or religion, and after the completion of such assessment, transmits to the Secretary a description of the methodology by which such assessment was conducted;
(2) sought to address any unintended discriminatory bias identified pursuant to paragraph (1) prior to deploying such system, and through periodic assessments during use of such systems, in any context where such usage poses a tangible risk of resulting in an action which could reasonably be seen to violate any law, policy, regulation, or other codified practice of the United States with respect to anti-discrimination, equal protection, or civil rights, and transmitted to the Secretary a description of the measures undertaken to comply with the requirements of this section; and
(3) ensured that such system conforms to the DoD AI Ethics Principles for purposes of identifying and addressing the causes of potential discriminatory biases in the system.
Section 167(k) of title 10, United States Code, is amended—
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new paragraph (10):
(a) In general.—Section 253 of title 10, United States Code, is amended—
(1) by inserting “(a) In General.—” before “The President”; and
(2) by adding at the end the following new subsection:
“(b) Use of other means.— (1) Other means used by the President pursuant to subsection (a) may only include activities by Federal law enforcement officers.
“(2) Any Federal law enforcement officer performing duty pursuant to subsection (a) shall visibly display on the uniform or other clothing of such officer—
“(A) the name of such officer; and
“(B) the name of the agency for which such officer is employed.
“(A) The term ‘Federal law enforcement officer’ means—
“(i) an employee or officer in a position in the executive, legislative, or judicial branch of the Federal Government who—
“(I) is authorized by law to engage in or supervise a law enforcement function; or
“(II) has statutory powers of arrest or apprehension under section 807(b) of this title (article 7(b) of the Uniform Code of Military Justice); or
“(ii) an employee or officer of a contractor or subcontractor (at any tier) of an agency in the executive, legislative, or judicial branch of the Federal Government who is authorized by law or under the contract with the agency to engage in or supervise a law enforcement function; and
“(B) The term ‘law enforcement function’ means the prevention, detection, or investigation of, or the prosecution or incarceration of any person for, any violation of law.”.
(b) Rule of construction.—Nothing in this section, or the amendments made by this section, shall be construed to limit or otherwise supersede the authority of Federal law enforcement officials who do not wear a uniform in the regular performance of their official duties or who are engaged in undercover operations to perform their official duties under authorities other than section 253 of title 10, United States Code.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense maybe obligated or expended for the deactivation, unmanning,or selling of any Army watercraft assets, until the Secretary of Defense submits to Congress certification that—
(1) the Secretary has received and accepted the federally funded research and development center Army watercraft study as directed by section 1058 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92);
(2) the review, analysis, and recommendations of such study are included in the mobility, capabilities, requirements study; and
(3) the Secretary will include in such study a review and analysis of—
(A) doctrine-based roles and missions of the military services;
(B) current and future investments;
(C) the effects of emerging operational concepts;
(D) demand signals of Department of Defense small vessels relative to Army watercraft, Navy small ships, and amphibious connectors; and
(E) readiness risk being assumed across each of the geographic combatant commands.
(1) PAID PARENTAL LEAVE FOR EMPLOYEES OF DISTRICT OF COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE.—
(A) DISTRICT OF COLUMBIA COURTS.—Section 11–1726, District of Columbia Official Code, is amended by adding at the end the following new subsection:
“(d) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial employees of the District of Columbia courts, the Joint Committee on Judicial Administration shall, notwithstanding any provision of such Act, establish a paid parental leave program for the leave described in subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in connection with the birth of a child or the placement of a child for adoption or foster care). In developing the terms and conditions for this program, the Joint Committee may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.”.
(B) DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE.—Section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2–1605, D.C. Official Code) is amended by adding at the end the following new subsection:
“(d) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to employees of the Service, the Director shall, notwithstanding any provision of such Act, establish a paid parental leave program for the leave described in subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in connection with the birth of a child or the placement of a child for adoption or foster care). In developing the terms and conditions for this program, the Director may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.”.
(2) CLARIFICATION OF USE OF OTHER LEAVE IN ADDITION TO 12 WEEKS AS FAMILY AND MEDICAL LEAVE.—
(A) TITLE 5.—Section 6382(a) of title 5, United States Code, as amended by section 7602 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended—
(i) in paragraph (1), in the matter preceding subparagraph (A), by inserting “(or, in the case of leave that includes leave under subparagraph (A) or (B) of this paragraph, 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii))” after “12 administrative workweeks of leave”; and
(ii) in paragraph (4), by inserting “(or 26 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii))” after “26 administrative workweeks of leave”.
(B) CONGRESSIONAL EMPLOYEES.—Section 202(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(1)), as amended by section 7603 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended—
(i) in the second sentence, by inserting “and in the case of leave that includes leave for such an event, the period of leave to which a covered employee is entitled under section 102(a)(1) of such Act shall be 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B) of this section” before the period; and
(ii) by striking the third sentence and inserting the following: “For purposes of applying section 102(a)(4) of such Act, in the case of leave that includes leave under subparagraph (A) or (B) of section 102(a)(1) of such Act, a covered employee is entitled, under paragraphs (1) and (3) of section 102(a) of such Act, to a combined total of 26 workweeks of leave plus any additional period of leave used under subsection (d)(2)(B) of this section.”.
(C) OTHER EMPLOYEES COVERED UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(a)) is amended by adding at the end the following:
“(6) SPECIAL RULES ON PERIOD OF LEAVE.—With respect to an employee of the Government Accountability Office and an employee of the Library of Congress—
“(A) in the case of leave that includes leave under subparagraph (A) or (B) of paragraph (1), the employee shall be entitled to 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be; and
“(B) for purposes of paragraph (4), the employee is entitled, under paragraphs (1) and (3), to a combined total of 26 workweeks of leave plus, if applicable, any additional period of leave used under subsection (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be.”.
(3) APPLICABILITY.—The amendments made by this subsection shall not be effective with respect to any birth or placement occurring before October 1, 2020.
(b) Paid parental leave for presidential employees.—
(1) AMENDMENTS TO chapter 5 OF TITLE 3, UNITED STATES CODE.—Section 412 of title 3, United States Code, is amended—
(A) in subsection (a)(1), by adding at the end the following: “In applying section 102 of such Act with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (c) of this section shall apply and in the case of leave that includes leave for such an event, the period of leave to which a covered employee is entitled under section 102(a)(1) of such Act shall be 12 administrative workweeks of leave plus any additional period of leave used under subsection (c)(2)(B) of this section. For purposes of applying section 102(a)(4) of such Act, in the case of leave that includes leave under subparagraph (A) or (B) of section 102(a)(1) of such Act, a covered employee is entitled, under paragraphs (1) and (3) of section 102(a) of such Act, to a combined total of 26 workweeks of leave plus any additional period of leave used under subsection (c)(2)(B) of this section.”;
(B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(C) by inserting after subsection (b) the following:
“(c) Special rule for paid parental leave.—
“(1) SUBSTITUTION OF PAID LEAVE.—A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose.
“(2) AMOUNT OF PAID LEAVE.—The paid leave that is available to a covered employee for purposes of paragraph (1) is—
“(A) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5, United States Code; and
“(B) during the 12-month period referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the administrative workweeks described in subparagraph (A), any additional paid vacation, personal, family, medical, or sick leave provided by the employing office to such employee.
“(3) LIMITATION.—Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be considered to require or permit an employing office to require that an employee first use all or any portion of the leave described in paragraph (2)(B) before being allowed to use the paid parental leave described in paragraph (2)(A).
“(4) ADDITIONAL RULES.—Paid parental leave under paragraph (2)(A)—
“(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office;
“(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use; and
“(C) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5, United States Code, or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).”; and
(D) in subsection (e)(1), as so redesignated, by striking “subsection (c)” and inserting “subsection (d)”.
(2) APPLICABILITY.—The amendments made by this subsection shall not be effective with respect to any birth or placement occurring before October 1, 2020.
(A) IN GENERAL.—Paragraph (3) of section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(3)), as added by section 7604 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended—
(i) in the paragraph heading, by inserting “and Federal Aviation Administration” after “GAO”;
(ii) in subparagraphs (A) and (B), by striking “the Government Accountability Office” in each instance and inserting “the Government Accountability Office or the Federal Aviation Administration”; and
(iii) in subparagraph (D)(i), by striking “the Government Accountability Office” and inserting “the Government Accountability Office or the Federal Aviation Administration (as the case may be)”.
(B) APPLICABILITY.—The amendments made by subparagraph (A) shall not be effective with respect to any birth or placement occurring before October 1, 2020.
(2) CORRECTIONS FOR TSA SCREENERS.—Section 7606 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(A) by striking “Section 111(d)(2)” and inserting the following:
“(a) In general.—Section 111(d)(2)”; and
(B) by adding at the end the following:
“(b) Effective date; application.—
“(1) IN GENERAL.—The amendment made by subsection (a) shall not be effective with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5, United States Code, occurring before October 1, 2020.
“(2) APPLICATION TO SERVICE REQUIREMENT FOR ELIGIBILITY.—For purposes of applying the period of service requirement under subparagraph (B) of section 6381(1) to an individual appointed under section 111(d)(1) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note), the amendment made by subsection (a) of this section shall apply with respect to any period of service by the individual under such an appointment, including service before the effective date of such amendment.”.
(1) IN GENERAL.—Section 7425 of title 38, United States Code, is amended—
(A) in subsection (b), by striking “Notwithstanding” and inserting “Except as provided in subsection (c), and notwithstanding”; and
(B) by adding at the end the following:
“(c) Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed by the Administration family and medical leave in the same manner, to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.”.
(2) APPLICABILITY.—The amendments made by paragraph (1) shall not be effective with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5, United States Code, occurring before October 1, 2020.
(1) BANKRUPTCY JUDGES.—Section 153(d) of title 28, United States Code, is amended—
(A) by striking “A bankruptcy judge” and inserting “(1) Except as provided in paragraph (2), a bankruptcy judge”; and
(B) by adding at the end the following:
“(2) The provisions of subchapter V of chapter 63 of title 5 shall apply to a bankruptcy judge as if the bankruptcy judge were an employee (within the meaning of subparagraph (A) of section 6381(1) of such title).”.
(2) MAGISTRATE JUDGES.—Section 631(k) of title 28, United States Code, is amended—
(A) by striking “A United States magistrate judge” and inserting “(1) Except as provided in paragraph (2), a United States magistrate judge”; and
(B) by adding at the end the following:
“(2) The provisions of subchapter V of chapter 63 of title 5 shall apply to a United States magistrate judge as if the United States magistrate judge were an employee (within the meaning of subparagraph (A) of section 6381(1) of such title).”.
(3) APPLICABILITY.—The amendments made by this subsection shall not be effective with respect to any birth or placement occurring before October 1, 2020.
(1) Section 7605 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking “on active duty” each place it appears and inserting “on covered active duty”.
(2) Subparagraph (E) of section 6382(d)(2) of title 5, United States Code, as added by section 7602 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended by striking “the requirement to complete” and all that follows and inserting “the service requirement under subparagraph (B) of section 6381(1).”.
(3) Section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended by section 7603 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended by inserting “accrued” before “sick leave”.
(g) Effective date.—The amendments made by this section shall take effect as if enacted immediately after the enactment of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be used to carry out the authority provided under section 7103(b) of title 5, United States Code, to exclude the Department of Defense or any agency or subdivision thereof from coverage under chapter 71 of such title.
(a) Travel and transportation allowances.—
(1) IN GENERAL.—Subchapter II of chapter 75 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 1492. Authority to provide travel and transportation allowances in connection with transfer ceremonies of department of defense and coast guard civilian employees who die overseas
“The Secretary of the military department concerned, the agency head of a Defense Agency or Department of Defense Field Activity, or the Secretary of Homeland Security, as appropriate, may provide round trip travel and transportation allowances in connection with ceremonies for the transfer of a Department of Defense or Coast Guard civilian employee who dies while located or serving overseas to eligible relatives and provide for the accompaniment of such persons to the same extent as the Secretary of Defense may provide such travel and transportation allowances and accompaniment services to such persons with respect to a deceased service member under chapter 8 of title 37.”.
(2) CLERICAL AMENDMENT.—The table of contents at the beginning of such subchapter is amended by adding at the end the following new item:
“1492. Authority to provide travel and transportation allowances in connection with transfer ceremonies of department of defense and coast guard civilian employees who die overseas.”.
(b) Technical amendments.—Section 481f(d) of title 37, United States Code, is amended—
(1) in the subsection heading, by striking “Transportation to” and inserting “Travel and transportation allowances in connection with”; and
(2) in paragraph (1) in the matter preceding subparagraph (A), by striking “transportation to” and inserting “travel and transportation allowances in connection with”.
Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking “through 2020” and inserting “through 2021”.
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1104 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking “2021” and inserting “2022”.
(a) Local wage area limitation.—Section 5343(a) of title 5, United States Code, is amended—
(1) in paragraph (1)(B)(i), by striking “(but such” and all that follows through “are employed)”;
(2) in paragraph (4), by striking “and” after the semicolon;
(3) in paragraph (5), by striking the period at the end and inserting “; and”; and
(4) by adding at the end of the following:
“(6) the Office of Personnel Management may define not more than 1 local wage area within a pay locality, except that this paragraph shall not apply to the pay locality designated as ‘Rest of United States’.”.
(b) Pay locality defined.—Section 5342(a) of title 5, United States Code, is amended—
(1) in paragraph (2)(C), by striking “and” at the end;
(2) in paragraph (3), by striking the period at the end and inserting “; and ”; and
(3) by adding at the end the following:
“(4) ‘pay locality’ has the meaning given that term under section 5302(5).”.
(c) Regulations.—The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this section and the amendments made by this section, including regulations to ensure that this section and the amendments made by this section shall not have the effect of reducing any rate of basic pay payable to any individual who is serving as a prevailing rate employee (as defined under section 5342(a)(2) of title 5, United States Code).
(d) Effective date.—This section and the amendments made by this section shall apply with respect to fiscal year 2022 and each fiscal year thereafter.
Section 1595(c) of title 10, United States Code, is amended by adding at the end the following:
“(6) The Defense Security Cooperation University.
“(7) The Defense Institute for Security Governance.”.
(a) In general.—Subsection (b) of section 3326 of title 5, United States Code, is amended—
(1) in paragraph (1), by striking “or” at the end;
(2) in paragraph (2), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following:
“(3) the proposed appointment is to a position in the competitive service—
“(A) at any industrial base facility (as that term is defined in section 2208(u)(3) of title 10) that is part of the core logistics capabilities (as described in section 2464(a) of such title); and
“(B) that has been certified by the Secretary concerned as lacking sufficient numbers of qualified applicants.”.
(b) Limitation on delegation of certification authority.—Such section 3326 is further amended by adding at the end the following:
“(d) The authority to make a certification described in subsection (b)(3) may not be delegated to an individual with a grade lower than colonel, or captain in the Navy, or an inriviaul with an equivalent civilian grade.”.
(c) Sense of Congress.—It is the sense of Congress that the amendments made by subsections (a) and (b) shall supplement, and not provide any exception to, the competitive hiring process for the Federal civil service.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall establish and carry out, for a period of not less than 5 years, a Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services. Such demonstration project shall provide, with respect to each Services employee, that—
(1) assignments to tours of duty are scheduled in advance over periods of not less than 2 weeks;
(2) tours of duty are scheduled using a regularly recurring pattern of 48-hour shifts followed by 48 or 72 consecutive non-work hours, as determined by mutual agreement between the Navy Region Mid-Atlantic and the exclusive employee representative at each Navy Region Mid-Atlantic Installation, in such a manner that each employee is regularly scheduled for 144-hours in any 2-week period;
(3) for any such employee that is a fire fighter working an alternative work schedule, such employee shall earn overtime compensation in a manner consistent with other applicable law and regulation;
(4) no right shall be established to any form of premium pay, including night, Sunday, holiday, or hazard duty pay; and
(5) leave accrual and use shall be consistent with other applicable law and regulation.
(b) Report.—Not later than 180 days following the end of such demonstration project, the Commander, Navy Region Mid-Atlantic, shall submit a report to the Committees on Armed Services of the House of Representatives and the Senate detailing—
(1) any financial savings or expenses directly and inseparably linked to the demonstration project;
(2) any intangible quality of life and morale improvements achieved by the demonstration project; and
(3) any adverse impact of the demonstration project occurring solely as the result of the transition to the demonstration project.
Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 22 U.S.C. 2680b) is amended—
(1) in subsection (a), by inserting “or the head of any other Federal agency” after “The Secretary of State”;
(A) by striking “the Department of State” and inserting “the Federal Government”; and
(B) by inserting after “subsection (f)” the following: “, but does not include an individual receiving compensation under section 19A of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b)”; and
(3) in subsection (h)(2), by striking the first sentence and inserting the following: “Nothing in this section shall limit, modify, or otherwise supersede chapter 81 of title 5, United States Code, the Defense Base Act (42 U.S.C. 1651 et seq.), or section 19A of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b).”.
(a) In general.—Section 6304(d) of title 5, United States Code, is amended by adding at the end the following new paragraph:
“(5) For the purposes of this subsection, the service of an employee during a pandemic shall be deemed to be an exigency of the public business, and any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).”.
(b) Applicability.—The amendment made by subsection (a) shall apply to any leave lost on or after the date of enactment of this Act.
(a) In general.—Except as provided in subsection (b), no employee of the United States, officer of the United States, Member of Congress, congressional employee, or officer or employee of a government corporation may download or use TikTok or any successor application developed by ByteDance or any entity owned by ByteDance on any device issued by the United States or a government corporation.
(b) Exception.—Subsection (a) shall not apply to any investigation, cybersecurity research activity, enforcement action, disciplinary action, or intelligence activity.
(a) In general.—Section 5711 of title 5, United States Code, is amended—
(1) in the section heading, by striking “test”;
(i) in the matter preceding subparagraph (A), by striking “committee” and inserting “committees”; and
(ii) in subparagraph (B), by striking “Government”;
(i) by striking “test”; and
(ii) by striking “section, including the provision of reports in accordance with subsection (d)(1)” and inserting “subsection”;
(C) in paragraph (4)(B), in the matter preceding clause (i), by inserting “and maintain” after “develop”; and
(i) in subparagraph (A), by striking “test”; and
(ii) by striking subparagraph (B) and inserting the following:
“(B) The Director of the Patent and Trademark Office shall prepare and submit to the appropriate committees of Congress an annual report on the operation of the program under this subsection, which shall include—
“(i) the costs and benefits of the program; and
“(ii) an analysis of the effectiveness of the program, as determined under criteria developed by the Director.”; and
(3) in subsection (g), by striking “this section” and inserting “subsection (b)”.
(b) Technical and conforming amendments.—The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by striking the item relating to section 5711 and inserting the following:
“5711. Authority for telework travel expenses programs.”.
Section 5542(a)(6)(B) of title 5, United States Code, is amended by striking “September 30, 2021” and inserting “September 30, 2026”.
(a) In general.—Section 3345 of title 5, United States Code, is amended by adding at the end the following:
“(d) (1) Notwithstanding subsection (a), if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant of such position shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346.
“(2) Notwithstanding subsection (a), if for purposes of carrying out paragraph (1) of this subsection, by reason of absence, disability, or vacancy, the first assistant to the position of Inspector General is not available to perform the functions and duties of the Inspector General, an acting Inspector General shall be appointed by the President from among individuals serving in an office of any Inspector General, provided that—
“(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable Inspector General, the individual served in a position in an office of any Inspector General for not less than 90 days; and
“(B) the rate of pay for the position of such individual is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.”.
(b) Application.—The amendment made by subsection (a) shall apply to any vacancy first occurring with respect to an Inspector General position on or after the date of enactment of this Act.
This subtitle may be cited as the “Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020”.
Section 102 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
(1) by striking paragraph (4) and inserting the following:
“(4) accountability in the enforcement of the rights of Federal employees is furthered when Federal agencies agree to take appropriate disciplinary action against Federal employees who are found to have intentionally committed discriminatory (including retaliatory) acts;”; and
(A) by striking “nor is accountability” and inserting “accountability is not”; and
(B) by inserting “for what, by law, the agency is responsible” after “under this Act”.
Section 202 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
“(d) Notification of final agency action.—
“(1) IN GENERAL.—Not later than 90 days after the date on which an event described in paragraph (2) occurs with respect to a finding of discrimination (including retaliation), the head of the Federal agency subject to the finding shall provide notice—
“(A) on the public internet website of the agency, in a clear and prominent location linked directly from the home page of that website;
“(B) stating that a finding of discrimination (including retaliation) has been made; and
“(C) which shall remain posted for not less than 1 year.
“(2) EVENTS DESCRIBED.—An event described in this paragraph is any of the following:
“(A) All appeals of a final action by a Federal agency involving a finding of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a) have been exhausted.
“(B) All appeals of a final decision by the Equal Employment Opportunity Commission involving a finding of discrimination (including if the finding included a finding of retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a) have been exhausted.
“(C) A court of jurisdiction issues a final judgment involving a finding of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a).
“(3) CONTENTS.—A notification provided under paragraph (1) with respect to a finding of discrimination (including retaliation) shall—
“(A) identify the date on which the finding was made, the date on which each discriminatory act occurred, and the law violated by each such discriminatory act; and
“(B) advise Federal employees of the rights and protections available under the provisions of law covered by paragraphs (1) and (2) of section 201(a).”.
(a) Electronic format requirement.—
(1) IN GENERAL.—Section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended in the matter preceding paragraph (1)—
(A) by inserting “Homeland Security and” before “Governmental Affairs”;
(B) by striking “on Government Reform” and inserting “on Oversight and Reform”; and
(C) by inserting “(in an electronic format prescribed by the Director of the Office of Personnel Management),” after “an annual report”.
(2) EFFECTIVE DATE.—The amendment made by paragraph (1)(C) shall take effect on the date that is 1 year after the date of enactment of this Act.
(3) TRANSITION PERIOD.—Notwithstanding the requirements of section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note), the report required under such section 203(a) may be submitted in an electronic format, as prescribed by the Director of the Office of Personnel Management, during the period beginning on the date of enactment of this Act and ending on the effective date in paragraph (2).
(b) Reporting requirement for disciplinary action.—Section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
“(c) Disciplinary action report.—Not later than 120 days after the date on which a Federal agency takes final action, or a Federal agency receives a final decision issued by the Equal Employment Opportunity Commission, involving a finding of discrimination (including retaliation) in violation of a provision of law covered by paragraph (1) or (2) of section 201(a), as applicable, the applicable Federal agency shall submit to the Commission a report stating—
“(1) whether disciplinary action has been proposed against a Federal employee as a result of the violation; and
“(2) the reasons for any disciplinary action proposed under paragraph (1).”.
Section 301(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
(A) in subparagraph (A), by striking “and” at the end;
(B) in subparagraph (B)(ii), by striking the period at the end and inserting “, and”; and
(C) by adding at the end the following:
“(C) with respect to each finding described in subparagraph (A)—
“(i) the date of the finding,
“(ii) the affected Federal agency,
“(iii) the law violated, and
“(iv) whether a decision has been made regarding disciplinary action as a result of the finding.”; and
(2) by adding at the end the following:
“(11) Data regarding each class action complaint filed against the agency alleging discrimination (including retaliation), including—
“(A) information regarding the date on which each complaint was filed,
“(B) a general summary of the allegations alleged in the complaint,
“(C) an estimate of the total number of plaintiffs joined in the complaint, if known,
“(D) the current status of the complaint, including whether the class has been certified, and
“(E) the case numbers for the civil actions in which discrimination (including retaliation) has been found.”.
Section 302(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by striking “(10)” and inserting “(11)”.
(a) Notification requirements.—Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
“SEC. 207. Complaint tracking.
“Not later than 1 year after the date of enactment of the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020, each Federal agency shall establish a system to track each complaint of discrimination arising under section 2302(b)(1) of title 5, United States Code, and adjudicated through the Equal Employment Opportunity process from the filing of a complaint with the Federal agency to resolution of the complaint, including whether a decision has been made regarding disciplinary action as the result of a finding of discrimination.
“SEC. 208. Notation in personnel record.
“If a Federal agency takes an adverse action covered under section 7512 of title 5, United States Code, against a Federal employee for an act of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a), the agency shall, after all appeals relating to that action have been exhausted, include a notation of the adverse action and the reason for the action in the personnel record of the employee.”.
(b) Processing and referral.—The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
“SEC. 401. Processing and resolution of complaints.
“Each Federal agency shall—
“(1) be responsible for the fair and impartial processing and resolution of complaints of employment discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a); and
“(2) establish a model Equal Employment Opportunity Program that—
“(A) is not under the control, either structurally or practically, of the agency’s Office of Human Capital or Office of the General Counsel (or the equivalent);
“(B) is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the agency; and
“(C) ensures the efficient and fair resolution of complaints alleging discrimination (including retaliation).
“SEC. 402. No limitation on advice or counsel.
“Nothing in this title shall prevent a Federal agency or a subcomponent of a Federal agency, or the Department of Justice, from providing advice or counsel to employees of that agency (or subcomponent, as applicable) in the resolution of a complaint.
“SEC. 403. Head of program supervised by head of agency.
“The head of each Federal agency’s Equal Employment Opportunity Program shall report directly to the head of the agency.
“SEC. 404. Referrals of findings of discrimination.
“(a) EEOC findings of discrimination.—
“(1) IN GENERAL.—Not later than 30 days after the date on which the Equal Employment Opportunity Commission (referred to in this section as the ‘Commission’) receives, or should have received, a Federal agency report required under section 203(c), the Commission may refer the matter to which the report relates to the Office of Special Counsel if the Commission determines that the Federal agency did not take appropriate action with respect to the finding that is the subject of the report.
“(2) NOTIFICATIONS.—The Commission shall—
“(A) notify the applicable Federal agency if the Commission refers a matter to the Office of Special Counsel under paragraph (1); and
“(B) with respect to a fiscal year, include in the Annual Report of the Federal Workforce of the Commission covering that fiscal year—
“(i) the number of referrals made under paragraph (1) during that fiscal year; and
“(ii) a brief summary of each referral described in clause (i).
“(b) Referrals to special counsel.—The Office of Special Counsel shall accept and review a referral from the Commission under subsection (a)(1) for purposes of pursuing disciplinary action under the authority of the Office against a Federal employee who commits an act of discrimination (including retaliation).
“(c) Notification.—The Office of Special Counsel shall notify the Commission and the applicable Federal agency in a case in which—
“(1) the Office of Special Counsel pursues disciplinary action under subsection (b); and
“(2) the Federal agency imposes some form of disciplinary action against a Federal employee who commits an act of discrimination (including retaliation).
“(d) Special counsel approval.—A Federal agency may not take disciplinary action against a Federal employee for an alleged act of discrimination (including retaliation) referred by the Commission under this section, except in accordance with the requirements of section 1214(f) of title 5, United States Code.”.
(c) Conforming amendments.—The table of contents in section 1(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
(1) by inserting after the item relating to section 206 the following:
“Sec. 207. Complaint tracking.
“Sec. 208. Notation in personnel record.”; and
(2) by adding at the end the following:
“TITLE IV—PROCESSING AND REFERRAL
“Sec. 401. Processing and resolution of complaints.
“Sec. 402. No limitation on advice or counsel.
“Sec. 403. Head of Program supervised by head of agency.
“Sec. 404. Referrals of findings of discrimination.”.
Section 2302(b)(13) of title 5, United States Code, is amended—
(1) by striking “agreement does not” and inserting the following: agreement—
“(A) does not”;
(2) in subparagraph (A), as so designated, by inserting “or the Office of Special Counsel” after “Inspector General”; and
(3) by adding at the end the following:
“(B) prohibits or restricts an employee or applicant for employment from disclosing to Congress, the Special Counsel, the Inspector General of an agency, or any other agency component responsible for internal investigation or review any information that relates to any violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or any other whistleblower protection; or”.
This subtitle may be cited as the “National Cyber Director Act”.
(a) Establishment.—There is established, within the Executive Office of the President, the Office of the National Cyber Director (in this section referred to as the “Office”).
(1) IN GENERAL.—The Office shall be headed by the National Cyber Director (in this section referred to as the “Director”) who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall hold office at the pleasure of the President, and shall be entitled to receive the same pay and allowances as are provided for level I of the Executive Schedule under section 5312 of title 5, United States Code.
(2) DEPUTY DIRECTORS.—There shall be two Deputy National Cyber Directors, to be appointed by the President, who shall hold office at the pleasure of the President, and who shall report to the Director, as follows:
(A) The Deputy National Cyber Director for Strategy, Capabilities, and Budget.
(B) The Deputy National Cyber Director for Plans and Operations.
(c) Duties of the National Cyber Director.—
(1) IN GENERAL.—Subject to the authority, direction, and control of the President, the Director shall—
(A) serve as the principal advisor to the President on cybersecurity strategy and policy;
(B) in consultation with appropriate Federal departments and agencies, develop the United States’ National Cyber Strategy, which shall include elements related to Federal departments and agencies—
(i) information security; and
(ii) programs and policies intended to improve the United States’ cybersecurity posture;
(C) in consultation with appropriate Federal departments and agencies and upon approval of the National Cyber Strategy by the President, supervise implementation of the strategy by—
(i) in consultation with the Director of the Office of Management and Budget, monitoring and assessing the effectiveness, including cost-effectiveness, of Federal departments and agencies’ implementation of the strategy;
(ii) making recommendations relevant to changes in the organization, personnel and resource allocation, and policies of Federal departments and agencies to the Director of the Office of Management and Budget and heads of such departments and agencies in order to implement the strategy;
(iii) reviewing the annual budget proposal for each Federal department or agency and certifying to the head of each Federal department or agency and the Director of the Office Management and Budget whether the department or agency proposal is consistent with the strategy;
(iv) continuously assessing and making relevant recommendations to the President on the appropriate level of integration and interoperability across the Federal cybersecurity operations centers;
(v) coordinating with the Federal Chief Information Officer, the Federal Chief Information Security Officer, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of National Institute of Standards and Technology on the development and implementation of policies and guidelines related to issues of Federal department and agency information security; and
(vi) reporting annually to the President and the Congress on the state of the United States’ cybersecurity posture, the effectiveness of the strategy, and the status of Federal departments and agencies’ implementation of the strategy;
(D) lead joint interagency planning for the Federal Government’s integrated response to cyberattacks and cyber campaigns of significant consequence, to include—
(i) coordinating with relevant Federal departments and agencies in the development of, for the approval of the President, joint, integrated operational plans, processes, and playbooks for incident response that feature—
(I) clear lines of authority and lines of effort across the Federal Government;
(II) authorities that have been delegated to an appropriate level to facilitate effective operational responses across the Federal Government; and
(III) support for the integration of defensive cyber plans and capabilities with offensive cyber plans and capabilities in a manner consistent with improving the United States’ cybersecurity posture;
(ii) exercising these operational plans, processes, and playbooks;
(iii) updating these operational plans, processes, and playbooks for incident response as needed in coordination with ongoing offensive cyber plans and operations; and
(iv) ensuring these plans, processes, and playbooks are properly coordinated with relevant private sector entities, as appropriate;
(E) direct the Federal Government’s response to cyberattacks and cyber campaigns of significant consequence, to include—
(i) developing for the approval of the President, with the heads of relevant Federal departments and agencies independently or through the National Security Council as directed by the President, operational priorities, requirements, and tasks;
(ii) coordinating, deconflicting, and ensuring the execution of operational activities in incident response; and
(iii) coordinating operational activities with relevant private sector entities;
(F) coordinate and consult with private sector leaders on cybersecurity and emerging technology issues with the support of, and in coordination with, the Cybersecurity and Infrastructure Security Agency and other Federal departments and agencies, as appropriate;
(G) annually report to Congress on cybersecurity threats and issues facing the nation, including any new or emerging technologies that may impact national security, economic prosperity, or enforcing the rule of law; and
(H) be responsible for such other functions as the President may direct.
(2) DELEGATION OF AUTHORITY.—The Director may—
(A) serve as the senior representative on any body that the President may establish for the purpose of providing the President advice on cybersecurity;
(B) be empowered to convene National Security Council, National Economic Council and Homeland Security Council meetings, with the concurrence of the National Security Advisor, Homeland Security Advisor, or Director of the National Economic Council, as appropriate;
(C) be included as a participant in preparations for and, if appropriate, execution of cybersecurity summits and other international meetings at which cybersecurity is a major topic;
(D) delegate any of the Director’s functions, powers, and duties to such officers and employees of the Office as he may designate; and
(E) authorize such successive re-delegations of such functions, powers, and duties to such officers and employees of the Office as he may deem appropriate.
(d) Attendance and participation in National Security Council meetings.—Section 101(c)(2) of the National Security Act of 1947 (50 U.S.C. 3021(c)(2)) is amended by striking “and the Chairman of the Joint Chiefs of Staff” and inserting “the Chairman of the Joint Chiefs of Staff, and the National Cyber Director”.
(e) Powers of the Director.—The Director may, for the purposes of carrying out the Director’s functions under this section—
(1) subject to the civil service and classification laws, select, appoint, employ, and fix the compensation of such officers and employees as are necessary and prescribe their authority and duties, except that not more than 75 individuals may be employed without regard to any provision of law regulating the employment or compensation at rates not to exceed the basic rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code;
(2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate individuals so employed for each day (including travel time) at rates not in excess of the maximum rate of basic pay for grade GS–15 as provided in section 5332 of such title, and while such experts and consultants are so serving away from their homes or regular place of business, to pay such employees travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of such title 5 for persons in Federal Government service employed intermittently;
(3) promulgate such rules and regulations as may be necessary to carry out the functions, powers, and duties vested in the Director;
(4) utilize, with their consent, the services, personnel, and facilities of other Federal agencies;
(5) enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the work of the Office and on such terms as the Director may determine appropriate, with any Federal agency, or with any public or private person or entity;
(6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United States Code;
(7) adopt an official seal, which shall be judicially noticed; and
(8) provide, where authorized by law, copies of documents to persons at cost, except that any funds so received shall be credited to, and be available for use from, the account from which expenditures relating thereto were made.
(f) Definitions.—In this section:
(1) CYBERSECURITY POSTURE.—The term “cybersecurity posture” means the ability to identify and protect, and detect, respond to and recover from intrusions in, information systems the compromise of which could constitute a cyber attack or cyber campaign of significant consequence.
(2) CYBER ATTACKS AND CYBER CAMPAIGNS OF SIGNIFICANT CONSEQUENCE.—The term “cyber attacks and cyber campaigns of significant consequence” means an incident or series of incidents that have the purpose or effect of—
(A) causing a significant disruption to the availability of a Federal information system;
(B) harming, or otherwise significantly compromising the provision of service by, a computer or network of computers that support one or more entities in a critical infrastructure sector;
(C) significantly compromising the provision of services by one or more entities in a critical infrastructure sector;
(D) causing a significant misappropriation of funds or economic resources, trade secrets, personal identifiers, or financial information for commercial or competitive advantage or private financial gain; or
(E) otherwise constituting a significant threat to the national security, foreign policy, or economic health or financial stability of the United States.
(3) INCIDENT.—The term “incident” has the meaning given that term in section 3552 of title 44, United States Code.
(4) INFORMATION SECURITY.—The term “information security” has the meaning given that term in section 3552 of title 44, United States Code.
(a) Authority.—Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended—
(1) by striking “$10,000,000” and inserting “$15,000,000”; and
(2) by striking “2023” and inserting “2025”.
(b) Notification.—Subsection (d)(2) of such section is amended—
(1) by redesignating subparagraph (E) as subparagraph (G);
(2) by inserting after subparagraph (D) the following:
“(E) A description of steps taken to ensure the support is consistent with other United States diplomatic and security interests, including issues related to local political dynamics, civil-military relations, and human rights.
“(F) A description of steps taken to ensure that the recipients of the support have not and will not engage in human rights violations or violations of the Geneva Conventions of 1949, including vetting, training, and support for adequately investigating allegations of violations and removing support in case of credible reports of violations.”; and
(3) in clause (i) of subparagraph (G), as redesignated, to read as follows:
“(i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).”.
(c) Construction of authority.—Subsection (f)(2) of such section is amended by striking “of section 5(b)”.
(d) Clarification.—Such section, as so amended, is further amended—
(1) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following:
“(g) Clarification.—The provision of support to foreign forces, irregular forces, groups, or individuals pursuant to subsection (a) constitutes support to a unit of a foreign security force for purposes of section 362 of title 10, United States Code.”.
(a) In general.—Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following:
Ҥ 2350o. Participation in European Program on Multilateral Exchange of Surface Transportation Services
“(a) Participation authorized.— (1) The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of the United States in the Surface Exchange of Services program (in this section referred to as the ‘SEOS program’) of the Movement Coordination Centre Europe.
“(2) Participation in the SEOS program under paragraph (1) may include—
“(A) the reciprocal exchange or transfer of surface transportation on a reimbursable basis or by replacement-in-kind; or
“(B) the exchange of surface transportation services of equal value.
“(b) Written arrangements or agreements.— (1) The participation of the United States in the SEOS program under subsection (a) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the Movement Coordination Centre Europe.
“(2) If facilities, equipment, or funds of the Department of Defense are used to support the SEOS program, the written arrangement or agreement entered into under paragraph (1) shall specify the details of any equitable cost sharing or other funding arrangement.
“(3) Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits and liabilities resulting from an unequal exchange or transfer of surface transportation services shall be liquidated, not less than once every five years, through the SEOS program.
“(c) Implementation.—In carrying out any arrangement or agreement entered into under subsection (b)(1), the Secretary of Defense may—
“(1) from funds available to the Department of Defense for operation and maintenance, pay the equitable share of the United States for the operating expenses of the Movement Coordination Centre Europe and the SEOS program; and
“(2) assign members of the armed forces or civilian personnel of the Department of Defense, from among members and personnel within billets authorized for the United States European Command, to duty at the Movement Coordination Centre Europe as necessary to fulfill the obligations of the United States under that arrangement or agreement.
“(d) Crediting of receipts.—Any amount received by the United States as part of the SEOS program shall be credited, at the option of the Secretary of Defense, to—
“(1) the appropriation, fund, or account used in incurring the obligation for which such amount is received; or
“(2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
“(e) Expiration.—The authority provided by this section to participate in the SEOS program shall expire five years after the date on which the Secretary of Defense first enters into a written arrangement or agreement under subsection (b). The Secretary shall publish notice of such date on a public website of the Department of Defense.
“(f) Limitation on statutory construction.—Nothing in this section may be construed to authorize the use of foreign sealift in violation of section 2631 of this title.”.
(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
“2350o. Participation in European program on multilateral exchange of surface transportation services.”.
Section 1276 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1699) is amended—
(A) in subparagraph(A), by adding at the end the following: “Such description may include, if applicable, a description of the priority United States security or defense cooperation interest with the recipient country that is fulfilled by the waiver.”; and
(B) by striking subparagraph (B) and inserting the following:
“(B) An explanation of why it is in the national interests of the United States to make the transfer notwithstanding the requirements of subsection (a)(1).”; and
(2) in subsection (c)(2), by striking “three” and inserting “five”.
(a) In general.—Subsection (a) of section 1275 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2540) is amended—
(1) by striking “an annual basis” and inserting “a biannual basis”; and
(2) by striking “the previous year” and inserting “the previous 6 months”.
(b) Elements.—Subsection (b) of such section is amended—
(1) in the matter preceding paragraph (1), by striking “the year” and inserting “the period”;
(2) in paragraph (1), by inserting “the number of maritime and overflight challenges to each such claim and” before “the country”;
(3) in paragraph (5), by inserting “have been protested by the United States but” before “have not been challenged”; and
(4) by adding at the end the following:
“(6) A summary of each excessive maritime claim challenged jointly with international partners and allies.”.
(c) Form.—Subsection (c) of such section is amended by adding at the end before the period the following: “and made publicly available”.
(d) Sunset.—Subsection (d) of such section is amended by striking “December 31, 2021” and inserting “December 31, 2025” .
(e) Conforming amendment.—The heading of such section is amended by striking “annual” and inserting “biannual”.
Section 1250(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2529) is amended by striking “through 2021” and inserting “through 2026”.
(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report identifying units of national security forces of foreign countries that—
(1) have participated in programs under the authority of section 333 of title 10, United States Code, during any of fiscal years 2017 through 2020; and
(2) are subject to United States sanctions relating to gross violations of internationally recognized human rights under any other provision of law, including as described in the annual Department of State’s Country Reports on Human Rights Practices.
(b) Matters To be included.—The report required by subsection (a) should include recommendations to improve human rights training and additional measures that can be adopted to prevent violations of human rights under any other provision of law.
(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Subsection (h) of section 1210A of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1628) is amended by striking “December 31, 2020” and inserting “December 31, 2021”.
(a) Extension.—Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended by striking “October 1, 2019, and ending on December 31, 2020” and inserting “October 1, 2020, and ending on December 31, 2021”.
(b) Modification to limitation.—Subsection (d)(1) of such section is amended—
(1) by striking “October 1, 2019, and ending on December 31, 2020” and inserting “October 1, 2020, and ending on December 31, 2021”; and
(2) by striking “$450,000,000” and inserting “$180,000,000”.
(a) In general.—Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(1) in the heading, by striking “2020” and inserting “2021”;
(2) in clause (i), by striking “December 31, 2021” and inserting “December 31, 2022”; and
(3) in clause (ii), the striking “December 31, 2021” inserting “December 31, 2022”.
(b) Report extension.—Section 602(b)(13) of such Act (8 U.S.C. 1101 note) is amended by striking “January 31, 2021” and inserting “January 31, 2023”.
(a) Sense of Congress.—It is the sense of Congress that—
(1) it is in the national security interests of the United States to deny terrorists safe haven in Afghanistan, protect the United States homeland, uphold the United States partnership with the Government of Afghanistan and cooperation with the Afghan National Defense and Security Forces, and protect the hard-fought rights of women, girls, and other vulnerable populations in Afghanistan;
(2) a rapid military drawdown and a lack of United States commitment to the security and stability of Afghanistan would undermine diplomatic efforts for peace;
(3) the current agreement between the United States and the Taliban is not a substitute for a final intra-Afghan agreement that provides for the appropriate protections for vulnerable populations, creates conditions for the rejection of violence and prevention of international terrorist safe havens, and represents a durable diplomatic solution, based on verifiable facts and conditions on the ground, that provides for long-term stability; and
(4) the Administration has a constitutional obligation to provide Congress with regular, timely, and comprehensive information on the status of security operations and diplomatic efforts in a form that can be transparently communicated to the American people.
(b) Limitation.—Until the date on which the Secretary of Defense, in concurrence with each covered official, submits the report described in subsection (c) to the appropriate congressional committees, none of the amounts authorized to be appropriated for fiscal year 2020 or 2021 for the Department of Defense may be obligated or expended for any activity having either of the following effects:
(1) Reducing the total number of Armed Forces deployed to Afghanistan below the lesser of—
(A) 8,000; or
(B) the total number of the Armed Forces deployed as of the date of the enactment of this Act.
(2) Reducing the total number of Armed Forces deployed to Afghanistan below 4,000.
(c) Report.—The report described in this subsection shall include each of the following:
(1) A certification that the intended withdrawal of the United States Armed Forces in Afghanistan—
(A) will not compromise or otherwise negatively affect the ongoing United States counterterrorism mission against the Islamic State, al-Qaeda, and associated forces;
(B) will not unduly increase the risk to United States personnel in Afghanistan;
(C) will not increase the risk for the expansion of existing or formation of new international terrorist safe havens inside Afghanistan;
(D) will be undertaken with the consultation and coordination of allies supporting the United States- and North Atlantic Treaty Organization-led missions; and
(E) is in the best interest of United States national security and in furtherance of United States policy toward Afghanistan for achieving an enduring diplomatic solution.
(2) An analysis of the impact that the intended withdrawal of United States Armed Forces from Afghanistan would have on each of the following:
(A) The threat posed by the Taliban and terrorist organizations, including by each covered terrorist organization, to—
(i) the United States homeland;
(ii) United States interests abroad;
(iii) allied countries of the North Atlantic Treaty Organization;
(iv) the Government of Afghanistan; and
(v) regional peace and security.
(B) The ability of the Afghan government to uphold the human and civil rights (including access to voting, education, justice, and economic opportunities) of women, girls, people with disabilities, religious and ethnic minorities, and other vulnerable populations in Afghanistan.
(C) Transparent, credible, and inclusive political processes in Afghanistan.
(D) The capacity of the Afghan National Defense and Security Forces to effectively—
(i) prevent or defend against attacks by the Taliban or by terrorist organizations (including by each covered terrorist organization) on civilian populations;
(ii) prevent the permanent takeover of one or more provincial capitals by the Taliban or by associated organizations;
(iii) conduct counterterrorism operations necessary to deny safe harbor to international terrorist organizations that the intelligence community assess pose a threat to the United States homeland and United States interests abroad; and
(iv) maintain institutional order and discipline.
(E) The influence of Afghanistan’s neighbors and near neighbors on the sovereignty of Afghanistan and the strategic national security interests of the United States in the region.
(F) Any other matter the Secretary of Defense, in concurrence with each covered official, determines appropriate.
(3) An assessment by the intelligence community of the manner and extent to which—
(A) state actors have provided any incentives to the Taliban, their affiliates, or other foreign terrorist organizations for attacks against United States, coalition, or Afghan security forces or civilians in Afghanistan in the last 2 years, including the details of any attacks believed to have been connected with such incentives;
(B) the Taliban has publicly renounced al-Qaeda;
(C) the Taliban has made any efforts to break with al-Qaeda since February 29, 2020, and a description of these efforts;
(D) any senior al-Qaeda leaders, including Ayman al-Zawahiri, or any leaders of al-Qaeda in the Indian Subcontinent, have been present in Afghanistan since February 29, 2020, and if so, the names of the leaders, the dates they were present in Afghanistan, and their other locations since February 29, 2020;
(E) any members of al-Qaeda, al-Qaeda in the Indian Subcontinent, al-Qaeda-affiliated groups, or any covered terrorist organization have, since February 29, 2020—
(i) fought alongside, trained alongside, otherwise operated alongside, or sheltered with the Taliban in Afghanistan;
(ii) conducted attacks inside Afghanistan, and, if so, the dates and locations of such attacks;
(iii) operated training camps or related facilities inside Afghanistan, and, if so, the locations of those camps or facilities;
(iv) traveled to Afghanistan from Pakistan, Iran, or neighboring countries;
(v) continued to have ties to any Taliban leaders or members located in Pakistan; or
(vi) continued to work with the Haqqani Network;
(F) any of the prisoners released by the Government of Afghanistan since February 29, 2020—
(i) are members of, or have ties to, any covered terrorist organizations or any other organization designated by the United States as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and, if so, the names of such former prisoners and the reasons for their detention inside Afghanistan; or
(ii) are suspected of taking part in attacks against American service members or civilians or attacks that caused American casualties and, if so, the names of the prisoners, the date and location of such attacks, and the number of American casualties attributed to such attacks;
(G) any of the prisoners the Taliban has requested for release, but who have not yet been released as of the date of the enactment of this Act, are members of, or have ties to, any covered terrorist organizations or any other organization designated by the United States as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and, if so, the names of the prisoners and the organizations to which they are affiliated; and
(H) senior Taliban leaders, including members of the Haqqani Network, who are located in Pakistan continue to exercise control over the insurgency in Afghanistan.
(4) The number of attacks that the Taliban has carried out in Afghanistan since February 29, 2020, including the location and date of each attack as well as casualties related to each attack.
(d) Form.—The report described in subsection (c) shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex that is accompanied by an unclassified summary of the annex.
(e) Waiver.—The Secretary of Defense may waive the limitation under subsection (b) if, in consultation with the Chairman of the Joint Chiefs of Staff and the Commander of United States Forces, Afghanistan, the Secretary—
(1) determines that the waiver is—
(A) necessary due to an imminent and extraordinary threat to members of the United States Armed Forces in the Afghanistan; or
(B) vital to the national security interests of the United States; and
(2) submits to the appropriate congressional committees a detailed, written justification for such waiver, not later than 10 days after the effective date of the waiver; and
(3) in the case of a determination described in paragraph (1)(A), includes in such justification each of the following:
(A) A detailed description of the change in threat assessment leading to the determination.
(B) An explanation for the reasons for which existing force protection mechanisms were not sufficient to reasonably ensure the safety of members of the Armed Forces.
(C) The steps that have been taken to ensure that United States equipment does not fall into enemy hands.
(D) A description of the coordination with allied countries of the North Atlantic Treaty Organization and with other allies and partners with respect to the withdrawal.
(E) A description of the coordination with the Department of State to ensure the safety of American citizens in Afghanistan in light of and subsequent to the withdrawal.
(f) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
(C) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) COVERED OFFICIAL.—The term “covered official” means—
(A) the Secretary of State;
(B) the Director of National Intelligence;
(C) the Director of the Central Intelligence Agency;
(D) the Chairman of the Joint Chiefs of Staff;
(E) the Commander of United States Central Command;
(F) the Commander of United States Forces, Afghanistan; and
(G) the United States Permanent Representative to the North Atlantic Treaty Organization.
(3) COVERED TERRORIST ORGANIZATION.—The term “covered terrorist organization” means any of the following:
(A) al-Qaeda and affiliates, including al-Qaeda in the Indian Subcontinent.
(B) The Islamic State and affiliates.
(C) Tehrik-e Taliban Pakistan.
(D) The Haqqani Network.
(E) Islamic Movement of Uzbekistan.
(F) Eastern Turkistan Islamic Movement.
(G) Ansralluh.
(H) Lashkar-e-Tayyiba (including under the alias Jamaat-ud-Dawa).
(I) Jaish-e-Mohammed.
(J) Harakat ul-Jihad-Islami.
(K) Harakat ul-Mujahidin.
(L) Jaysh al-Adl.
(M) Lashkar-i-Jhangvi.
(N) Mullah Nasir Group.
(O) Hafiz Gul Bahadar Group.
(P) Lashkar-i-Islam.
(Q) Islamic Jihad Union Group.
(R) Jamaat-ud-Dawa al Quran.
(S) Ansarul Islam.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, and as part of the materials relating to Operation Freedom Sentinel submitted to Congress by the Secretary of Defense in support of the budget of the President for the following 2 fiscal years, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on Operation Freedom Sentinel.
(b) Matters To be included.—The report required by subsection (a) shall include a list and description of activities, exercises, and funding amounts carried out under the operation, including—
(1) specific direct war costs;
(2) activities that occur in Afghanistan;
(3) activities that occur outside of Afghanistan, including training and costs relating to personnel;
(4) activities that provide funding to any of the services that is part of the operation’s budget request; and
(5) activities related to transportation, logistics, and other support.
(a) In general.—The Act of October 19, 1965, entitled “An Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes” (22 U.S.C. 2459; 79 Stat. 985) is amended—
(1) in the heading, by striking “temporary exhibition or display” and inserting “temporary storage, conservation, scientific research, exhibition, or display”;
(A) by striking “the temporary exhibition or display thereof” each place it appears and inserting “temporary storage, conservation, scientific research, exhibition, or display”; and
(B) by striking “cultural or educational” each place it appears and inserting “cultural, educational, or religious”; and
(3) by adding at the end the following:
“(d) For purposes of this section, the terms ‘imported’ and ‘importation’ include a transfer from a mission of a foreign country located within the United States to a cultural, educational, or religious institution located within the United States.”.
(1) IN GENERAL.—A work of art or other object of cultural significance that is imported into the United States for temporary storage, conservation, scientific research, exhibition, or display shall be deemed to be immune from seizure under such Act of October 19, 1965 (22 U.S.C. 2459) (as amended by subsection (a)), and the provisions of such Act shall apply in the same manner and to the same extent to such work or object, if—
(A) the work or object is exported from Afghanistan with an export permit or license duly issued by the Government of Afghanistan; and
(B) (i) an agreement is entered into between the Government of Afghanistan and the cultural, educational, or religious institution within the United States that specifies the conditions for such material to be returned to Afghanistan; or
(ii) the work or object is transferred to a cultural, educational, or religious institution in the United States in accordance with an agreement described in clause (i) that also includes an authorization to transfer such work or object to such an institution.
(a) In general.—The Secretary of State, in consultation with the Administrator of the United States Agency for International Development and other relevant Federal departments and agencies, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 120 days after a final Afghan Reconciliation Agreement is reached, a strategy for post-conflict engagement by the United States in Afghanistan to support the implementation of commitments for women and girls’ inclusion and empowerment in the Agreement, as well as to protect and promote basic human rights in Afghanistan, especially the human rights of women and girls.
(b) Required elements.—The Secretary of State shall seek to ensure that activities carried out under the strategy—
(1) employ rigorous monitoring and evaluation methodologies, including ex-post evaluation, and gender analysis as defined by the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428) and required by the U.S. Strategy on Women, Peace, and Security;
(2) disaggregate all data collected and reported by age, gender, marital and motherhood status, disability, and urbanity, to the extent practicable and appropriate; and
(3) advance the principles and objectives specified in the Policy Guidance on Promoting Gender Equality of the Department of State and the Gender Equality and Female Empowerment Policy of the United States Agency for International Development.
(a) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) GOVERNMENT OF AFGHANISTAN.—The term “Government of Afghanistan” means the Government of the Islamic Republic of Afghanistan and its agencies, instrumentalities, and controlled entities.
(3) THE TALIBAN.—The term “the Taliban”—
(A) refers to the organization that refers to itself as the “Islamic Emirate of Afghanistan”, that was founded by Mohammed Omar, and that is currently led by Mawlawi Hibatullah Akhundzada; and
(B) includes subordinate organizations, such as the Haqqani Network, and any successor organization.
(4) FEBRUARY 29 AGREEMENT.—The term “February 29 Agreement” refers to the political arrangement between the United States and the Taliban titled “Agreement for Bringing Peace to Afghanistan Between the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban and the United States of America” signed at Doha, Qatar February 29, 2020.
(b) Oversight of peace process and other agreements.—
(1) TRANSMISSION TO CONGRESS OF MATERIALS RELEVANT TO THE FEBRUARY 29 AGREEMENT.—The Secretary of State, in consultation with the Secretary of Defense, shall continue to submit to the appropriate congressional committees materials relevant to the February 29 Agreement.
(2) SUBMISSION TO CONGRESS OF ANY FUTURE DEALS INVOLVING THE TALIBAN.—The Secretary of State shall submit to the appropriate congressional committees, within 5 days of conclusion and on an ongoing basis thereafter, any future agreement or arrangement involving the Taliban in any manner, as well as materials relevant to any future agreement or arrangement involving the Taliban in any manner.
(3) DEFINITIONS.—In this subsection, the terms “materials relevant to the February 29 Agreement” and “materials relevant to any future agreement or arrangement” include all annexes, appendices, and instruments for implementation of the February 29 Agreement or a future agreement or arrangement, as well as any understandings or expectations related to the Agreement or a future agreement or arrangement.
(c) Report and briefing on verification and compliance.—
(A) REPORT.—Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 120 days thereafter, the President shall submit to the appropriate congressional committees a report verifying whether the key tenets of the February 29 Agreement, or future agreements, and accompanying implementing frameworks are being preserved and honored.
(B) BRIEFING.—At the time of each report submitted under subparagraph (A), the Secretary of State shall direct a Senate-confirmed Department of State official and other appropriate officials to brief the appropriate congressional committees on the contents of the report. The Director of National Intelligence shall also direct an appropriate official to participate in the briefing.
(2) ELEMENTS.—The report and briefing required under paragraph (1) shall include—
(i) of the Taliban’s compliance with counterterrorism guarantees, including guarantees to deny safe haven and freedom of movement to al-Qaeda and other terrorist threats from operating on territory under its influence; and
(ii) whether the United States intelligence community has collected any intelligence indicating the Taliban does not intend to uphold its commitments;
(B) an assessment of Taliban actions against terrorist threats to United States national security interests;
(C) an assessment of whether Taliban officials have made a complete, transparent, public, and verifiable breaking of all ties with al-Qaeda;
(D) an assessment of the current relationship between the Taliban and al-Qaeda, including any interactions between members of the two groups in Afghanistan, Pakistan, or other countries, and any change in Taliban conduct towards al-Qaeda since February 29, 2020;
(E) an assessment of the relationship between the Taliban and any other terrorist group that is assessed to threaten the security of the United States or its allies, including any change in conduct since February 29, 2020;
(F) an assessment of whether the Haqqani Network has broken ties with al-Qaeda, and whether the Haqqani Network’s leader Sirajuddin Haqqani remains part of the leadership structure of the Taliban;
(G) an assessment of threats emanating from Afghanistan against the United States homeland and United States partners, and a description of how the United States Government is responding to those threats;
(H) an assessment of intra-Afghan discussions, political reconciliation, and progress towards a political roadmap that seeks to serve all Afghans;
(I) an assessment of the viability of any intra-Afghan governing agreement;
(J) an assessment as to whether the terms of any reduction in violence or ceasefire are being met by all sides in the conflict;
(K) a detailed overview of any United States and NATO presence remaining in Afghanistan and any planned changes to such force posture;
(L) an assessment of the status of human rights, including the rights of women, minorities, and youth;
(M) an assessment of the access of women, minorities, and youth to education, justice, and economic opportunities in Afghanistan;
(N) an assessment of the status of the rule of law and governance structures at the central, provincial, and district levels of government;
(O) an assessment of the media and of the press and civil society’s operating space in Afghanistan;
(P) an assessment of illicit narcotics production in Afghanistan, its linkages to terrorism, corruption, and instability, and policies to counter illicit narcotics flows;
(Q) an assessment of corruption in Government of Afghanistan institutions at the district, provincial, and central levels of government;
(R) an assessment of the number of Taliban and Afghan prisoners and any plans for the release of such prisoners from either side;
(S) an assessment of any malign Iranian, Chinese, and Russian influence in Afghanistan;
(T) an assessment of how other regional actors, such as Pakistan, the countries of Central Asia, and India, are engaging with Afghanistan;
(U) a detailed overview of national-level efforts to promote transitional justice, including forensic efforts and documentation of war crimes, mass killings, or crimes against humanity, redress to victims, and reconciliation activities;
(V) A detailed overview of United States support for Government of Afghanistan and civil society efforts to promote peace and justice at the local level and how these efforts are informing government-level policies and negotiations;
(W) an assessment of the progress made by the Afghanistan Ministry of Interior and the Office of the Attorney General to address gross violations of human rights (GVHRs) by civilian security forces, Taliban, and non-government armed groups, including—
(i) a breakdown of resources provided by the Government of Afghanistan towards these efforts; and
(ii) a summary of assistance provided by the United States Government to support these efforts; and
(X) an overview of civilian casualties caused by the Taliban, non-government armed groups, and Afghan National Defense and Security Forces, including—
(i) an estimate of the number of destroyed or severely damaged civilian structures;
(ii) a description of steps taken by the Government of Afghanistan to minimize civilian casualties and other harm to civilians and civilian infrastructure;
(iii) an assessment of the Government of Afghanistan’s capacity and mechanisms for investigating reports of civilian casualties; and
(iv) an assessment of the Government of Afghanistan’s efforts to hold local militias accountable for civilian casualties.
(3) COUNTERTERRORISM STRATEGY.—In the event that the Taliban does not meet its counterterrorism obligations under the February 29 Agreement, the report and briefing required under this subsection shall include information detailing the United States’ counterterrorism strategy in Afghanistan and Pakistan.
(4) FORM.—The report required under subparagraph (A) of paragraph (1) shall be submitted in unclassified form, but may include a classified annex, and the briefing required under subparagraph (B) of such paragraph shall be conducted at the appropriate classification level.
(d) Rule of construction.—Nothing in this section shall prejudice whether a future deal involving the Taliban in any manner constitutes a treaty for purposes of Article II of the Constitution of the United States.
(e) Sunset.—Except for subsections (b) and (d), the provisions of this section shall cease to be effective on the date that is 5 years after the date of the enactment of this Act.
(a) In general.—Not later than 180 days after the date of enactment of this Act, and annually thereafter subject to subsection (c), the Secretary of Defense and Secretary of State shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on civilian casualties caused by the Afghan National Defense and Security Forces and Taliban. Such report shall adhere to the existing reporting framework as the “Enhancing Security and Stability in Afghanistan” semiannual report.
(b) Contents.—The report shall include the following:
(1) A description of the steps the Government of Afghanistan is taking to minimize civilian casualties and other harm to civilians and civilian infrastructure limited to health facilities, schools, and non-governmental organizations.
(2) An assessment of civilian casualties and other harm to civilians and civilian infrastructure limited to health facilities, schools, and non-governmental organizations caused by the Taliban.
(3) An assessment of the progress of implementation of the Government of Afghanistan’s national civilian casualty and mitigation policy.
(4) An assessment of the Government of Afghanistan’s capacity and mechanisms for assessing and investigating reports of civilian casualties, to include a description of the function and effectiveness of the Afghan Civilian Casualty Mitigation Team and an assessment of the availability of channels for civilians to report civilian harm.
(5) An assessment of the capacity of the Afghan National Defense and Security Forces and the Taliban to operate in effective compliance with the laws of armed conflict, to include its principles of proportion and distinction, and any gaps or weaknesses in need of addressing.
(6) An assessment of the Afghan National Defense and Security Forces’ capacity for planning and conducting operations in accordance with the laws of armed conflict and for employing practices designed specifically to limit harm to civilians and civilian infrastructure; any plans in place by the United States Government to enhance the capacity of the ANDSF to minimize harm to civilians in the conduct of its operations; and any anticipated changes in support and oversight by United States forces that may have an effect on said capabilities.
(7) A description of the Government of Afghanistan’s support for non-state localized and regional militias in Afghanistan, including—
(A) an assessment of whether the Government of Afghanistan has the necessary oversight mechanisms in place to effectively restrain adverse impacts on stability and hold local militias accountable; and
(B) a summary of the efforts by the Government of Afghanistan including the Ministry of Interior to integrate local and regionalized militias into the uniformed Afghan National Defense and Security Forces including efforts to support accountability and address human rights violations and abuses.
(8) Any other matters the Secretary of Defense determines are relevant.
(c) Sunset.—The reporting requirement under this section shall terminate on the date that is 3 years after the date of enactment of this Act.
(a) In general.—Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended by striking “December 31, 2020” and inserting “December 31, 2021”.
(b) Funding.—Subsection (g) of such section is amended—
(1) by striking “fiscal year 2020” and inserting “fiscal year 2021”; and
(2) by striking “$645,000,000” and inserting “$500,000,000”.
(c) Waiver authority; scope.—Subsection (j)(3) of such section is amended—
(1) by striking “congressional defense committees” each place it appears and inserting “appropriate congressional committees”; and
(2) by adding at the end the following:
“(C) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this paragraph, the term ‘appropriate congressional committees’ means—
“(i) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
“(ii) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.”.
(d) Annual report.—Such section is amended by adding at the end the following:
“(o) Annual report.—Not later than 90 days after the date of the enactment of this subsection, and annually thereafter for two years, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report that includes—
“(1) a detailed description of the weapons and equipment purchased using the Counter-ISIS Train and Equip Fund in the previous fiscal year; and
“(2) a detailed description of the incremental costs for operations and maintenance for Operation Inherent Resolve in the previous fiscal year.”.
(e) Budget display submission.—
(1) IN GENERAL.—The Secretary of Defense shall include in the budget materials submitted by the Secretary in support of the budget of the President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2022 and 2023 a detailed budget display for funds requested for the Department of Defense for such fiscal year for Operation Inherent Resolve.
(2) MATTERS TO BE INCLUDED.—The detailed budget display required under paragraph (1) shall include the following:
(A) With respect to procurement accounts—
(i) amounts displayed by account, budget activity, line number, line item, and line item title; and
(ii) a description of the requirements for each such amount.
(B) With respect to research, development, test, and evaluation accounts—
(i) amounts displayed by account, budget activity, line number, program element, and program element title; and
(ii) a description of the requirements for each such amount.
(C) With respect to operation and maintenance accounts—
(i) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(ii) a description of the specific manner in which each such amount would be used.
(D) With respect to military personnel accounts—
(i) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
(ii) a description of the requirements for each such amount.
(E) With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
(a) In general.—Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3451) is amended by striking “December 31, 2020” and inserting “December 31, 2021”.
(b) Notice before provision of assistance.—Subsection (b)(2)(A) of such section is amended by striking “fiscal year 2019 or fiscal year 2020” and inserting “fiscal year 2019, fiscal year 2020, or fiscal year 2021”.
(c) Certification.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate that no United States military forces are being used or have been used for the extraction, transport, transfer, or sale of oil from Syria.
Section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—
(1) in subsections (c) and (d), by striking “fiscal year 2020” each place it appears and inserting “each of fiscal years 2020 and 2021”; and
(2) in subsection (h), by striking “Of the amount made available for fiscal year 2020 to carry out section 1215 of the National Defense Authorization Act for Fiscal Year 2012, not more than $20,000,000” and inserting “Of the amounts made available for fiscal years 2020 and 2021 to carry out this section, not more than $20,000,000 for each such fiscal year”.
None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021 may be used to knowingly provide weapons or any other form of support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab, Islamic Revolutionary Guard Corps, or any individual or group affiliated with any such organization.
(a) Budget display submission.—
(1) IN GENERAL.—The Secretary of Defense shall include in the budget materials submitted by the Secretary in support of the budget of the President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2022 and 2023 a detailed budget display for funds requested for the Department of Defense for such fiscal year for Operation Spartan Shield and Iran deterrence-related programs and activities of the Department of Defense in the United States Central Command area of operation.
(2) MATTERS TO BE INCLUDED.—The detailed budget display required under paragraph (1) shall include the following:
(A) With respect to procurement accounts—
(i) amounts displayed by account, budget activity, line number, line item, and line item title; and
(ii) a description of the requirements for each such amount.
(B) With respect to research, development, test, and evaluation accounts—
(i) amounts displayed by account, budget activity, line number, program element, and program element title; and
(ii) a description of the requirements for each such amount.
(C) With respect to operation and maintenance accounts—
(i) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(ii) a description of the specific manner in which each such amount would be used.
(D) With respect to military personnel accounts—
(i) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
(ii) a description of the requirements for each such amount.
(E) With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter in conjunction with the submission of the budget of President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2022 and 2023, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on Operation Spartan Shield.
(2) MATTERS TO BE INCLUDED.—The report required by paragraph (1) should include—
(A) (i) for the first report, a history of the operation and its objectives; and
(ii) for each subsequent report, a description of the operation and its objectives during the prior year;
(B) a list and description of significant activities and exercises carried out under the operation during the prior year;
(C) a description of the purpose and goals of such activities and exercises and an assessment of the degree to which stated goals were achieved during the prior year;
(D) a description of criteria used to judge the effectiveness of joint exercises to build partner capacity under the operation during the prior year;
(E) an identification of incremental and estimated total costs of the operation during the prior year, including a separate identification of incremental costs of increased force presence in the United States Central Command area of responsibility to counter Iran since May 2019; and
(F) any other matters the Secretary determines appropriate.
(3) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
It is the sense of Congress that—
(1) the Peshmerga of the Kurdistan Region of Iraq have made, and continue to make, significant contributions to the security of Northern Iraq, by defending nearly 650 miles of critical terrain, to degrade, dismantle, and ultimately defeat the Islamic State of Iraq and Syria (ISIS) in Iraq as a partner in Operation Inherent Resolve;
(2) although ISIS has been severely degraded, their ideology and combatants still linger and pose a threat of resurgence if regional security is not sustained;
(3) a strong Peshmerga and Kurdistan Regional Government is critical to maintaining a stable and tolerant Iraq in which all faiths, sects, and ethnicities are afforded equal protection under the law and full integration into the Government and society of Iraq;
(4) continued security assistance, as appropriate, to the Ministry of Peshmerga Affairs of the Kurdistan Region of Iraq in support of counter-ISIS operations, in coordination with the Government of Iraq, is critical to United States national security interests; and
(5) continued United States support to the Peshmerga, coupled with security sector reform in the region, will enable them to more effectively partner with other elements of the Iraqi Security Forces, the United States, and other coalition members to consolidate gains, hold territory, and protect infrastructure from ISIS and its affiliates in an effort to deal a lasting defeat to ISIS and prevent its reemergence in Iraq.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the short- and long-term threats posed by Iranian-backed militias in Iraq to Iraq and to United States persons and interests.
(b) Elements.—The report required by subsection (a) shall include the following:
(1) A detailed description of acts of violence and intimidation that Iranian-backed militias in Iraq have committed against Iraqi civilians during the previous 2 years.
(2) A detailed description of the threat that Iranian-backed militias in Iraq pose to United States persons in Iraq and in the Middle East, including United States Armed Forces and diplomats.
(3) A detailed description of the threat Iranian-backed militias in Iraq pose to United States partners in the region.
(4) A detailed description of the role that Iranian-backed militias in Iraq play in Iraq’s armed forces and security services, including Iraq’s Popular Mobilization Forces.
(5) An assessment of whether and to what extent any Iranian-backed militia in Iraq, or member of such militia, had illicit access to United States-origin defense equipment provided to Iraq since 2014 and the response from the Government of Iraq to each incident.
(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex only if such annex is provided separately from the unclassified report.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee Foreign Relations of the Senate.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea.
(b) Waiver.—The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary of Defense—
(1) determines that to do so is in the national security interest of the United States; and
(2) submits a notification of the waiver, at the time the waiver is invoked, to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), is amended by striking “, 2019, or 2020” and inserting “2019, 2020, or 2021”.
(a) In general.—Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
(A) in paragraph (1), by striking “50 percent of the funds available for fiscal year 2020 pursuant to subsection (f)(5)” and inserting “50 percent of the funds available for fiscal year 2021 pursuant to subsection (f)(6)”;
(B) in paragraph (3), by striking “fiscal year 2020” and inserting “fiscal year 2021”; and
(C) in paragraph (5), by striking “Of the funds available for fiscal year 2020 pursuant to subsection (f)(5)” and inserting “Of the funds available for fiscal year 2021 pursuant to subsection (f)(6)”;
(2) in subsection (f), by adding at the end the following:
“(6) For fiscal year 2021, $250,000,000.”; and
(3) in subsection (h), by striking “December 31, 2022” and inserting “December 31, 2023”.
(b) Extension of reports on military assistance to Ukraine.—Section 1275(e) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3592) is amended by striking “January 31, 2021” and inserting “December 31, 2023”.
(1) IN GENERAL.—Upon withdrawal of the United States from the Open Skies Treaty pursuant to Article XV of the Treaty, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees—
(A) a notification that the United States has concluded agreements with other state parties to the Treaty that host United States military forces and assets to ensure that after such withdrawal the United States will be provided sufficient notice by such state parties of requests for observation flights over the territories of such state parties under the Treaty; or
(B) if the United States has not concluded the agreements described in subparagraph (A), a description of how the United States will consistently and reliably be provided with sufficient warning of observation flights described in subparagraph (A) by other means, including a description of assets and personnel and policy implications of using such other means.
(2) SUBMISSION OF AGREEMENTS.—Upon withdrawal of the United States from the Open Skies Treaty pursuant to Article XV of the Treaty, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees copies of the agreements described in paragraph (1)(A).
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security, shall jointly submit to the appropriate congressional committees a report on the effects of a potential withdrawal of the United States from the Open Skies Treaty.
(2) MATTERS TO BE INCLUDED.—The report required by paragraph (1) shall include the following:
(A) A description of how the United States will replace benefits of cooperation with United States allies under the Treaty.
(i) how the United States will obtain unclassified, publicly-releasable imagery it currently receives under the Treaty;
(ii) if national technical means are used as a replacement to obtain such imagery—
(I) how the requirements satisfied by collection under the Treaty will be prioritized within the National Intelligence Priorities Framework;
(II) a plan to mitigate any gaps in collection; and
(III) requirements and timelines for declassification of data for public release; and
(iii) if commercial imagery is used as a replacement to obtain such imagery—
(I) contractual actions and associated timelines needed to purchase such imagery;
(II) costs to purchase commercial imagery equivalent to that which is obtained under the Treaty; and
(III) estimates of costs to share that data with other state parties to the Treaty that are United States partners.
(C) A description of how the United States will replace intelligence information, other than imagery, obtained under the Treaty.
(D) A description of how the United States will ensure continued dialogue with Russia in a manner similar to formal communications as confidence-building measures to reinforce strategic stability required under the Treaty.
(E) All unedited responses to the questionnaire provided to United States allies by the United States in 2019 and all official statements provided to the United States by United States allies in 2019 or 2020 relating to United States withdrawal from the Treaty.
(F) An assessment of the impact of such withdrawal on—
(i) United States leadership in the North Atlantic Treaty Organization (NATO); and
(ii) cohesion and cooperation among NATO member states.
(G) A description of options to continue confidence-building measures under the Treaty with other state parties to the Treaty that are United States allies.
(H) An assessment of the Defense Intelligence Agency of the impact on national security of such withdrawal.
(I) An assessment of how the United States will influence decisions regarding certifications of new sensors, primarily synthetic aperture radar sensors, under the Treaty that could pose additional risk to deployed United States military forces and assets.
(3) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and
(C) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
(2) OBSERVATION FLIGHT.—The term “observation flight” has the meaning given such term in Article II of the Open Skies Treaty.
(3) OPEN SKIES TREATY; TREATY.—The term “Open Skies Treaty” or “Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.
It is the sense of Congress that the United States should—
(1) reaffirm support for an enduring strategic partnership between the United States and Ukraine;
(2) support Ukraine’s sovereignty and territorial integrity within its internationally-recognized borders and make clear it does not recognize the independence of Crimea or Eastern Ukraine currently occupied by Russia;
(3) continue support for multi-domain security assistance for Ukraine in the form of lethal and non-lethal measures to build resiliency, bolster deterrence against Russia, and promote stability in the region by—
(A) strengthening defensive capabilities and promoting readiness; and
(B) improving interoperability with NATO forces; and
(4) further enhance security cooperation and engagement with Ukraine and other Black Sea regional partners.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that contains the following:
(1) A list of foreign countries that have consented to host military forces of Russia, including a description of—
(A) any agreement between each country and Russia to host such forces;
(B) the number of Russian military forces that are present in each country;
(C) the location of Russian military forces that are present in each country;
(D) the types of Russian military force structures that are present in each country;
(E) the level and type of United States security assistance provided to each country; and
(F) any military exercises that Russian forces have undertaken with each country.
(2) A list of foreign countries with respect to which Russia has deployed military forces in violation of the territorial sovereignty of such countries, including a description of—
(A) the number of Russian military forces that are present in each country;
(B) the location of Russian military forces that are present in each country; and
(C) the types of Russian military force structures that are present in each country.
(b) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
It is the sense of Congress that—
(1) the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002—
(A) did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement;
(B) was made without asserting material breach of the Treaty by any other Treaty signatory; and
(C) was made over the objections of NATO allies and regional partners;
(2) confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and
(3) while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.
(a) Definitions.—In this section
(1) RULE OF LAW.—The term “rule of law” means the principle of governance in which all persons, institutions, and entities, whether public or private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards.
(2) FOREIGN STATE.—The term “foreign state” has the meaning given such term in section 1603 of title 28, United States Code.
(3) INTELLIGENCE COMMUNITY.—The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) PUBLIC CORRUPTION.—The term “public corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.
(5) FOREIGN ASSISTANCE.—The term “foreign assistance” means foreign assistance authorized under the Foreign Assistance Act of 1961.
(6) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.
(b) International standards.—It is the sense of Congress that the following international standards should be the foundation for foreign states to combat corruption, kleptocracy, and illicit finance:
(1) The United Nations Convention against Corruption.
(2) Recommendations of the Financial Action Task Force (FATF) comprising the International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation.
(3) The Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Bribery Convention), the 2009 Recommendation of the Council for Further Combating Bribery, the 2009 Recommendation on the Tax Deductibility of Bribes to Foreign Public Officials; and other related instruments.
(4) Legal instruments adopted by the Council of Europe and monitored by the Group of States against Corruption (GRECO), including the Criminal Law Convention on Corruption, the Civil Law Convention on Corruption, the Additional Protocol to the Criminal Law Convention on Corruption, the Twenty Guiding Principles against Corruption, the Recommendation on Codes of Conduct for Public Officials, and the Recommendation on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns.
(5) Organization for Security and Cooperation in Europe (OSCE) “Second Dimension” commitments on good governance, anti-corruption, anti-money laundering, and related issues.
(6) The Inter-American Convention Against Corruption under the Organization of American States.
(c) Statement of policy.—It is the policy of the United States to—
(1) leverage United States diplomatic engagement and foreign assistance to promote the rule of law;
(2) promote the international standards identified in section 4, as well as other relevant international standards and best practices as such standards and practices develop, and to seek the universal adoption and implementation of such standards and practices by foreign states;
(3) support foreign states in promoting good governance and combating public corruption;
(4) encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture, including the misuse of anonymous shell companies, free trade zones, and other legal structures, that are enabling illicit finance and authoritarian capital to penetrate their financial systems;
(5) help foreign partner countries to investigate and combat the use of corruption by authoritarian governments, particularly that of Vladimir Putin in Russia, as a tool of malign influence worldwide;
(6) make use of sanctions authorities, such as the Global Magnitsky Human Rights Accountability Act (enacted as subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note)), to identify and take action against corrupt foreign actors; and
(7) ensure coordination between the departments and agencies of the United States Government with jurisdiction over the advancement of good governance in foreign states.
(d) Anti-Corruption action fund.—
(1) IN GENERAL.—The Secretary of State shall establish in the Department of State a fund to be known as the “Anti-Corruption Action Fund” to aid foreign states to prevent and fight public corruption and develop rule of law-based governance structures, including accountable investigative, prosecutorial, and judicial bodies, and supplement existing foreign assistance and diplomacy with respect to such efforts.
(2) FUNDING.—There is authorized to be appropriated to the Fund an amount equal to five percent of each civil and criminal fine and penalty imposed pursuant to actions brought under the Foreign Corrupt Practices Act on or after the date of the enactment of this Act for each fiscal year. Amounts appropriated pursuant to this authorization shall be authorized to remain available until expended.
(3) SUPPORT.—The Anti-Corruption Action Fund may support governmental and nongovernmental parties in advancing the goals specified in paragraph (1) and shall be allocated in a manner complementary to existing United States foreign assistance, diplomacy, and the anti-corruption activities of other international donors.
(4) PREFERENCE.—In programing foreign assistance using the Anti-Corruption Action Fund, the Secretary of State shall give preference to projects that—
(A) assist countries that are undergoing historic opportunities for democratic transition, combating corruption, and the establishment of the rule of law;
(B) are important to United States national interests; and
(C) where United States foreign assistance could significantly increase the chance of a successful transition described in subparagraph (A).
(5) PUBLIC DIPLOMACY.—The Secretary of State shall publicize that funds provided to the Anti-Corruption Action Fund originate from actions brought under the Foreign Corrupt Practices Act so as to demonstrate that monies obtained under such Act are contributing to international anti-corruption work under this section, including by reducing the pressure that United States businesses face to pay bribes overseas, thereby contributing to greater United States competitiveness.
(1) IN GENERAL.—The Secretary of State shall have primary responsibility for managing a whole-of-government effort to improve coordination among United States Government departments and agencies, as well as with other donor organizations, that have a role in promoting good governance in foreign states and enhancing the ability of foreign states to combat public corruption.
(2) INTERAGENCY TASK FORCE.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish and convene an Interagency Task Force composed of—
(A) representatives appointed by the President from appropriate departments and agencies, including the Department of State, the United States Agency for International Development (USAID), the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Department of Commerce, the Millennium Challenge Corporation, and the intelligence community; and
(B) representatives from any other United States Government departments or agencies, as determined by the Secretary.
(3) ADDITIONAL MEETINGS.—The Interagency Task Force established in paragraph (2) shall meet not less than twice per year.
(4) DUTIES.—The Interagency Task Force established in paragraph (2) shall—
(A) evaluate, on a general basis, the effectiveness of existing foreign assistance programs, including programs funded by the Anti-Corruption Action Fund under section 6, that have an impact on promoting good governance in foreign states and enhancing the ability of foreign states to combat public corruption;
(B) assist the Secretary of State in managing the whole-of-government effort described in subsection (a);
(C) identify general areas in which such whole-of-government effort could be enhanced; and
(D) recommend specific programs for foreign states that may be used to enhance such whole-of-government effort.
(f) Designation of embassy anti-Corruption points of contact.—
(1) EMBASSY ANTI-CORRUPTION POINT OF CONTACT.—The chief of mission of each United States embassy shall designate an anti-corruption point of contact for each such embassy.
(2) DUTIES.—The designated anti-corruption points of contact under paragraph (1) shall—
(A) with guidance from the Interagency Task Force established under subsection (e), coordinate an interagency approach within United States embassies to combat public corruption in the foreign states in which such embassies are located that is tailored to the needs of such foreign states, including all relevant United States Government departments and agencies with a presence in such foreign states, such as the Department of State, USAID, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Millennium Challenge Corporation, and the intelligence community;
(B) make recommendations regarding the use of the Anti-Corruption Action Fund under section 6 and other foreign assistance related to anti-corruption efforts in their respective foreign states, aligning such assistance with United States diplomatic engagement; and
(C) ensure that anti-corruption activities carried out within their respective foreign states are included in regular reporting to the Secretary of State and the Interagency Task Force under subsection (e), including United States embassy strategic planning documents and foreign assistance-related reporting, as appropriate.
(3) TRAINING.—The Secretary of State shall develop and implement appropriate training for designated anti-corruption points of contact under this subsection.
(1) REPORT ON PROMOTING INTERNATIONAL STANDARDS IN COMBATING CORRUPTION, KLEPTOCRACY, AND ILLICIT FINANCE.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the USAID and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that—
(A) summarizes any progress made by foreign states to adopt and implement each of the international standards in combating corruption, kleptocracy, and illicit finance listed in subsection (b);
(B) details the efforts of the United States Government to promote such international standards;
(C) identifies priority countries for outreach regarding such international standards; and
(D) outlines a plan to encourage the adoption and implementation of such international standards, including specific steps to take with the priority countries identified in accordance with subparagraph (C).
(2) REPORT ON PROGRESS TOWARD IMPLEMENTATION.—Not later than 1 year after the date of the enactment of this Act and annually thereafter for 3 years, the Secretary of State, in consultation with the Administrator of the USAID, shall submit to the appropriate congressional committees a report summarizing progress in implementing this Act, including—
(A) a description of the bureaucratic structure of the offices within the Department and USAID that are engaged in activities to combat corruption, kleptocracy, and illicit finance, and how such offices coordinate with one another;
(B) information relating to the amount of funds deposited in the Anti-Corruption Action Fund established under section 6 and the obligation, expenditure, and impact of such funds;
(C) the activities of the Interagency Task Force established pursuant to subsection (e)(2);
(D) the designation of anti-corruption points of contact for foreign states pursuant to subsection (f)(1) and any training provided to such points of contact pursuant to subsection (f)(3); and
(E) additional resources or personnel needs to better achieve the goals of this Act to combat corruption, kleptocracy, and illicit finance overseas.
(3) ONLINE PLATFORM.—The Secretary of State, in conjunction with the Administrator of the USAID, shall consolidate existing reports and briefings with anti-corruption components into one online, public platform, that includes the following:
(A) The Annual Country Reports on Human Rights Practices.
(B) The Fiscal Transparency Report.
(C) The Investment Climate Statement reports.
(D) The International Narcotics Control Strategy Report.
(E) Any other relevant public reports.
(F) Links to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, such as the following:
(i) The International Finance Corporation’s Doing Business surveys.
(ii) The International Budget Partnership’s Open Budget Index.
(iii) Multilateral peer review anti-corruption compliance mechanisms, such as the Organisation for Economic Co-operation and Development’s Working Group on Bribery in International Business Transactions, the Follow-Up Mechanism for the Inter-American Convention against Corruption (MESICIC), and the United Nations Convention against Corruption, done at New York October 31, 2003, to further highlight expert international views on foreign state challenges and efforts.
(a) Report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the appropriate congressional committees a report on all threats to the United States Armed Forces and personnel of the United States from the Russian Federation and associated agents, entities, and proxies.
(b) Elements.—The report under subsection (a) shall include the following:
(1) An assessment of all threats to the United States Armed Forces and personnel of the United States from Russia and associated agents, entities, and proxies in all theaters where United States Armed Forces are engaged.
(2) A description of all actions taken to ensure force protection of both the United States Armed Forces and diplomats of the United States.
(3) A description of non-military actions taken to emphasize to Russia that the United States will not tolerate threats to the armed forces of the United States, the allies of the United States, and the diplomats and operations of the United States.
(c) Form.—The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:
(1) The Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) The Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(a) Limitation on use of funds To reduce the total number of members of the Armed Forces serving on active duty who are stationed in Germany.—None of the funds authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2021, to take any action to reduce the total number of members of the Armed Forces serving on active duty who are stationed in Germany below the levels present on June 10, 2020, until 180 days after the date on which the Secretary of Defense and the Chairman of the Joint Chiefs of Staff have separately submitted to the congressional defense committees the following:
(A) such a reduction is in the national security interest of the United States and will not significantly undermine the security of the United States or its allies in the region, including a justification explaining the analysis behind the certification; and
(B) the Secretary has appropriately consulted with United States allies and partners in Europe, including all members of the North Atlantic Treaty Organization (NATO), regarding such a reduction.
(2) A detailed analysis of the impact such a reduction would have on the security of United States allies and partners in Europe and on interoperability and joint activities with such allies and partners, including major military exercises.
(3) A detailed analysis of the impact such a reduction would have on the ability to deter Russian aggression and ensure the territorial integrity of United States allies and partners in Europe.
(4) A detailed analysis of the impact such a reduction would have on the ability to counter Russian malign activity.
(5) A detailed analysis of where the members of the Armed Forces will be moved and stationed as a consequence of such a reduction.
(6) A detailed plan for how such a reduction would be implemented.
(7) A detailed analysis of the cost implications of such a reduction, to include the cost associated with new facilities to be constructed at the location to which the members of the Armed Forces are to be moved and stationed.
(8) A detailed analysis of the impact such a reduction would have on United States service members and their families stationed in Europe.
(9) A detailed analysis of the impact such a reduction would have on Joint Force Planning.
(10) A detailed explanation of the impact such a reduction would have on implementation of the National Defense Strategy and a certification that the reduction would not negatively affect implementation of the National Defense Strategy.
(b) Limitation on use of funds To reduce the total number of members of the Armed Forces stationed in Europe.—None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2021, to reduce the total number of members of the Armed Forces serving on active duty who are stationed in Europe below the levels present on June 10, 2020, until 180 days after the date on which the Secretary of Defense and the Chairman of the Joint Chiefs of Staff have separately submitted to the congressional defense committees the following:
(A) such a reduction is in the national security interest of the United States and will not significantly undermine the security of the United States or its allies in the region, including a justification explaining the analysis behind the certification.
(B) the Secretary has appropriately consulted with United States allies and partners in Europe, including all members of NATO, regarding such a reduction.
(2) A detailed analysis of the impact such a reduction would have on the security of United States allies and partners in Europe and on interoperability and joint activities with such allies and partners, including major military exercises.
(3) A detailed analysis of the impact such a reduction would have on the ability to deter Russian aggression and ensure the territorial integrity of United States allies and partners in Europe.
(4) A detailed analysis of the impact such a reduction would have on the ability to counter Russian malign activity.
(5) A detailed analysis of where the forces will be moved and stationed as a consequence of such a reduction.
(6) A detailed plan for how such a reduction would be implemented.
(7) A detailed analysis of the cost implications of such a reduction, to include the cost associated with new facilities to be constructed at the location to which the members of the Armed Forces are to be moved and stationed.
(8) A detailed analysis of the impact such a reduction would have on service members and their families stationed in Europe.
(9) A detailed analysis of the impact such a reduction would have on Joint Force Planning.
(10) A detailed explanation of the impact such a reduction would have on implementation of the National Defense Strategy and a certification that the reduction would not negatively affect implementation of the National Defense Strategy.
(c) Limitation To divest military infrastructure in Europe.—
(1) IN GENERAL.—The Secretary of Defense may not take any action to divest any infrastructure or real property in Europe under the operational control of the Department of Defense unless, prior to taking such action, the Secretary certifies to the congressional defense committees that no military requirement for future use of the infrastructure or real property is foreseeable.
(2) SUNSET.—This subsection shall terminate on the date that is 5 years after the date of the enactment of this Act.
(a) Findings.—Congress finds the following:
(1) On April 4, 1949, the North Atlantic Treaty Organization (NATO) was founded on the principles of democracy, individual liberty, and the rule of law with the aim of promoting collective security through collective defense.
(2) NATO has been the most successful military alliance in history and, for over seven decades, an example of successful political cooperation.
(3) NATO’s commitment to collective defense is essential to deter security threat against its members.
(4) NATO strengthens the security of the United States by enabling United States forces to work by, with, and through a network of committed, interoperable allies.
(5) NATO solidarity sends a clear collective message to Russia that members of the alliance will not tolerate aggressive acts that threaten their security and sovereignty.
(6) In response to changing national security threats, NATO continues to adapt to take on new dynamics such as terrorism, hybrid warfare, the spread of weapons of mass destruction, and cyber attacks.
(b) Sense of Congress.—It is the sense of Congress that—
(1) the United States reaffirms its commitment to the North Atlantic Treaty Organization as the foundation of transatlantic security and defense , including Article V of the North Atlantic Treaty; and
(2) NATO plays a critical role in preserving peace and stability in the transatlantic region.
It is the sense of Congress that—
(1) the continued security of the Baltic states of Estonia, Latvia, and Lithuania is critical to achieving United States national security interests and defense objectives against the acute and formidable threat posed by Russia;
(2) the United States and the Baltic states are leaders in the mission of defending independence and democracy from aggression and in promoting stability and security within the North Atlantic Treaty Organization (NATO), with non-NATO partners, and with other international organizations such as the European Union;
(3) the Baltic states are model NATO allies in terms of burden sharing and capital investment in materiel critical to United States and allied security, investment of over 2 percent of their gross domestic product on defense expenditure, allocating over 20 percent of their defense budgets on capital modernization, matching security assistance from the United States, frequently deploying their forces around the world in support of allied and United States objectives, and sharing diplomatic, technical, military, and analytical expertise on defense and security matters;
(4) the United States should continue to strengthen bilateral and multilateral defense by, with, and through allied nations, particularly those which possess expertise and dexterity but do not enjoy the benefits of national economies of scale;
(5) the United States should pursue consistent efforts focused on defense and security assistance, coordination, and planning designed to ensure the continued security of the Baltic states and on deterring current and future challenges to the national sovereignty of United States allies and partners in the Baltic region; and
(6) such an initiative should include an innovative and comprehensive conflict deterrence strategy for the Baltic region encompassing the unique geography of the Baltic states, modern and diffuse threats to their land, sea, and air spaces, and necessary improvements to their defense posture, including command-and-control infrastructure, intelligence, surveillance, and reconnaissance capabilities, communications equipment and networks, and special forces.
(a) Findings.—Congress finds the following:
(1) The Baltic countries of Estonia, Latvia, and Lithuania are highly valued allies of the United States, and they have repeatedly demonstrated their commitment to advancing our mutual interests as well as those of the NATO Alliance.
(2) Operation Atlantic Resolve is a series of exercises and coordinating efforts demonstrating the United States’ commitment to its European partners and allies, including the Baltic countries of Estonia, Latvia, and Lithuania, with the shared goal of peace and stability in the region. Operation Atlantic Resolve strengthens communication and understanding, and is an important effort to deter Russian aggression in the region.
(3) Through Operation Atlantic Resolve, the European Deterrence Initiative undertakes exercises, training, and rotational presence necessary to reassure and integrate our allies, including the Baltic countries, into a common defense framework.
(4) All three Baltic countries contributed to the NATO-led International Security Assistance Force in Afghanistan, sending troops and operating with few caveats. The Baltic countries continue to commit resources and troops to the Resolute Support Mission in Afghanistan.
(b) Sense of Congress.—Congress—
(1) reaffirms its support for the principle of collective defense in Article 5 of the North Atlantic Treaty for our NATO allies, including Estonia, Latvia, and Lithuania;
(2) supports the sovereignty, independence, territorial integrity, and inviolability of Estonia, Latvia, and Lithuania as well as their internationally recognized borders, and expresses concerns over increasingly aggressive military maneuvering by the Russian Federation near their borders and airspace;
(3) expresses concern over and condemns subversive and destabilizing activities by the Russian Federation within the Baltic countries; and
(4) encourages the Administration to further enhance defense cooperation efforts with Estonia, Latvia, and Lithuania and supports the efforts of their Governments to provide for the defense of their people and sovereign territory.
(a) Findings.—Congress finds the following:
(1) Georgia is a valued friend of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including the deployment of Georgian forces as part of the former International Security Assistance Force (ISAF) and the current Resolute Support Mission led by the North Atlantic Treaty Organization (NATO) in Afghanistan and the Multi-National Force in Iraq.
(2) The European Deterrence Initiative builds the partnership capacity of Georgia so it can work more closely with the United States and NATO, as well as provide for its own defense.
(3) In addition to the European Deterrence Initiative, Georgia’s participation in the NATO initiative Partnership for Peace is paramount to interoperability with the United States and NATO, and establishing a more peaceful environment in the region.
(4) Despite the losses suffered, as a NATO partner, Georgia is committed to the Resolute Support Mission in Afghanistan with the fifth-largest contingent on the ground.
(b) Sense of Congress.—It is the sense of Congress that the United States should—
(1) reaffirm support for an enduring strategic partnership between the United States and Georgia;
(2) support Georgia’s sovereignty and territorial integrity within its internationally-recognized borders, and does not recognize the independence of the Abkhazia and South Ossetia regions currently occupied by the Russian Federation;
(3) continue support for multi-domain security assistance for Georgia in the form of lethal and non-lethal measures to build resiliency, bolster deterrence against Russian aggression, and promote stability in the region, by—
(A) strengthening defensive capabilities and promote readiness; and
(B) improving interoperability with NATO forces; and
(4) further enhance security cooperation and engagement with Georgia and other Black Sea regional partners.
(a) Findings.—Congress makes the following findings:
(1) The United States’ alliances and other critical defense partnerships are a cornerstone of Department of Defense (DOD) efforts to deter aggression from our adversaries, counter violent extremism, and preserve United States national security interests in the face of challenges to those interests by Russia, China and other actors.
(2) The North Atlantic Treaty Organization (NATO) is the most successful military alliance in history, having deterred war between major state powers for more than 70 years.
(3) Collective security and the responsibility of each member of the security of the other members as well as the alliance as a whole is a pillar of the NATO alliance.
(4) NATO members other than the United States collectively expend over $300,000,000,000 in defense investments annually and maintain military forces totaling an estimated 1,900,000 service members, bolstering the alliance’s collective capacity to counter shared threats.
(5) At the NATO Wales Summit in 2014, NATO members pledged to strive to increase their own defense spending to 2 percent of their respective gross domestic products and to spend at least 20 percent of their defense budgets on equipment by 2024 as part of their burden sharing commitments.
(6) Since 2014, there has been a steady increase in allied defense spending, with 22 member countries meeting defense spending targets in 2018 and having submitted plans to meet the targets by 2024.
(7) In addition to individual defense spending contributions, NATO allies and partners also contribute to NATO and United States operations around the world, including the Resolute Support Mission in Afghanistan and the Global Coalition to Defeat the Islamic State in Iraq and Syria (ISIS).
(8) South Korea hosts a baseline of 28,500 United States forces including the Eighth Army and Seventh Air Force.
(9) South Korea maintains Aegis Ballistic Missile Defense and Patriot Batteries that contribute to regional Ballistic Missile Defense, is a participant in the Enforcement Coordination Center, and is a significant contributor to United Nations peacekeeping operations.
(10) South Korea is an active consumer of United States Foreign Military Sales (FMS) with approximately $30,500,000,000 in active FMS cases and makes significant financial contributions to support forward deployed United States forces in South Korea, including contributions of $924,000,000 under the Special Measures Agreement in 2019 and over 90 percent of the cost of developing Camp Humphreys.
(11) Japan hosts 54,000 United States forces including the Seventh Fleet, the only forward-deployed United States aircraft carrier, and the United States Marine Corps’ III Marine Expeditionary Force.
(12) Japan maintains Aegis Ballistic Missile Defense and Patriot Batteries that contribute to regional Ballistic Missile Defense, conducts bilateral presence operations and mutual asset protection missions with United States forces, and is a capacity building contributor to United Nations peacekeeping operations.
(13) Japan is an active consumer of United States FMS with approximately $28,400,000,000 in active FMS cases and makes significant financial contributions to enable optimized United States military posture, including contributions of approximately $2,000,000,000 annually under the Special Measures Agreement, $187,000,000 annually under the Japan Facilities Improvement Program, $12,100,000,000 for the Futenma Replacement Facility, $4,800,000,000 for Marine Corps Air Station Iwakuni, and $3,100,000,000 for construction on Guam to support the movement of United States Marines from Okinawa.
(b) Sense of congress.—It is the sense of Congress that—
(1) the United States Government should focus on United States national security requirements for investment in forward presence, joint exercises, investments, and commitments that contribute to the security of the United States and collective security, and cease efforts that solely focus on the financial contributions of United States allies and partners when negotiating joint security arrangements;
(2) the United States must continue to strengthen its alliances and security partnerships with like-minded democracies around the world to deter aggression from authoritarian competitors and promote peace and respect for democratic values and human rights around the world;
(3) United States partners and allies should continue to increase their military capacity and enhance their ability to contribute to global peace and security;
(4) NATO allies should continue working toward their 2014 Wales Defense Investment Pledge commitments;
(5) the United States should work with the Governments of South Korea and Japan respectively to reach fair and equitable Special Measures Agreements that reflect the critical security relationships between both countries and the United States;
(6) the United States should maintain forward-deployed United States forces in order to better ensure United States national security and global stability;
(7) alliances and partnerships are the cornerstone of United States national security and critical to countering the threat posed by malign actors to the post-World War II liberal international order; and
(8) the United States and NATO allies should prioritize at each NATO Summit deterrence against Russian aggression.
(a) Findings.—Congress finds the following:
(1) The North Atlantic Treaty Organization (NATO) has been working with allies and partners to provide support to the civilian response to the Coronavirus Disease 2019 (commonly referred to as “COVID–19”) pandemic, including logistics and planning, field hospitals, and transport, while maintaining NATO’s operational readiness and continuing to carry out critical NATO missions.
(2) Since the beginning of the pandemic, NATO allies and partners have completed more than 350 airlift flights, supplying hundreds of tons of critical supplies globally, have built nearly 100 field hospitals and dedicated more than half a million troops to support the civilian response to the pandemic.
(3) NATO’s Euro-Atlantic Disaster Response Coordination Centre has been operating 24 hours, 7 days a week to coordinate requests for supplies and resources.
(4) The NATO Support and Procurement Agency’s Strategic Airlift Capability and Strategic Airlift International Solution programs have chartered flights to transport medical supplies between partners and allies.
(5) NATO established Rapid Air Mobility to speed up military air transport of medical supplies and resources to allies and partners experiencing a shortage of medical supplies and personal protective equipment.
(6) In June 2020, NATO Defense Ministers agreed to future steps to prepare for a potential second wave of the COVID–19 pandemic, including a new operation plan, establishing a stockpile of medical equipment and supplies, and a new fund to acquire medical supplies and services.
(b) Sense of Congress.—It is the sense of Congress that—
(1) NATO’s response to the COVID–19 pandemic is an excellent example of the democratic alliance’s capacity tackling overwhelming logistical challenges through close collaboration;
(2) the United States should remain committed to strengthening NATO’s operational response to the pandemic; and
(3) the United States should fulfill its commitments made at the 2020 NATO Defense Ministerial and continue to bolster the work of the Euro-Atlantic Disaster Response Coordination Centre, the NATO Support and Procurement Agency’s Strategic Airlift Capability and Strategic Airlift International Solution programs, and other efforts to utilize NATO’s capabilities to support the civilian pandemic response.
(a) In general.—Subsection (a)(1) of section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92; 22 U.S.C. 9526 note) is amended—
(1) in subparagraph (A), by inserting “or pipelaying activities” after “pipe-laying”; and
(i) by inserting “, or significantly facilitated the sale, lease, or provision of,” after “provided”; and
(ii) by striking “; or” and inserting a semicolon;
(B) in clause (ii), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
“(iii) provided significant underwriting services or insurance for those vessels; or
“(iv) provided significant services or facilities for technology upgrades or installation of welding equipment for, or retrofitting or tethering of, those vessels.”.
(b) Definitions.—Subsection (i) of such section is amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
“(5) PIPE-LAYING ACTIVITIES.—The term ‘pipe-laying activities’ means activities that facilitate pipe-laying, including site preparation, trenching, surveying, placing rocks, stringing, bending, welding, coating, lowering of pipe, and backfilling.”.
(c) Clarification.—The amendments made by subsection (a) shall take effect in accordance with (d) of section 7503 of the Protecting Europe’s Energy Security Act of 2019 (22 U.S.C. 9526 note).
(1) IN GENERAL.—As soon as practicable and not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a report on the matters required by subsection (a) of section 7503 of the Protecting Europe’s Energy Security Act of 2019 (22 U.S.C. 9526 note), as amended by this section, with respect to the period—
(A) beginning on the later of—
(i) the date of the enactment of this Act; or
(ii) the date of the most recent submission of a report required by such section 7503; and
(B) ending on the date on which the report required by this subparagraph is submitted.
(2) TREATMENT.—A report submitted pursuant to paragraph (1) shall be—
(A) submitted to the same committees as a report submitted under subsection (a) of such section 7503; and
(B) otherwise treated as a report submitted under such subsection (a) for purposes of all authorities granted by such section pursuant to such a report.
Title I of the Defense Production Act of 1950 (50 U.S.C. 5411 et seq.) is amended by adding at the end the following new section:
“SEC. 109. Coordination with the North Atlantic Treaty Organization and other allies.
“(a) Coordination required.—If the President determines to use or invoke an authority under this title in the context of the outbreak of a pandemic that affects other North Atlantic Treaty Organization (NATO) member countries or affects any country with which the United States has entered into a mutual defense treaty, the President, acting through the Secretary of Defense with the concurrence of the Secretary of State, and in consultation with the Secretary of Health and Human Services, shall—
“(1) coordinate with appropriate counterparts of NATO member countries or mutual defense treaty countries to assess any logistical challenges relating to demand or supply chain gaps with respect to the United States and such countries;
“(2) work to fill such gaps in order to ensure a necessary and appropriate level of scarce and critical material essential to the national defense for the United States and such countries; and
“(3) promote access to vaccines or other remedies through Federally funded medical research to respond to the declared pandemic.
“(b) Sense of Congress.—It is the sense of Congress that the United States should work with its NATO and other allies and partners to build permanent mechanisms to strengthen supply chains, fill supply chain gaps, and maintain commitments made at the June 2020 NATO Defense Ministerial.”.
(a) Sense of Congress.—It is the sense of Congress that—
(1) a stable, peaceful, and secure Indo-Pacific region is vital to United States economic and national security;
(2) revisionist states, rogue states, violent extremist organizations, and natural and manmade disasters are persistent challenges to regional stability and security;
(3) maintaining stability and upholding a rules-based order requires a holistic United States strategy that—
(A) synchronizes all elements of national power;
(B) is inclusive of United States allies and partner countries; and
(C) ensures a persistent, predictable United States presence to reinforce regional defense;
(4) enhancing regional defense requires robust efforts to increase capability, readiness, and responsiveness to deter and mitigate destabilizing activities;
(5) the Department of Defense should pursue an integrated program of activities to—
(A) reassure United States allies and partner countries in the Indo-Pacific region;
(B) appropriately prioritize activities and resources to implement the National Defense Strategy; and
(C) enhance the ability of Congress to provide oversight of and support to Department of Defense efforts;
(6) an integrated, coherent, and strategic program of activities in the Indo-Pacific region, similar to the European Deterrence Initiative (originally the European Reassurance Initiative), will enhance United States presence and positioning, allow for additional exercises, improve infrastructure and logistics, and build allied and partner capacity to deter aggression, strengthen ally and partner interoperability, and demonstrate United States commitment to Indo-Pacific countries;
(7) an integrated, coherent, and strategic program of activities in the Indo-Pacific region will also assist in resourcing budgetary priorities and enhancing transparency and oversight of programs and activities to better enable a coordinated and strategic plan for Department of Defense programs;
(8) not less than $3,578,360,000 of base funding should be allocated to fully support such program of activities in fiscal year 2021; and
(9) the Department of Defense should ensure adequate, consistent planning is conducted for future funding and build upon the activities identified in fiscal year 2021 in future budget requests, as appropriate.
(b) Indo-Pacific Reassurance Initiative.—The Secretary of Defense shall carry out a program of prioritized activities to reassure United States allies and partner countries in the Indo-Pacific region that shall be known as the “Indo-Pacific Reassurance Initiative” (in this section referred to as the “Initiative”).
(c) Objectives.—The objectives of the Initiative shall include reassuring United States allies and partner countries in the Indo-Pacific region by—
(1) optimizing the presence of United States Armed Forces in the region;
(2) strengthening and maintaining bilateral and multilateral military exercises and training with such countries;
(3) improving infrastructure in the region to enhance the responsiveness of United States Armed Forces;
(4) enhancing the prepositioning of equipment and materiel in the region; and
(5) building the defense and security capabilities, capacity, and cooperation of such countries.
(d) Plan relating to transparency for the Indo-Pacific Reassurance Initiative.—
(A) IN GENERAL.—Not later than February 1, 2022, and annually thereafter, the Secretary of Defense, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a future years plan on activities and resources of the Initiative.
(B) APPLICABILITY.—The plan shall apply to the Initiative with respect to the first fiscal year beginning after the date of submission of the plan and at least the 4 succeeding fiscal years.
(2) MATTERS TO BE INCLUDED.—The plan required under paragraph (1) shall include each of the following:
(A) A summary of progress made towards achieving the objectives of the Initiative.
(B) An assessment of resource requirements to achieve such objectives.
(C) An assessment of capabilities requirements to achieve such objectives.
(D) An assessment of logistics requirements, including force enablers, equipment, supplies, storage, and maintenance requirements, to achieve such objectives.
(E) An identification of the intended force structure and posture of the assigned and allocated forces within the area of responsibility of the United States Indo-Pacific Command for the last fiscal year of the plan and the manner in which such force structure and posture support such objectives.
(F) An identification and assessment of required infrastructure and military construction investments to achieve such objectives, including potential infrastructure investments proposed by host countries, new construction or modernization of existing sites that would be funded by the United States, and a master plan that includes the following:
(i) A list of specific locations, organized by country, in which the Commander of the United States Indo-Pacific Command anticipates requiring infrastructure investments to support an enduring or periodic military presence in the region.
(ii) A list of specific infrastructure investments required at each location identified under clause (i), to include the project title and estimated cost of each project.
(iii) A brief explanation for how each location identified under clause (i) and infrastructure investments identified under clause (ii) support a validated requirement or component of the overall strategy in the region.
(iv) A discussion of any gaps in the current infrastructure authorities that would preclude implementation of the infrastructure investments identified under clause (ii).
(v) A description of the type and size of military force elements that would maintain an enduring presence or operate periodically from each location identified under clause (i).
(vi) A summary of kinetic and non-kinetic vulnerabilities for current locations and each location identified in clause (i), to include—
(I) the level of risk associated with each vulnerability; and
(II) the proposed mitigations and projected costs to address each such vulnerability, to include—
(aa) hardening and other resilience measures;
(bb) active and passive counter-Intelligence, Surveillance, and Reconnaissance;
(cc) active and passive counter Positioning, Navigation, and Timing;
(dd) air and missile defense capabilities;
(ee) enhanced logistics and sea lines of communication security; and
(ff) other issues identified by the Commander of the United States Indo-Pacific Command.
(G) An assessment of logistics requirements, including force enablers, equipment, supplies, storage, fuel storage and distribution, and maintenance requirements, to achieve such objectives.
(H) An analysis of the challenges to the ability of the United States to deploy significant forces from the continental United States to the Indo-Pacific theater in the event of a major contingency, and a description of the plans of the Department of Defense, including military exercises, to address such challenges.
(I) An assessment and plan for security cooperation investments to enhance such objectives.
(J) A plan to resource United States force posture and capabilities, including—
(i) the infrastructure capacity of existing locations and their ability to accommodate additional United States forces in the Indo-Pacific region;
(ii) the potential new locations for additional United States Armed Forces in the Indo-Pacific region, including an assessment of infrastructure and military construction resources necessary to accommodate such forces;
(iii) a detailed timeline to achieve desired posture requirements;
(iv) a detailed assessment of the resources necessary to achieve the requirements of the plan, including specific cost estimates for each project under the Initiative to support optimized presence, exercises and training, enhanced prepositioning, improved infrastructure, and building partnership capacity; and
(v) a detailed timeline to achieve the force posture and capabilities, including force requirements.
(K) A detailed explanation of any significant modifications of the requirements or resources, as compared to plans previously submitted under paragraph (1).
(L) Any other matters the Secretary of Defense determines should be included.
(3) FORM.—The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(e) Budget submission information.—For fiscal year 2022 and each fiscal year thereafter, the Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code)—
(1) the amounts, by budget function and as a separate item, requested for the Department of Defense for such fiscal year for all programs and activities under the Initiative; and
(2) a detailed budget display for the Initiative, including—
(A) with respect to procurement accounts—
(i) amounts displayed by account, budget activity, line number, line item, and line item title; and
(ii) a description of the requirements for each such amounts;
(B) with respect to research, development, test, and evaluation accounts—
(i) amounts displayed by account, budget activity, line number, program element, and program element title; and
(ii) a description of the requirements for each such amount;
(C) with respect to operation and maintenance accounts—
(i) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(ii) a description of how such amounts will specifically be used;
(D) with respect to military personnel accounts—
(i) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
(ii) a description of the requirements for each such amount; and
(E) with respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
(f) End of fiscal year report.—Not later than November 20, 2022, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that contains—
(1) a detailed summary of funds obligated for the Initiative during the preceding fiscal year; and
(2) a detailed comparison of funds obligated for the Initiative during the preceding fiscal year to the amount of funds requested for the Initiative for such fiscal year in the materials submitted to Congress by the Secretary in support of the budget of the President for that fiscal year as required by subsection (e), including with respect to each of the accounts described in subparagraphs (A), (B), (C), (D), and (E) of subsection (e)(2) and the information required under each such subparagraph.
(g) Briefings required.—Not later than March 1, 2023, and annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status of all matters covered by the report required by section (f).
(h) Relationship to budget.—Nothing in this section shall be construed to affect section 1105(a) of title 31, United States Code.
(i) Conforming repeal.—Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1676) is repealed.
None of the funds authorized to be appropriated by this Act may be used to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea below 28,500 until 180 days after the date on which the Secretary of Defense certifies to the congressional defense committees the following:
(1) Such a reduction is in the national security interest of the United States and will not significantly undermine the security of United States allies in the region.
(2) Such a reduction is commensurate with a reduction in the threat posed to the United States and its allies in the region by the Democratic People’s Republic of Korea.
(3) Following such a reduction, the Republic of Korea would be capable of deterring a conflict on the Korean Peninsula.
(4) The Secretary has appropriately consulted with allies of the United States, including South Korea and Japan, regarding such a reduction.
(1) IN GENERAL.—The Secretary of Defense shall develop a plan to address the recommendations in the U.S. Government Accountability Office’s report entitled “Preparedness of U.S. Forces to Counter North Korean Chemical and Biological Weapons” (GAO–20–79C).
(2) ELEMENTS.—The plan required under paragraph (1) shall, with respect to each recommendation in the report described in paragraph (1) that the Secretary of Defense has implemented or intends to implement, include—
(A) a summary of actions that have been or will be taken to implement the recommendation; and
(B) a schedule, with specific milestones, for completing implementation of the recommendation.
(b) Submittal to Congress.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the plan required under subsection (a).
(c) Deadline for implementation.—
(1) IN GENERAL.—Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a).
(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.—
(A) DELAYED IMPLEMENTATION.—The Secretary of Defense may initiate implementation of a recommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.
(B) NONIMPLEMENTATION.—The Secretary of Defense may decide not to implement a recommendation in the report described in subsection (a)(1) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—
(i) a specific justification for the decision not to implement the recommendation; and
(ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.
(a) Determination of operations.—Not later than 1 year after the date of the enactment of this Act, and on an ongoing basis thereafter, the Secretary of Defense shall identify each entity the Secretary determines, based on the most recent information available, is—
(1) (A) directly or indirectly owned, controlled, or beneficially owned by, or in an official or unofficial capacity acting as an agent of or on behalf of, the People’s Liberation Army or any of its affiliates; or
(B) identified as a military-civil fusion contributor to the Chinese defense industrial base;
(2) engaged in providing commercial services, manufacturing, producing, or exporting; and
(3) operating directly or indirectly in the United States, including any of its territories and possessions.
(1) SUBMISSION.—Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate an updated list of each entity determined to be a Chinese military company pursuant to subsection (a), in classified and unclassified forms.
(2) PUBLICATION.—Concurrent with the submission of a list under paragraph (1), the Secretary shall publish the unclassified portion of such list in the Federal Register.
(c) Consultation.—The Secretary may consult with the head of any appropriate Federal department or agency in making the determinations required under subsection (a) and shall transmit a copy of each list submitted under subsection (b)(1) to the heads of each appropriate Federal department and agency.
(1) MILITARY-CIVIL FUSION CONTRIBUTOR.—In this section, the term “military-civil fusion contributor” includes—
(A) entities receiving assistance from the Government of China through science and technology efforts initiated under the Chinese military industrial planning apparatus;
(B) entities affiliated with the Chinese Ministry of Industry and Information Technology, including entities connected through Ministry schools, research partnerships, and state-aided science and technology projects;
(C) entities receiving assistance from the Government of China or operational direction or policy guidance from the State Administration for Science, Technology and Industry for National Defense;
(D) entities recognized and awarded with receipt of an innovation prize for science and technology by such State Administration;
(E) any other entity or subsidiary defined as a “defense enterprise” by the Chinese State Council; and
(F) entities residing in or affiliated with a military-civil fusion enterprise zone or receiving assistance from the Government of China through such enterprise zone.
(2) PEOPLE’S LIBERATION ARMY.—The term “People’s Liberation Army” means the land, naval, and air military services, the police, and the intelligence services of the Government of China, and any member of any such service or of such police.
(a) In general.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the defense industrial base of the People’s Republic of China.
(b) Elements of study.—The study required under subsection (a) shall assess the resiliency and capacity of China’s defense industrial base to support its objectives in competition and conflict, including with respect to the following:
(1) The manufacturing capacity and physical plant capacity of the defense industrial base, including its ability to modernize to meet future needs.
(2) Gaps in national-security-related domestic manufacturing capabilities, including non-existent, extinct, threatened, and single-point-of-failure capabilities.
(3) Supply chains with single points of failure or limited resiliency, especially suppliers at third-tier and lower.
(4) Energy consumption and vulnerabilities.
(5) Domestic education and manufacturing workforce skills.
(6) Exclusive or dominant supply of military and civilian materiel, raw materials, or other goods (or components thereof) essential to China’s national security by the United States or United States allies and partners.
(7) The ability to meet the likely repair and new construction demands of the People’s Liberation Army in the event of a protracted conflict.
(8) The availability of substitutes or alternative sources for goods identified pursuant to paragraph (6).
(9) Recommendations for legislative, regulatory, and policy changes and other actions by the President and the heads of Federal agencies as appropriate based upon a reasoned assessment that the benefits outweigh the costs (broadly defined to include any economic, strategic, and national security benefits or costs) over the short, medium, and long-term to erode, in the event of a conflict, the ability of China’s defense industrial base to support the national objectives of China.
(c) Submission to Department of Defense.—Not later than 210 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under subsection (a).
(d) Submission to Congress.—Not later than 240 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the report submitted to the Secretary under subsection (c), without change but with any comments of the Secretary with respect to the report.
(a) Findings.—Congress finds the following:
(1) Cyber-enabled industrial espionage and the large scale cybertheft of personal information by the People’s Republic of China (“PRC”) are severely detrimental to national security, economic vitality, and technological preeminence.
(2) Such attacks are generally situated within the context of state-sponsored gray zone campaigns and not generally ultimately attributable to sub-state actors.
(3) The United States response to such espionage has not included the imposition of sufficient costs on the PRC to deter or credibly respond to such attacks.
(b) Statement of policy.—It is the policy of the United States to deter and respond to industrial espionage and the theft of personal information conducted against the United States or United States persons by the PRC, PRC persons or entities, or persons or entities acting on behalf of the PRC.
(c) In general.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a whole-of-government strategy, in unclassified and classified forms as specified in paragraphs (1) through (4), to impose costs on the PRC or appropriate PRC persons or entities in order to deter industrial espionage and the large-scale theft of personal information conducted by the PRC, PRC persons or entities, or persons or entities acting on behalf of the PRC against the United States or United States persons, that includes the following:
(1) An unclassified discussion of United States interests in preventing such cyber attacks that includes a general discussion of the impact on the United States and its economy from such attacks.
(2) An unclassified general discussion of the contexts in which and the means by which the United States will seek to deter such cyber attacks, that seeks to demonstrate the credibility of United States resolve to defend its interests in cyberspace.
(3) A classified theory of deterrence with respect to the PRC that explains—
(A) the means or combination of means, including available non-cyber responses, anticipated to achieve deterrence and the justification for such assessment; and
(B) an escalation ladder that describes the circumstances and the timeframe under which the President plans to invoke the use of such means to be effective to deter such attacks or to invoke lesser means to provide a credible response.
(4) A classified description of the roles of the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Health and Human Services, and, as appropriate, the head of each element of the intelligence community (as such term is defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) in carrying out such strategy.
(d) Implementation plan.—Not later than 30 days after the date of the submission of the strategy required by subsection (c), each Federal official listed in subsection (c)(4) shall submit to the appropriate congressional committees a classified implementation plan to describe the manner in which the respective department or agency will carry out this strategy.
(e) Update.—Not later than 1 year after the date of the submission of the strategy required by subsection (c), and annually thereafter, the President shall submit to the appropriate congressional committees an unclassified assessment of the effectiveness of the strategy, an unclassified summary of the lessons learned from the past year on the effectiveness of deterrence (which may contain a classified annex), and an unclassified summary of planned changes to the strategy with a classified annex on changes to its theory of deterrence.
(f) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Energy and Commerce, the Committee on Homeland Security, and the Committee on Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Government Affairs, and the Committee on the Judiciary of the Senate.
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the military and defense implications of China’s One Belt, One Road Initiative in Africa and a strategy to address impacts on United States military and defense interests in Africa.
(b) Matters To be included.—The report required by subsection (a) shall include the following:
(1) An assessment of Chinese dual-use investments in Africa, including a description of which investments that are of greatest concern to United States military or defense interests.
(2) A description of such investments that are associated with People’s Liberation Army cooperation with African countries.
(3) An assessment of the potential military, intelligence, and logistical threats facing United States’ key regional military infrastructure, supply chains, and staging grounds due to such investments.
(4) An identification of Department of Defense measures taken to mitigate the risk posed to United States forces and defense interests by such investments.
(5) A strategy to address ongoing military and defense implications posed by the expansion of such investments.
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on Foreign Relations, and Select Committee on Intelligence of the Senate.
(2) CHINESE DUAL-USE INVESTMENTS IN AFRICA.—The term “Chinese dual-use investments in Africa” means investments made by the Government of the People’s Republic of China, the Chinese Communist Party, or companies owned or controlled by such Government or Party in the infrastructure of African countries or related projects for both commercial and military or proliferation purposes.
(d) Form.—The report required by subsection (a) shall—
(1) be submitted in unclassified form but may contain a classified annex; and
(2) be made available to the public on the website of the Department of Defense.
It is the sense of Congress that—
(1) Taiwan is a vital partner of the United States and is critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;
(3) the United States should continue to strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability;
(4) consistent with the Taiwan Relations Act, the United States should strongly support the acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on anti-ship, coastal defense, anti-armor, air defense, defensive naval mining, and resilient command and control capabilities that support the asymmetric defense strategy of Taiwan;
(5) the President and Congress should determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, as required by the Taiwan Relations Act and in accordance with procedures established by law;
(6) the United States should continue efforts to improve the predictability of United States arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and services;
(7) the Secretary of Defense should promote policies concerning exchanges that enhance the security of Taiwan, including—
(A) opportunities with Taiwan for practical training and military exercises that—
(i) enable Taiwan to maintain a sufficient self-defense capability, as described in section 3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with the asymmetric defense strategy of Taiwan;
(B) exchanges between senior defense officials and general officers of the United States and Taiwan, consistent with the Taiwan Travel Act (Public Law 115–135), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of United States and Taiwan forces; and
(C) opportunities for exchanges between junior officers and senior enlisted personnel of the United States and Taiwan;
(8) the Secretary of Defense should consider expanded air and naval engagements and training with Taiwan to enhance regional security;
(9) the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief including conducting port calls in Taiwan with the United States Naval Ship Comfort and United States Naval Ship Mercy;
(10) the Secretary of Defense should consider options, including exercising ship visits and port calls, as appropriate, to expand the scale and scope of humanitarian assistance and disaster response cooperation with Taiwan and other regional partners so as to improve disaster response planning and preparedness;
(11) the Secretary of Defense should continue regular transits of United States Navy vessels through the Taiwan Strait and encourage allies and partners to follow suit in conducting such transits to demonstrate the commitment of the United States and its allies and partners to fly, sail, and operate anywhere international law allows;
(12) the violation of international law by the Government of China with respect to the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing December 19, 1984, is gravely concerning and erodes international confidence in China’s willingness to honor its international commitments, including not to change the status quo with respect to Taiwan by force;
(13) the increasingly coercive and aggressive behavior of China towards Taiwan, including growing military maneuvers targeting Taiwan, is contrary to the expectation of the peaceful resolution of the future of Taiwan; and
(14) the United States and Taiwan should expand consultation and cooperation on combating the Coronavirus Disease 2019 (“COVID–19”) and seek to share the best practices and cooperate on a range of activities under this partnership.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the head of each appropriate Federal department and agency, shall submit to the congressional defense committees a report on the following:
(1) The feasibility of establishing a high-level, interagency United States-Taiwan working group for coordinating cooperation related to supply chain security.
(2) A discussion of the Department of Defense’s current and future plans to engage with Taiwan with respect to activities ensuring supply chain security.
(3) A discussion of obstacles encountered in forming, executing, or implementing agreements with Taiwan for conducting activities to ensure supply chain security.
(4) Any other matters the Secretary of Defense determines should be included.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Health and Human Services, shall submit to the congressional defense committees a report on the following:
(1) The goals, objectives, and feasibility of developing a United States-Taiwan medical security partnership on issues related to pandemic preparedness and control.
(2) A discussion of current and future plans to engage with Taiwan in medical security activities.
(3) An evaluation of cooperation on a range of activities under the partnership to include—
(A) research and production of vaccines and medicines;
(B) joint conferences with scientists and experts;
(C) collaboration relating to and exchanges of medical supplies and equipment; and
(D) the use of hospital ships such as the United States Naval Ship Comfort and United States Naval Ship Mercy.
(4) Any other matters the Secretary of Defense determines appropriate.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the following:
(1) The extent to which the United Front Work Department of the People’s Republic of China poses a threat to the national defense and national security of the United States.
(2) An evaluation of which actions, if any, the United States should take in response to the threat and activities of the United Front Work Department as described in paragraph (1).
(3) Any other matters the Secretary of Defense determines should be included.
(a) Findings.—Congress makes the following findings:
(1) Since a truce in 1962 ended skirmishes between the People’s Republic of China and India, the countries have been divided by a 2,100-mile-long Line of Actual Control.
(2) In the decades since the truce, military standoffs between the People’s Republic of China and India have flared; however, the standoffs have rarely claimed the lives of soldiers.
(3) In the months leading up to June, 15, 2020, along the Line of Actual Control, the People’s Republic of China’s military—
(A) reportedly amassed 5,000 soldiers; and
(B) is trying to redraw long-standing settled boundaries through the use of force and aggression.
(4) On June 6, 2020, the People’s Republic of China and India reached an agreement of de-escalate and disengage along the Line of Actual Control.
(5) On June 15, 2020, at least 20 Indian soldiers and an unconfirmed number of Chinese soldiers were killed in skirmishes following a weekslong standoff in Eastern Ladakh, which is the de facto border between India and the People’s Republic of China.
(b) Sense of Congress.—It is the sense of Congress that—
(1) there is significant concern about the continued military aggression by the Government of the People’s Republic of China along its border with India and in other parts of the world, including with Bhutan, in the South China Sea, and with the Senkaku Islands, as well as the Government of the People’s Republic of China’s aggressive posture toward Hong Kong and Taiwan; and
(2) the Government of the People’s Republic of China should work toward de-escalating the situation along the Line of Actual Control with India through existing diplomatic mechanisms and not through force.
It is the sense of Congress that—
(1) the United States affirms the strategic importance of the United States commitments to allies such as the Republic of Korea and Japan;
(2) the United States remains committed to the mutually-beneficial relationships with the Republic of Korea and Japan and welcomes the strong leadership of those countries in the Indo-Pacific region; and
(3) as the United States seeks to strengthen longstanding military relationships and encourage the development of a strong defense network with allies and partners, the United States reaffirms the United States commitments to maintaining the presence of the United States Armed Forces in the Republic of Korea and Japan.
(a) Statement of policy.—It is the policy of the United States to protect the basic human rights of Uighurs and other ethnic minorities in the People’s Republic of China.
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, and as appropriate thereafter, the President—
(A) shall identify those items that provide a critical capability to the Government of the People’s Republic of China, or any person acting on behalf of such Government, to suppress individual privacy, freedom of movement, and other basic human rights, specifically through—
(i) surveillance, interception, and restriction of communications;
(ii) monitoring of individual location or movement or restricting individual movement;
(iii) monitoring or restricting access to and use of the internet;
(iv) monitoring or restricting use of social media;
(v) identification of individuals through facial recognition, voice recognition, or biometric indicators;
(vi) detention of individuals who are exercising basic human rights; and
(vii) forced labor in manufacturing; and
(B) shall, pursuant to the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), include items identified pursuant to subparagraph (A) on the Commerce Control List in a category separate from other items, as appropriate, on the Commerce Control List.
(2) SUPPORT AND COOPERATION.—Upon request, the head of a Federal agency shall provide full support and cooperation to the President in carrying out this subsection.
(3) CONSULTATION.—In carrying out this subsection, the President shall consult with the relevant technical advisory committees of the Department of Commerce to ensure that the composition of items identified under paragraph (1)(A) and included on the Commerce Control List under paragraph (1)(B) does not unnecessarily restrict commerce between the United States and the People’s Republic of China, consistent with the purposes of this section.
(c) Special license or other authorization.—
(1) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act, the President shall, pursuant to the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), require a license or other authorization for the export, reexport, or in-country transfer to or within the People’s Republic of China of an item identified pursuant to subsection (b)(1)(A) and included on the Commerce Control List pursuant to subsection (b)(1)(B).
(2) PRESUMPTION OF DENIAL.—An application for a license or other authorization described in paragraph (1) shall be subject to a presumption of denial.
(3) PUBLIC NOTICE AND COMMENT.—The President shall provide for notice and public comment with respect actions necessary to carry out this subsection.
(d) International coordination and multilateral controls.—It shall be the policy of the United States to seek to harmonize United States export control regulations with international export control regimes with respect to the items identified pursuant to subsection (b)(1)(A), including through the Wassenaar Arrangement and other bilateral and multilateral mechanisms involving countries that export such items.
(e) Termination of suspension of certain other programs and activities.—Section 902(b)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 22 U.S.C. 2151 note) is amended—
(1) in the matter preceding subparagraph (A), by inserting “and China’s Xinjiang Uighur Autonomous Region” after “Tibet”;
(2) in subparagraph (D), by striking “and” at the end;
(3) in subparagraph (E), by striking “or” after the semicolon and inserting “and”; and
(4) by adding the following new subparagraph:
“(F) the ending of the mass internment of ethnic Uighurs and other Turkic Muslims in the Xinjiang Uighur Autonomous Region, including the intrusive system of high-tech surveillance and policing in the region; or”.
(f) Definitions.—In this section:
(1) COMMERCE CONTROL LIST.—The term “Commerce Control List” means the list set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.
(2) EXPORT, IN-COUNTRY TRANSFER, ITEM, AND REEXPORT.—The terms “export”, “in-country transfer”, “item”, and “reexport” have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(a) In general.—Except as provided in subsection (b), the President shall prohibit the issuance of licenses to export covered defense articles and services and covered munitions items to the Hong Kong Police.
(b) Waiver.—The prohibition under subsection (a) shall not apply to the issuance of a license with respect to which the President submits to the appropriate congressional committees a written certification that the exports to be covered by such license are important to the national interests and foreign policy goals of the United States, including a description of the manner in which such exports will promote such interests and goals.
(c) Termination.—The prohibition under subsection (a) shall terminate on the date on which the President certifies to the appropriate congressional committees that—
(1) the Hong Kong Police have not engaged in gross violations of human rights during the 1-year period ending on the date of such certification; and
(2) there has been an independent examination of human rights concerns related to the crowd control tactics of the Hong Kong Police and the Government of the Hong Kong Special Administrative Region has adequately addressed those concerns.
(d) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs of the House of Representatives;
(B) the Committee on Foreign Relations of the Senate; and
(C) the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) COVERED DEFENSE ARTICLES AND SERVICES.—The term “covered defense articles and services” means defense articles and defense services designated by the President under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(3) COVERED MUNITIONS ITEMS.—The term “covered munitions items” means—
(A) items controlled under section 742.7 of part 742 of subtitle B of title 15, Code of Federal Regulations (relating to crime control and detection instruments and equipment and related technology and software); and
(B) items listed under the “600 series” of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations.
(4) HONG KONG.—The term “Hong Kong” has the meaning given such term in section 3 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5702).
(5) HONG KONG POLICE.—The term “Hong Kong Police” means—
(A) the Hong Kong Police Force; and
(B) the Hong Kong Auxiliary Police Force.
(a) Findings.—Congress finds the following:
(1) Southeast Asia is the fulcrum of the Indo-Pacific region, providing both a geographic and maritime link between East and South Asia.
(2) The Association of Southeast Asian Nations (ASEAN), a regional intergovernmental organization, remains central to the Indo-Pacific region’s institutional architecture and to United States foreign policy toward the region.
(3) The United States has reaffirmed that the security and sovereignty of its Southeast Asian allies and partners, including a strong, independent ASEAN, remain vital to the security, prosperity, and stability of the Indo-Pacific region.
(4) The United States has committed to continuing to deepen longstanding alliances and partnerships with a range of Southeast Asian nations, including by promoting our shared values, democracy, human rights, and civil society.
(5) Since the end of the Second World War, United States investments in strengthening alliances and partnerships with Southeast Asian nations have yielded tremendous returns for United States interests, as working with and through these alliances and partnerships have increased the region’s capacity and capability to address common challenges.
(6) ASEAN member states are critical United States security partners in preventing violent extremism and protecting the freedom and openness of the maritime domain and in preventing the trafficking of weapons of mass destruction.
(7) ASEAN member states have contributed significantly to regional disaster monitoring and management and emergency response through initiatives such as the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management, an inter-governmental organization that facilitates coordination and cooperation among ASEAN member states and international organizations in times of emergency.
(8) According to the 2018 ASEAN Business Outlook Survey, ASEAN member states are vital to the prosperity of the United States economy and exports to ASEAN economies support more than 500,000 jobs in the United States.
(9) The United States and ASEAN have recently celebrated the 40th anniversary of their ties and established a new strategic partnership that will enhance cooperation across the economic, political-security, and people-to-people pillars of the relationship.
(b) Statement of policy.—It is the policy of the United States to—
(1) deepen cooperation with ASEAN and ASEAN member states in the interest of promoting peace, security, and stability in the Indo-Pacific region;
(2) affirm the importance of ASEAN centrality and ASEAN-led mechanisms in the evolving institutional architecture of the Indo-Pacific region; and
(3) establish and communicate a comprehensive strategy toward the Indo-Pacific region that articulates—
(A) the role and importance of Southeast Asia to the United States;
(B) the value of the United States-ASEAN relationship;
(C) the mutual interests of all parties;
(D) the concrete and material benefits all nations derive from strong United States engagement and leadership in Southeast Asia; and
(E) efforts to forge and maintain ASEAN consensus, especially on key issues of political and security concern to the region, such as the South China Sea.
(c) Strategy for engagement with Southeast Asia and ASEAN.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and ASEAN.
(2) MATTERS TO BE INCLUDED.—The strategy required by paragraph (1) shall include the following:
(A) A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN.
(B) A description of efforts to—
(i) deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and
(ii) encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN.
(C) A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy and efforts to combat climate change, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and economic and political diplomacy in Southeast Asia.
(D) A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas.
(E) A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, and to protect the integrity of elections from outside influence.
(F) A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including—
(i) maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and
(ii) efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Congress—
(1) recognizes the security relationship between the United States and Mongolia and remains committed to advancing the comprehensive partnership in the future;
(2) urges the United States Government and the Government of Mongolia to deepen military cooperation through joint defense exercises and hosting military officers for training in the United States;
(3) encourages the Government of Mongolia to continue its contributions to multinational peacekeeping operations, including the North Atlantic Treaty Organization (NATO) and the United Nations;
(4) commends the Mongolian Armed Forces continued contributions to NATOʼs Resolute Support Mission in Afghanistan to help train Afghan Security Forces and provide security at Kabul International Airport, and continued enforcement of United Nations Security Council sanctions in response to North Korea’s illicit nuclear and ballistic missile programs; and
(5) applauds the continued engagement of Mongolia in the Organization for Security and Co-operation in Europe, the Community of Democracies, congressional-parliamentary partnerships, and other institutions that promote democratic values, which reinforces the commitment of the people and the Government of Mongolia to those values and standards.
(a) Authority for provision of goods and services.—Chapter 767 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 7596. Provision of goods and services to Kwajalein Atoll
“(1) IN GENERAL.—The Secretary of the Army may, subject to the concurrence of the Secretary of State as provided in paragraph (2), use any amounts appropriated to the Department of the Army to provide goods and services, including inter-atoll transportation, to the Government of the Republic of the Marshall Islands and to other eligible patrons at Kwajalein Atoll, under regulations and at rates to be prescribed by the Secretary of the Army in accordance with this section.
“(2) EFFECT ON COMPACT.—The Secretary of State may not concur to the provision of goods and services under paragraph (1) if the Secretary determines that such provision would be inconsistent with the Compact of Free Association between the Government of the United States of America and the Government of the Republic of the Marshall Islands (as set forth in title II of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 et seq.)) or with any subsidiary agreement or implementing arrangement with respect to such Compact.
“(1) AUTHORITY TO COLLECT REIMBURSEMENT.—The Secretary of the Army may collect reimbursement from the Government of the Republic of the Marshall Islands or eligible patrons for the provision of goods and services under this section in an amount that does not exceed the costs to the United States of providing such goods or services.
“(2) MAXIMUM REIMBURSEMENT.—The total amount collected in a fiscal year pursuant to the authority under paragraph (1) may not exceed $7,000,000.”.
(b) Clerical amendments.—The table of contents for chapter 767 of title 10, United States Code, is amended by adding at the end the following new item:
“Sec. 7595. Provision of goods and services to Kwajalein Atoll.”.
(a) In general.—Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 130l. Annual briefings on certain foreign military bases of adversaries
“(a) Requirement.—Not later than February 15 of each year, the Chairman of the Joint Chiefs of Staff and the Secretary of Defense, acting through the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a briefing on—
“(1) covered foreign military bases and the related capabilities of that foreign military; and
“(2) the effects of such bases and capabilities on—
“(A) the military installations of the United States located outside the United States; and
“(B) current and future deployments and operations of the armed forces of the United States.
“(b) Elements.—Each briefing under subsection (a) shall include the following:
“(1) An assessment of covered foreign military bases, including such bases established by China, Russia, and Iran, and any updates to such assessment provided in a previous briefing under such subsection.
“(2) Information regarding known plans for any future covered foreign military base.
“(3) An assessment of the capabilities, including those pertaining to anti-access and area denial, provided by covered foreign military bases to that foreign military, including an assessment of how such capabilities could be used against the armed forces of the United States in the country and the geographic combatant command in which such base is located.
“(4) A description of known ongoing activities and capabilities at covered foreign military bases, and how such activities and capabilities advance the foreign policy and national security priorities of the relevant foreign countries.
“(5) The extent to which covered foreign military bases could be used to counter the defense priorities of the United States.
“(c) Form.—Each briefing under subsection (a) shall be provided in classified form.
“(d) Covered foreign military base defined.—In this section, the term ‘covered foreign military base’ means, with respect to a foreign country that is an adversary of the United States, a military base of that country located in a different country.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“130l. Annual briefings on certain foreign military bases of adversaries.”.
(a) Definitions.—In this section:
(1) COVERED DEFENSE PARTNER.—The term “covered defense partner” means a partner identified in the “Department of Defense Indo-Pacific Strategy Report” issued on June 1, 2019, located within 100 miles off the coast of a strategic competitor.
(2) FAIT ACCOMPLI.—The term “fait accompli” means the strategy of a strategic competitor designed to allow such strategic competitor to use military force to seize control of a covered defense partner before the United States Armed Forces are able to respond effectively.
(3) STRATEGIC COMPETITOR.—The term “strategic competitor” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.
(b) Report on progress of the Department of Defense with respect To denying a fait accompli by a strategic competitor against a covered defense partner.—
(1) IN GENERAL.—Not later than April 30 each year, beginning in 2021 and ending in 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Department of Defense with respect to improving the ability of the United States Armed Forces to conduct combined joint operations to deny the ability of a strategic competitor to execute a fait accompli against a covered defense partner.
(2) MATTERS TO BE INCLUDED.—Each report under paragraph (1) shall include the following:
(A) An explanation of the objectives for the United States Armed Forces that would be necessary to deny the fait accompli by a strategic competitor against a covered defense partner.
(B) An identification of joint warfighting capabilities and current efforts to organize, train, and equip the United States Armed Forces in support of the objectives referred to in paragraph (1), including—
(i) an assessment of whether the programs included in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, are sufficient to enable the United States Armed Forces to conduct joint combined operations to achieve such objectives;
(ii) a description of additional investments or force posture adjustments required to maintain or improve the ability of the United States Armed Forces to conduct joint combined operations to achieve such objectives;
(iii) a description of the manner in which the Secretary of Defense intends to develop and integrate Army, Navy, Air Force, Marine Corps, and Space Force operational concepts to maintain or improve the ability of the United States Armed Forces to conduct joint combined operations to achieve such objectives; and
(iv) an assessment of the manner in which different options for pre-delegating authorities may improve the ability of the United States Armed Forces to conduct joint combined operations to achieve such objectives.
(C) An assessment of options for deterring limited use of nuclear weapons by a strategic competitor in the Indo-Pacific region without undermining the ability of the United States Armed Forces to maintain deterrence against other strategic competitors and adversaries.
(D) An assessment of a strategic competitor theory of victory for invading and unifying a covered defense partner with such a strategic competitor by military force.
(E) A description of the military objectives a strategic competitor would need to achieve in a covered defense partner campaign.
(F) A description of the military missions a strategic competitor would need to execute a covered defense partner invasion campaign, including—
(i) blockade and bombing operations;
(ii) amphibious landing operations; and
(iii) combat operations.
(G) An assessment of competing demands on a strategic competitor’s resources and how such demands impact such a strategic competitor’s ability to achieve its objectives in a covered defense partner campaign.
(H) An assessment of a covered defense partner’s self-defense capability and a summary of defense articles and services that are required to enhance such capability.
(I) An assessment of the capabilities of partner and allied countries to conduct combined operations with the United States Armed Forces in a regional contingency.
(3) FORM.—Each report under paragraph (1) shall be submitted in classified form but may include an unclassified executive summary.
(a) Enhanced information sharing.—Subsection (d)(1) section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended by striking “(other than basic research)”.
(b) Publication of updated list.—Subsection (e) of such section is amended by adding at the end the following new paragraph:
“(4) PUBLICATION OF UPDATED LIST.—
“(A) IN GENERAL.—Not later than January 1, 2021, and annually thereafter, the Secretary shall submit to the congressional defense committees the most recently updated list described in subsection (c)(8) in unclassified form (but with a classified annex as applicable) and make the unclassified portion of each such list publicly available on an internet website in a searchable format.
“(B) INTERVENING PUBLICATION.—The Secretary may submit and publish an updated list described in subparagraph (A) more frequently than required by such subparagraph if the Secretary determines necessary.”.
Not later than 180 days after the date of the enactment of this Act, the Commander of the Office of Naval Intelligence shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate an unclassified report on the use of distant-water fishing fleets by foreign governments as extensions of such countries’ official maritime security forces, including the manner and extent to which such fishing fleets are leveraged in support of naval operations and foreign policy more generally. The report shall also consider the threats, on a country-by-country basis, posed by such use of distant-water fishing fleets to—
(1) fishing or other vessels of the United States and partner countries;
(2) United States and partner naval and coast guard operations; and
(3) other interests of the United States and partner countries.
The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall seek to build partner capacity and interoperability in the United States Africa Command area of responsibility through increased partnerships with countries on the African continent, military-to-military engagements, and traditional activities of the combatant commands.
(1) IN GENERAL.—If the Department of Defense reduces the number of United States Armed Forces deployed to the United States Africa Command area of responsibility (in this section referred to as “AFRICOM AOR”) (other than United States Armed Forces described in paragraph (2)) to a number that is below 80 percent of the number deployed as of the day before the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall, not later than 90 days after date of such a reduction, submit to the appropriate congressional committees a report described in subsection (b).
(2) UNITED STATES ARMED FORCES DESCRIBED.—United States Armed Forces described in this paragraph are United States Armed Forces that are deployed to AFRICOM AOR but are not under the direct authority of the Commander of United States Africa Command, including—
(A) forces deployed in conjunction with other Commands;
(B) forces participating in joint exercises;
(C) forces identified for pre-planned activities;
(D) forces used to assist in emergency situations; and
(E) forces designated or assigned for diplomatic or embassy security.
(1) IN GENERAL.—A report described in this subsection is a report that includes each of the following:
(i) degrade each of the violent extremist organizations described in paragraph (2) within the AFRICOM AOR, to include an assessment of the extent to which such violent extremist organizations pose a direct threat to the United States; and
(ii) counter the military influence of China and Russia within the AFRICOM AOR.
(B) The average number of United States Armed Forces that are under the direct authority of the Commander of United States Africa Command and deployed to AFRICOM AOR and the amount of associated expenditures, to be listed by month for each of the fiscal years 2019 and 2020 and disaggregated by mission and country, to include those forces deployed to secure United States embassies.
(C) The average number of United States Armed Forces that are planned to be under the direct authority of the Commander of United States Africa Command and deployed to AFRICOM AOR and the amount of projected associated expenditures, to be listed by month for fiscal years 2021 and 2022 and disaggregated by mission and country, to include those forces deployed to secure United States embassies.
(D) The effect that a reduction described in subsection (a) would have on military and intelligence efforts to combat each of the violent extremist organizations described in paragraph (2), including a statement of the current objectives of the Secretary of Defense with respect to such efforts.
(E) A description of any consultation or coordination with the Department of State or the United States Agency for International Development with respect to such a reduction and the effect that such a reduction would have on diplomatic, developmental, or humanitarian efforts in Africa, including statements of the current objectives of the Secretary of State and the Administrator of the United States Agency for International Development with respect to such efforts.
(F) The strength, regenerative capacity, and intent of such violent extremist organizations in the AFRICOM AOR, including—
(i) an assessment of the number of fighters in the Sahel, the Horn of Africa, and West Africa who are members of such violent extremist organizations;
(ii) the threat such violent extremist organizations pose to host nations and United States allies and partners, and the extent to which such violent extremist organizations pose a direct threat to the United States; and
(iii) the likely reaction of such violent extremist organizations to the withdrawal of United States Armed Forces.
(G) The strategic risks involved with countering such violent extremist organizations following such a reduction.
(H) The operational risks involved with conducting United States led or enabled operations in Africa against such violent extremist organizations following such a reduction.
(I) For any region of the AFRICOM AOR in which United States Armed Forces currently are present or conduct activities, the effect such a reduction would have on power and influence of China and Russia in such region.
(J) Any consultation or coordination with United States allies and partners concerning such a reduction.
(K) An assessment of the response from the governments and military forces of France, the United Kingdom, and Canada to such a reduction.
(L) An assessment of how the frequency of air strikes could change as a result of such reduction.
(M) An assessment of the commitment of partner security forces in the AFRICOM AOR to address gross violations of internationally recognized human rights and uphold international humanitarian law, and the impact such reduction could have on such commitment.
(2) VIOLENT EXTREMIST ORGANIZATIONS DESCRIBED.—The violent extremist organizations described in this paragraph are adversarial groups and forces in the AFRICOM AOR, as determined by the Secretary of Defense.
(c) Additional reporting requirement.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that includes the information required by subsection (b)(1)(B).
(d) Form.—The reports required by subsections (b) and (c) shall be submitted in unclassified form, but may contain a classified annex.
(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees (which has the meaning given the term in section 101(a)(16) of title 10, United States Code);
(2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and
(3) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
(1) IN GENERAL.—Not later than June 1, 2021, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the activities and resources required to enhance security and economic partnerships between the United States and African countries.
(2) ELEMENTS.—The report required under paragraph (1) shall include the following:
(A) An assessment of the infrastructure accessible to the Department of Defense on the continent of Africa.
(B) An identification of the ability of the Department to conduct freedom of movement on the continent, including identifying the activities of partners, allies, and other Federal departments and agencies that are facilitated by the Department’s ability to conduct freedom of movement.
(C) Recommendations to meet the requirements identified in subparagraph (B), including—
(i) dual-use infrastructure projects;
(ii) military construction;
(iii) the acquisition of additional mobility capability by African countries or the United States Armed Forces, including strategic air lift, tactical air lift, or sealift capability; or
(iv) any other option as determined by the Secretary.
(D) Recommendations to expand and strengthen partner and ally capability, including traditional activities of the combatant commands, train and equip opportunities, partnerships with the National Guard and the United States Coast Guard, and multilateral contributions.
(E) Recommendations for enhancing joint exercises and training.
(F) An analysis of the security, economic, and stability benefits of the recommendations identified under subparagraphs (C) through (E).
(G) (i) A plan to fully resource United States force posture, capabilities, and stability operations, including—
(I) a detailed assessment of the resources required to address the elements described in subparagraphs (B) through (E), including specific cost estimates for recommended investments or projects; and
(II) a detailed timeline to achieve the recommendations described in subparagraphs (B) through (D).
(ii) The specific cost estimates required by clause (i)(I) shall, to the maximum extent practicable, include the following:
(I) With respect to procurement accounts—
(aa) amounts displayed by account, budget activity, line number, line item, and line item title; and
(bb) a description of the requirements for each such amount.
(II) With respect to research, development, test, and evaluation accounts—
(aa) amounts displayed by account, budget activity, line number, program element, and program element title; and
(bb) a description of the requirements for each such amount.
(III) With respect to operation and maintenance accounts—
(aa) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(bb) a description of the specific manner in which each such amount would be used.
(IV) With respect to military personnel accounts—
(aa) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
(bb) a description of the requirements for each such amount.
(V) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
(VI) With respect to any expenditure or proposed appropriation not described in clause (i) through (iv), a level of detail equivalent or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code.
(3) CONSIDERATIONS.—In preparing the report required under paragraph (1), the Secretary shall consider—
(A) the economic development and stability of African countries;
(B) the strategic and economic value of the relationships between the United States and African countries;
(C) the military, intelligence, diplomatic, developmental, and humanitarian efforts of China and Russia on the African continent; and
(D) the ability of the United States, allies, and partners to combat violent extremist organizations operating in Africa.
(4) FORM.—The report required under paragraph (1) may be submitted in classified form, but shall include an unclassified summary.
(b) Interim briefing required.—Not later than April 15, 2021, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint interim briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report anticipated to be submitted under subsection (a).
(c) Definitions.—In this section:
(1) DUAL-USE INFRASTRUCTURE PROJECTS.—The term “dual-use infrastructure projects” means projects that may be used for either military or civilian purposes.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
It is the sense of Congress that—
(1) the United States and the country of Qatar have built a strong, enduring, and forward-looking strategic partnership based on long-standing and mutually beneficial cooperation, including through security, defense, and economic ties;
(2) robust security cooperation between the United States and Qatar is crucial to promoting peace and stability in the Middle East region;
(3) Qatar plays a unique role as host of the forward headquarters for the United States Central Command, and that partnership facilitates United States coalition operations countering terrorism;
(4) Qatar is a major security cooperation partner of the United States, as recognized in the 2018 Strategic Dialogue and the 2019 Memorandum of Understanding to expand Al Udeid Air Base to improve and expand accommodation for United States military personnel;
(5) the United States values Qatar’s provision of access to its military facilities and its management and financial assistance in expanding the Al Udeid Air Base, which supports the continued security presence of the United States in the Middle East region; and
(A) continue to strengthen the relationship between the United States and Qatar, including through security and economic cooperation; and
(B) seek a resolution to the dispute between partner countries of the Arabian Gulf, which would promote peace and stability in the Middle East region.
It is the sense of Congress that—
(1) the mission of the Multinational Force and Observers (MFO) is to supervise implementation of the security provisions of the Egypt-Israel Peace Treaty, signed at Washington on March 26, 1979, and employ best efforts to prevent any violation of its terms;
(2) the MFO was established by the Protocol to the Egypt-Israel Peace Treaty, signed on August 3, 1981, and remains a critical institution for regional peace and stability; and
(3) as a signatory to the Egypt-Israel Peace Treaty and subsequent Protocol, the United States strongly supports and encourages continued United States military support for and participation in the MFO.
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that includes—
(1) a description of the military support, training, and defense articles provided by the Department of Defense to Saudi Arabia, the Government of the United Arab Emirates, and other countries participating in the Saudi-led coalition since March 2015, including—
(A) an annual description, by fiscal year or calendar year, of all transfers of logistics support, supplies, defense articles, and services under sections 2341 and 2342 of title 10, United States Code, or any other applicable law;
(B) a description of the total financial value of such transfers and which countries bore the cost described in subparagraph (A) of these transfers, including the status of the reimbursement of costs from Saudi Arabia, the Government of the United Arab Emirates and the Saudi-led coalition to the Department of Defense; and
(C) a description of the types of training provided by the Department of Defense, including the authorities under which this training was provided, and whether such training has included tactics for stopping, searching and seizing boats, or other activities that could be used to restrict the importation of commercial and humanitarian shipments into and out of Yemen;
(2) a description and evaluation of processes used by the Department of Defense to determine whether the types of military support described in paragraph (1)(A) have impacted the restriction of the movement of persons into or out of Yemen, the restriction of the importation of commercial and humanitarian shipments into and out of Yemen, or the illicit profit from such importation by any of the warring parties in the conflict in Yemen;
(3) a description and evaluation of processes used by the Department of Defense to determine whether the type of military support described in paragraph (1)(C) has been use by any of the warring parties in the conflict in Yemen to restrict the importation of commercial and humanitarian shipments into and out of Yemen; and
(4) a description and evaluation of processes used by the Department of Defense to determine what steps the Department has taken to reduce restrictions on the movement of persons into or out of Yemen, and restrictions on the importation of commercial and humanitarian shipments into and out of Yemen, or the illicit profit of such importation by any of the warring parties in the conflict in Yemen.
(b) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Appropriate committees of congress.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Financial Services of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(a) Prohibition relating to support.—None of the funds authorized to be appropriated or otherwise made available by this Act may be made available to provide United States logistical support to the Saudi-led coalition’s operations against the Houthis in Yemen for coalition strikes, specifically by providing maintenance or transferring spare parts to coalition members flying warplanes engaged in anti-Houthi bombings for coalition strikes.
(b) Prohibition relating to military participation.—None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for any civilian or military personnel of the Department of Defense or contractors of the Department to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of the Saudi and United Arab Emirates-led coalition forces engaged in hostilities against the Houthis in Yemen or in situations in which there exists an imminent threat that such coalition forces become engaged in such hostilities, unless and until the President has obtained specific statutory authorization, in accordance with section 8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
(c) Rule of construction.—The prohibitions under this section may not be construed to apply with respect to United States Armed Forces engaged in operations directed at al-Qaeda or associated forces.
Nothing in this Act or any amendment made by this Act may be construed to authorize the use of military force.
(a) Strategy and coordination.—Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall—
(1) develop and submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a Department of State-wide strategy entitled the “Department of State Strategy for Countering White Identity Terrorism Globally” (in this section referred to as the “strategy”); and
(2) designate the Coordinator for Counterterrorism of the Department to coordinate Department efforts to counter white identity terrorism globally, including with United States diplomatic and consular posts, the Director of the National Counterterrorism Center, the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies.
(b) Elements.—The strategy shall at a minimum contain the following:
(1) An assessment of the global threat from white identity terrorism abroad, including geographic or country prioritization based on the assessed threat to the United States.
(2) A description of the coordination mechanisms between relevant bureaus and offices within the Department of State, as well as with United States diplomatic and consular posts, for developing and implementing efforts to counter white identity terrorism.
(3) A description of how the Department plans to build on any existing strategy developed by the Bureau for Counterterrorism to—
(A) adapt or expand existing Department programs, projects, activities, or policy instruments based on existing authorities for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally; and
(B) identify the need for any new Department programs, projects, activities, or policy instruments for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally, including a description of the steps and resources necessary to establish any such programs, projects, activities, or policy instruments, noting whether such steps would require new authorities.
(4) Detailed plans for using public diplomacy, including the efforts of the Secretary of State and other senior Executive Branch officials, including the President, to degrade and delegitimize white identity terrorist ideologues and ideology globally, including by—
(A) countering white identity terrorist messaging and supporting efforts to redirect potential supporters away from white identity terrorist content online;
(B) exposing foreign government support for white identity terrorist ideologies, objectives, ideologues, networks, organizations, and internet platforms;
(C) engaging with foreign governments and internet service providers and other relevant technology entities, to prevent or limit white identity terrorists from exploiting internet platforms in furtherance of or in preparation for acts of terrorism or other targeted violence, as well as the recruitment, radicalization, and indoctrination of new adherents to white identity terrorism; and
(D) identifying the roles and responsibilities for the Office of the Under Secretary for Public Affairs and Public Diplomacy and the Global Engagement Center in developing and implementing such plans.
(5) An outline of steps the Department is taking or will take in coordination, as appropriate, with the Director of the National Counterterrorism Center, the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies to improve information and intelligence sharing with other countries on white identity terrorism based on existing authorities by—
(A) describing plans for adapting or expanding existing mechanisms for sharing information, intelligence, or counterterrorism best practices, including facilitating the sharing of information, intelligence, or counterterrorism best practices gathered by Federal, State, and local law enforcement; and
(B) proposing new mechanisms or forums that might enable expanded sharing of information, intelligence, or counterterrorism best practices.
(6) An outline of how the Department plans to use designation as a Specially Designated Global Terrorist (under Executive Order No. 13224 (50 U.S.C. 1701 note)) and foreign terrorist organization (pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)) to support the strategy, including—
(A) an assessment and explanation of the utility of applying or not applying such designations when individuals or entities satisfy the criteria for such designations; and
(B) a description of possible remedies if such criteria are insufficient to enable designation of any individuals or entities the Secretary of State considers a potential terrorist threat to the United States.
(7) A description of the Department’s plans, in consultation with the Department of the Treasury, to work with foreign governments, financial institutions, and other related entities to counter the financing of white identity terrorists within the parameters of current law, or if no such plans exist, a description of why.
(8) A description of how the Department plans to implement the strategy in conjunction with ongoing efforts to counter the Islamic State, al-Qaeda, and other terrorist threats to the United States.
(9) A description of how the Department will integrate into the strategy lessons learned in the ongoing efforts to counter the Islamic State, al-Qaeda, and other terrorist threats to the United States.
(10) A identification of any additional resources or staff needed to implement the strategy.
(c) Interagency coordination.—The Secretary of State shall develop the strategy in coordination with the Director of the National Counterterrorism Center and in consultation with the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies.
(d) Stakeholder inclusion.—The strategy shall be developed in consultation with representatives of United States and international civil society and academic entities with experience researching or implementing programs to counter white identity terrorism.
(e) Form.—The strategy shall be submitted in unclassified form that can be made available to the public, but may include a classified annex if the Secretary of State determines such is appropriate.
(f) Implementation.—Not later than 3 months after the submission of the strategy, the Secretary of State shall begin implementing the strategy.
(g) Consultation.—Not later than 90 days after the date of the enactment of this Act and not less often than annually thereafter, the Secretary of State shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development and implementation of the strategy.
(h) Country reports on terrorism.—The Secretary of State shall incorporate all credible information about white identity terrorism, including regarding relevant attacks, the identification of perpetrators and victims of such attacks, the size and identification of organizations and networks, and the identification of notable ideologues, in the annual country reports on terrorism submitted pursuant to section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).
(1) IN GENERAL.—Not later than 120 days and again 240 days after the submission of each annual country report on terrorism submitted pursuant to section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as modified in accordance with subsection (h), the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that determines whether the foreign persons, organizations, and networks identified in such annual country reports on terrorism as so modified, satisfy the criteria to be designated as—
(A) foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or
(B) Specially Designated Global Terrorist under Executive Order No. 13224 (50 U.S.C. 1701 note).
(2) FORM.—Each determination required under subsection (a) shall be submitted in unclassified form, but may include a classified annex, if appropriate.
(j) Requirement for independent study To map the global white identity terrorism movement.—
(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall enter into a contract with a federally funded research and development center with appropriate expertise and analytical capability to carry out the study described in paragraph (2).
(2) STUDY.—The study described in this subsection shall provide for a comprehensive social network analysis of the global white identity terrorism movement to—
(A) identify key actors, organizations, and supporting infrastructure; and
(B) map the relationships and interactions between such actors, organizations, and supporting infrastructure.
(A) TO THE SECRETARY.—Not later than 1 year after the date on which the Secretary of State enters into a contract pursuant to subsection (a), the federally funded research and development center referred to in such subsection that has entered into such contract with the Secretary shall submit to the Secretary a report containing the results of the study required under this section.
(B) TO CONGRESS.—Not later than 30 days after receipt of the report under subparagraph (A), the Secretary of State shall submit to the Committee of Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such report, together with any additional views or recommendations of the Secretary.
(a) Statement of policy.—It is the policy of the United States—
(1) to protect United States citizens and strategic interests in the Middle East region;
(2) to support United Nations-led efforts to end violence in Yemen and secure a comprehensive political settlement to the conflict in Yemen that results in protection of civilians and civilian infrastructure and alleviates the humanitarian crisis including by facilitating unfettered access for all Yemenis to food, fuel, and medicine;
(3) to encourage all parties to the conflict in Yemen to participate in good faith in the United Nations-led process and to uphold interim agreements as part of that process to end the conflict, leading to reconstruction in Yemen;
(4) to support United States allies and partners in defending their borders and territories in order to maintain stability and security in the Middle East region and encourage burden sharing among such allies and partners;
(5) to assist United States allies and partners in countering destabilization of the Middle East region;
(6) to oppose Iranian arms transfers in violation of UN Security Council resolutions, including transfers to the Houthis;
(7) to encourage the Government of Saudi Arabia and the Government of the United Arab Emirates to assist significantly in the economic stabilization and eventual reconstruction of Yemen; and
(8) to encourage all parties to the conflict to comply with the law of armed conflict, including to investigate credible allegations of war crimes and provide redress to civilian victims.
(b) Report on conflict in Yemen.—
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act , the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on United States policy in Yemen.
(2) MATTERS TO BE INCLUDED.—The report required under subsection (b) shall include the following:
(A) A detailed description of diplomatic actions taken by the United States Government to help ease human suffering in Yemen, including—
(i) United States direct humanitarian assistance and United States donations to multilateral humanitarian assistance efforts, including to address the COVID–19 pandemic;
(ii) efforts to ensure that humanitarian assistance is delivered in line with internationally recognized humanitarian principles, and the results of such efforts;
(iii) efforts to facilitate humanitarian and commercial cargo shipments into Yemen and minimize delays associated with such shipments, including access to ports for humanitarian and commercial cargo, and the results of such efforts;
(iv) efforts to work with parties to the conflict in Yemen to ensure protection of civilians and civilian infrastructure, and the results of such efforts;
(v) efforts to help the Government of Yemen to create a mechanism to ensure that salaries and pensions are paid to civil servants as appropriate, and the results of such efforts; and
(vi) efforts to work with ROYG and countries that are members of the Saudi-led coalition in Yemen to address the currency crisis in Yemen and the solvency of the Central Bank of Yemen, and the results of such efforts.
(B) An assessment of plans, commitments, and pledges for reconstruction of Yemen made by countries that are members of the Saudi-led coalition in Yemen, including an assessment of proposed coordination with the Government of Yemen and international organizations.
(C) A description of civilian harm occurring in the context of the conflict in Yemen since Nov 2017, including—
(i) mass casualty incidents; and
(ii) damage to, and destruction of, civilian infrastructure and services.
(D) An estimated total number of civilian casualties in the context of the conflict in Yemen since September 2014, disaggregated by year.
(E) A detailed description of actions taken by the United States Government to support the efforts of the United Nations Special Envoy for Yemen to reach a lasting political solution in Yemen.
(F) A detailed assessment of whether and to what extent members of the Saudi-led coalition in Yemen have used United States-origin defense articles and defense services in Yemen in contravention of the laws of armed conflict when engaging in any military operations against the Houthis in Yemen.
(G) A description of external and cross border attacks perpetrated by the Houthis.
(H) A detailed assessment of the Government of Yemen’s willingness and capacity to effectively—
(i) provide public services to the people of Yemen;
(ii) service the external debts of Yemen; and
(iii) facilitate or ensure access to humanitarian assistance and key commodities in Yemen.
(I) A description of support for the Houthis by Iran and Iran-backed groups, including provision of weapons and training.
(J) A description of recruitment and use of child soldiers by parties to the conflict in Yemen.
(3) FORM.—The report required under paragraph (1) shall be submitted in unclassified form (without the classification “For Official Use Only”) but may contain a classified annex.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives;
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate;
(C) the Permanent Select Committee on Intelligence of the House of Representatives; and
(D) the Select Committee on Intelligence of the Senate.
(c) Report on United States military support.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on United States military support to countries that are members of the Saudi-led coalition in Yemen since March 2015 that evaluates—
(A) the manner and extent to which the United States military has provided and continues to provide support to such countries in Yemen;
(B) the extent to which the Department of Defense has determined that its advice or assistance has—
(i) minimized violations of the laws of armed conflict in Yemen, including any credible allegations of torture, arbitrary detention, and other gross violations of internationally recognized human rights by ROYG and countries that are members of the Saudi-led coalition in Yemen; and
(ii) reduced civilian casualties and damage to civilian infrastructure;
(C) the responsiveness and completeness of any certifications submitted pursuant to section 1290 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2081); and
(D) the responsiveness and completeness of any reports submitted pursuant to section 1274 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2067).
(2) FORM.—The report required under paragraph (1) shall be submitted in unclassified form (without the classification “For Official Use Only”), but may contain a classified annex.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection:
“(h) Office of Subnational Diplomacy.—
“(1) IN GENERAL.—There shall be established within the Department of State an Office of Subnational Diplomacy (in this subsection referred to as the ‘Office’).
“(2) HEAD OF OFFICE.—The head of the Office shall be a full-time position filled by a senior Department official. The head of the Office shall report directly to the Under Secretary for Political Affairs.
“(A) PRINCIPAL DUTY.—The principal duty of the head of the Office shall be the overall supervision (including policy oversight of resources) of Federal support for subnational engagements by State and municipal governments with foreign governments. The head of the Office shall be the principal adviser to the Secretary of State on subnational engagements and the principal official on such matters within the senior management of the Department of State.
“(B) ADDITIONAL DUTIES.—The additional duties of the head of the Office shall include the following:
“(i) Coordinating overall United States policy and programs in support of subnational engagements by State and municipal governments with foreign governments, including with respect to the following:
“(I) Coordinating resources across the Department of State and throughout the Federal Government in support of such engagements.
“(II) Identifying policy, program, and funding disputes among relevant Federal agencies regarding such coordination.
“(III) Identifying gaps in Federal support for such engagements and developing corresponding policy or programmatic changes to address such gaps.
“(ii) Promoting United States foreign policy goals through support for subnational engagements and aligning subnational priorities with national foreign policy goals, as appropriate.
“(iii) Maintaining a public database of subnational engagements.
“(iv) Providing advisory support to subnational engagements, including by assisting State and municipal governments to—
“(I) develop, implement, and, as necessary, adjust global engagement and public diplomacy strategies; and
“(II) implement programs to cooperate with foreign governments on policy priorities or managing shared resources.
“(v) Facilitating linkages and networks between State and municipal governments and their foreign counterparts.
“(vi) Overseeing the work of Department of State detailees assigned to State and municipal governments pursuant to this subsection.
“(vii) Negotiating agreements and memoranda of understanding with foreign governments to support subnational engagements and priorities.
“(viii) Promoting United States trade and foreign exports on behalf of United States businesses through exchanges between the United States and foreign state, municipal, and provincial governments, and by establishing a more enduring relationship overall between subnational governments.
“(ix) Coordinating subnational engagements with the associations of subnational elected leaders, including the U.S. Conference of Mayors, National Governors Association, National League of Cities, National Association of Counties, Council of State Governments, National Conference of State Legislators, and State International Development Offices.
“(A) IN GENERAL.—The Secretary of State, acting through the head of the Office, is authorized to detail a member of the civil service or Foreign Service to State and municipal governments on a reimbursable or nonreimbursable basis. Such details shall be for a period not to exceed 2 years, and shall be without interruption or loss of Foreign Service status or privilege.
“(B) RESPONSIBILITIES.—Detailees under subparagraph (A) shall carry out the following:
“(i) Supporting the mission and objectives of the Office.
“(ii) Coordinating activities relating to State and municipal government subnational engagements with the Department of State, including the Office, Department leadership, and regional and functional bureaus of the Department, as appropriate.
“(iii) Engaging the Department of State and other Federal agencies regarding security, public health, trade promotion, and other programs executed at the State or municipal government level.
“(iv) Advising State and municipal government officials regarding questions of global affairs, foreign policy, cooperative agreements, and public diplomacy.
“(v) Any other duties requested by State and municipal governments and approved by the Office.
“(A) REPORT.—Not later than 1 year after the date of the enactment of this subsection, the head of the Office shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes information relating to the following:
“(i) The staffing plan (including permanent and temporary staff) for the Office.
“(ii) The funding level provided to the Office for the Office, together with a justification relating to such level.
“(iii) The status of filling the position of head of the Office.
“(iv) The rank and title granted to the head of the Office, together with a justification relating to such decision and an analysis of whether the rank and title of Ambassador-at-Large is required to fulfill the duties of the Office.
“(v) A strategic plan for the Office.
“(vi) Any other matters as determined relevant by the head of the Office.
“(B) BRIEFINGS.—Not later than 30 days after the submission of the report required under subparagraph (A) and annually thereafter, the head of the Office shall brief the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the work of the Office and any changes made to the organizational structure or funding of the Office.
“(6) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed as precluding—
“(A) the Office from being elevated to a bureau within the Department of State; or
“(B) the head of the Office from being elevated to an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).
“(7) DEFINITIONS.—In this subsection:
“(A) MUNICIPAL.—The term ‘municipal’ means, with respect to the government of a municipality in the United States, a municipality with a population of not fewer than 100,000 people.
“(B) STATE.—The term ‘State’ means the 50 States, the District of Columbia, and any territory or possession of the United States.
“(C) SUBNATIONAL ENGAGEMENT.—The term ‘subnational engagement’ means formal meetings or events between elected officials of State or municipal governments and their foreign counterparts.”.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a report on gross violations of human rights and civilian harm in Burkina Faso, Mali, and Niger, as well as civilian harm that may occur during United States-supported advise, assist, and accompany operations in the Sahel region.
(2) MATTERS TO BE INCLUDED.—The report required by this subsection shall include the following:
(A) An identification of all state security force units of Burkina Faso, Mali, and Niger that participated in United States security cooperation programs or benefitted from security assistance since fiscal year 2017, whether any of these units were subsequently credibly implicated in gross violations of human rights, including extrajudicial killings and torture, and the approximate locations, to the extent possible, of where such violations have taken place.
(B) A description of gross violations of human rights and civilian harm committed by violent extremist organizations and other armed groups operating in Burkina Faso, Mali, and Niger, including deaths of state security forces and destruction of civilian infrastructure, including schools, medical facilities, and churches.
(C) An assessment of the relationship between state security forces and any non-state armed groups active in Burkina Faso, Mali, and Niger, including an analysis of the extent to which any armed group that has been credibly implicated in gross violations of human rights or civilian casualties received material support from the governments or militaries of such countries.
(D) An assessment of efforts by the Governments of Burkina Faso, Mali, and Niger to prevent and decrease instances of gross violations of human rights or civilian casualties by state security forces during counterterrorism operations and ensure accountability for violations that have occurred since fiscal year 2017 through appropriate justice systems, including efforts to investigate, prosecute, and sentence such violations.
(E) An assessment of the impact that any gross violations of human rights and other civilian casualties perpetrated by state security forces and non-state armed groups in Burkina Faso, Mali, and Niger have had on the effectiveness of regional and international counterterrorism operations.
(F) An assessment of the effectiveness of any United States human rights training provided to the security forces of Burkina Faso, Mali, and Niger to date.
(G) A description of any confirmed incidents or reports of civilian harm that may have occurred during United States military advise, assist, or accompany operations.
(H) Any other matters that the Secretary of Defense and the Secretary of State consider to be relevant.
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a United States strategy to prevent civilian harm and address gross violations of human rights by state security forces of Burkina Faso, Mali, and Niger, and ensure accountability for such violations.
(2) MATTERS TO BE INCLUDED.—The strategy required by this subsection shall include the following:
(A) A description of planned public and private diplomatic engagement to support efforts by the Governments of Burkina Faso, Mali, and Niger to investigate and prosecute any credible allegations of gross violations of human rights by state security forces and non-state armed groups.
(B) An identification of United States foreign assistance and security cooperation funds and other available United States policy tools to support programs aimed at addressing gross violations of human rights and civilian harm, and an assessment of how they can be strengthened to greater effect.
(C) An identification of United States foreign assistance and security cooperation funds available to support the state security forces of Burkina Faso, Mali, and Niger to combat violent extremist organizations, improve civil-military relations, and strengthen accountability through their military justice systems, including support for building the capacity of provost marshals.
(D) An identification of state security forces of Burkina Faso, Mali, and Niger that would most benefit from United States foreign assistance and security cooperation funds identified in subparagraph (C) and that are eligible to receive such funds.
(E) A description of plans to coordinate United States efforts with France, the European Union, the United Nations Stabilization Mission in Mali (MINUSMA), the African Union, and the G5 Sahel Joint Force to decrease gross violations of human rights and minimize civilian harm during all counterterrorism operations in the Sahel.
(F) Any other matters that the Secretary of Defense and the Secretary of State consider to be relevant.
(c) Form.—The report required by subsection (a) and the strategy required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
(d) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) CIVILIAN HARM.—In this section, the term “civilian harm” means conflict-related death, physical injury, loss of property or livelihood, or interruption of access to essential services.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2025, the Secretary of State, in consultation with the Secretary of Defense, shall conduct and submit to the appropriate congressional committees an assessment of the effectiveness of United States policies to—
(1) export United States-origin Unmanned Aerial Systems (UAS) that are assessed to be “Category I” items under the Missile Technology Control Regime (MTCR) (in this section referred to as “covered items”); and
(2) support United States allies and partners’ security, counter-terrorism capabilities, persistent intelligence, surveillance, and reconnaissance (ISR) capabilities, and persistent maritime domain awareness and strengthen bilateral relationships through exports of covered items.
(b) Matters To be included.—The assessment required by subsection (a) shall include the following:
(1) A description of steps taken to enhance United States competitiveness in the global UAS market, including markets in which covered items have been exported to foreign countries that previously received UAS that are assessed to be “Category I” items under the MTCR from third countries.
(2) A description of how the Department of State and other relevant Federal agencies evaluate United States allies and partners’ access to covered items.
(3) A description of progress to prevent state and non-state actors from gaining covered items’ capabilities that would undermine the safety and security of United States allies and partners.
(4) An identification of the total number of licenses requested, approved, returned without action, or denied for the export of covered items and the typical amount of time needed to process such requests beginning on the date on which the license was received by the Department of State.
(5) A summary of results of end use checks conducted during the assessment period by the Department of State and the Department of Defense with respect to covered items transferred under the Arms Export Control Act (22 U.S.C. 2751 et. seq.) and any pending or concluded investigations into end-use violations of covered items pursuant to section 3 of the Arms Export Control Act (22 U.S.C. 2753).
(c) Periods covered by assessments.—The first assessment required by subsection (a) shall cover the 3-year period ending on the date of the enactment of this Act. Each subsequent assessment required by subsection (a) shall cover the 1-year period beginning on the day after the end of the period covered in the preceding assessment.
(d) Form.—The assessment required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
It is the sense of Congress that—
(1) since 1948, Israel has been one of the strongest friends and allies of the United States;
(2) Israel is a stable, democratic country in a region often marred by turmoil;
(3) it is essential to the strategic interest of the United States to continue to offer full security assistance and related support to Israel; and
(4) such assistance and support is especially vital as Israel confronts a number of potential challenges at the present time, including continuing threats from Iran.
(1) IN GENERAL.—The Secretary of Defense shall conduct a study on the feasibility of increased rotational deployments of members of the Armed Forces to Greece, including to Souda Bay, Alexandroupoli, Larissa, Volos, and Stefanovikeio.
(2) ELEMENT.—The study required by paragraph (1) shall include an evaluation of any infrastructure investment necessary to support such increased rotational deployments.
(3) REPORT TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study required by paragraph (1).
(b) Diplomatic engagement.—The Secretary of State is encouraged to pursue persistent United States diplomatic engagement with respect to the Greece-Cyprus-Israel and Greece-Cyprus-Egypt trilateral agreements beyond the occasional participation of United States diplomats in the regular summits of the countries party to such agreements.
(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on the status of internally displaced persons in Ukraine, Georgia, the Republic of Moldova, and the Republic of Azerbaijan.
(b) Elements.—The report required by subsection (a) shall include an assessment of the following:
(1) The number of citizens of Ukraine, Georgia, Moldova, and Azerbaijan who have been forcibly displaced in illegally occupied regions in Ukraine, Georgia, Moldova, and Azerbaijan by foreign forces since 1991.
(2) The number of citizens of Ukraine, Georgia, Moldova, and Azerbaijan who have been killed in regions illegally occupied by foreign forces since 1991.
(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees;
(2) the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives; and
(3) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(a) Findings.—Congress makes the following findings:
(1) Since a truce in 1962 ended skirmishes between India and the People’s Republic of China, the countries have been divided by a 2,100-mile-long Line of Actual Control.
(2) In the decades since the truce, military standoffs between India and the People’s Republic of China have flared; however, the standoffs have rarely claimed the lives of soldiers.
(3) In the months leading up to June, 15, 2020, along the Line of Actual Control, the People’s Republic of China—
(A) reportedly amassed 5,000 soldiers; and
(B) is believed to have crossed into previously disputed territory considered to be settled as part of India under the 1962 truce.
(4) On June 6, 2020, the People’s Republic of China and India reached an agreement to deescalate and disengage along the Line of Actual Control.
(5) On June 15, 2020, at least 20 Indian soldiers and an unconfirmed number of Chinese soldiers were killed in skirmishes following a weeks-long standoff in Eastern Ladakh, which is the de facto border between India and the People’s Republic of China.
(6) Following the deadly violence, Prime Minister Narendra Modi of India stated, “[w]henever there have been differences of opinion, we have always tried to ensure that those differences never turned into a dispute”.
(b) Sense of Congress.—It is the sense of Congress that—
(1) India and the People’s Republic of China should work toward deescalating the situation along the Line of Actual Control; and
(2) the expansion and aggression of the People’s Republic of China in and around disputed territories, such as the Line of Actual Control, the South China Sea, the Senkaku Islands, is of significant concern.
It is the sense of Congress that—
(1) the prosperity and security of the Caribbean region is a matter of significant importance for the United States, and promotion of such should be a component of United States policy;
(2) the United States and the Caribbean region, due to both geographic proximity and close societal ties, are bound together by a variety of shared interests, including with respect to—
(A) enhancing mutual resiliency and preparedness for natural disasters;
(B) coordinating humanitarian responses to such disasters;
(C) advancing trade, investment, academic exchange, and other cooperative efforts between the United States and the Caribbean region;
(D) enhancing Caribbean states’ security and safeguarding territorial sovereignty, including from risks related to predatory financing;
(E) strengthening the rule of law, supporting civil society, and upholding human rights;
(F) addressing other mutual challenges, including hemispheric efforts to combat the coronavirus pandemic; and
(G) countering drug trafficking;
(3) in furtherance of these and other shared interests, the United States should strengthen its engagement with the Caribbean region; and
(4) the Department of State’s and the Department of Defense’s facilitation of such engagement is essential, given the role of the various agencies of the United States government in coordinating humanitarian responses and United States national security.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at the end the following:
“(h) Status of excessive surveillance and use of advanced technology.—
“(1) IN GENERAL.—The report required by subsection (d) shall include, wherever applicable, a description of the status of surveillance and use of advanced technology to impose arbitrary or unlawful interference with privacy, or unlawful or unnecessary restrictions on freedoms of expression, peaceful assembly, association, or other internationally recognized human rights in each country, including—
“(A) whether the government of such country has adopted and is enforcing laws, regulations, policies, or practices relating to—
“(i) government surveillance or censorship, including through facial recognition, biometric data collection, internet and social media controls, sensors, spyware data analytics, non-cooperative location tracking, recording devices, or other similar advanced technologies, and any allegations or reports that this surveillance or censorship was unreasonable;
“(ii) searches or seizures of individual or private institution data without independent judicial authorization or oversight; and
“(iii) surveillance of any group based on political views, religious beliefs, ethnicity, or other protected category, in violation of equal protection rights;
“(B) whether such country has imported or unlawfully obtained biometric or facial recognition data from other countries or entities and, if applicable, from whom; and
“(C) whether the government agency end-user has targeted individuals, including through the use of technology, in retaliation for the exercise of their human rights or on discriminatory grounds prohibited by international law, including targeting journalists or members of minority groups.
“(2) DEFINITION.—In this subsection, the term ‘internet and social media controls’ means the arbitrary or unlawful imposition of restrictions, by state or service providers, on internet and digital information and communication, such as through the blocking or filtering of websites, social media platforms, and communication applications, the deletion of content and social media posts, or the penalization of online speech, in a manner that violates rights to free expression or assembly.”.
(2) In section 502B(b) (22 U.S.C. 2304(b))—
(A) by redesignating the second subsection (i) (as added by section 1207(b)(2) of Public Law 113–4) as subsection (j); and
(B) by adding at the end the following:
“(k) Status of excessive surveillance and use of advanced technology.—The report required under subsection (b) shall include, wherever applicable, a description of the status of excessive surveillance and use of advanced technology to restrict human rights, including the descriptions of such policies or practices required under section 116(h).”.
(a) Establishment.—There is established an independent commission within the legislative branch to be known as the “National Commission on U.S. Counterterrorism Policy” (in this section referred to as the “Commission”).
(b) Purpose.—The Commission shall assess United States counterterrorism efforts, including the study areas specified in subsection (c), and make recommendations based on its findings.
(c) Study areas.—In carrying out subsection (b), the Commission shall study the following:
(1) The evolution of threats to the United States since September 11, 2001, from international and domestic terrorism, including—
(A) an assessment of potential connections between such threats, and the risks such threats pose relative to other security threats to the United States and United States national interests; and
(B) the effects of United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities on such threats.
(2) The applicability of major lessons learned from United States counterterrorism objectives, priorities, policies, programs, and activities since September 11, 2001, for ongoing and future counterterrorism objectives, priorities, policies, programs, and activities.
(3) Ongoing United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities, including an assessment of the following:
(A) Whether such objectives, priorities, capabilities, policies, programs, and activities are appropriately integrated, programmatically and organizationally, into wider United States foreign and domestic policy.
(B) Whether counterterrorism resources are appropriately balanced across the range of counterterrorism programs and activities conducted by the United States, and the actions necessary to improve such balance if necessary.
(C) The potential constraints on counterterrorism objectives, priorities, capabilities, policies, programs, and activities resulting from the United States’ need to confront a growing number of geopolitical and security challenges, and how to mitigate any terrorism-related risks that might result.
(D) The potential new or emerging challenges or opportunities of conducting counterterrorism operations in contested environments where strategic state competitors such as Russia, China, or Iran operate, and identification of actions the United States Government should take to mitigate potential risks and take advantage of possible opportunities.
(E) The instruments of national power used to advance counterterrorism objectives and identification of new or modified instruments, if appropriate.
(F) Any impacts of such counterterrorism objectives, priorities, capabilities, policies, programs, and activities on civil rights and civil liberties in the United States and internationally recognized human rights and humanitarian principles abroad.
(4) The legal authorities and policy frameworks for counterterrorism programs and activities in the United States and abroad, and whether such authorities or frameworks require updating.
(5) The state of United States counterterrorism partnerships, including—
(A) the impact of United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities on the counterterrorism objectives, priorities, capabilities, policies, programs, and activities of partner countries; and
(B) the willingness, capacity, and capability of United States counterterrorism partners to combat shared threats, and the impact of security assistance and foreign assistance on such willingness, capacity, and capability.
(6) Ongoing efforts by the executive branch to measure the effectiveness of United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities through net assessments and evaluations of lessons learned, including an assessment of efforts to address factors that contribute to terrorist recruitment and radicalization.
(7) Recommendations on how best to adapt United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities on the basis of the areas of study specified in this subsection and any other findings the Commission determines relevant.
(1) MEMBERS.—The Commission shall be composed of 14 commissioners, to be appointed as follows:
(A) One commissioner appointed by the Chairman, with the concurrence of the ranking member, of each of the appropriate congressional committees.
(B) A Chairperson, appointed by the Speaker of the House of Representatives, with the concurrence of the Minority Leader of the House of Representatives.
(C) A Vice-Chairperson, appointed by the Majority Leader of the Senate, with the concurrence of the Minority Leader of the Senate.
(2) QUALIFICATIONS.—Individuals appointed to the Commission shall be United States persons with relevant counterterrorism expertise and experience in diplomacy, law enforcement, the Armed Forces, law, public administration, Congress, intelligence, academia, human rights, civil rights, or civil liberties. The leadership of the House of Representatives and the Senate shall coordinate with the appropriate congressional committees to ensure that Commission membership represents a variety of expertise in such fields. At least one of the commissioners shall possess a civil rights or civil liberties background in addition to relevant counterterrorism expertise, and one commissioner shall possess an international human rights background in addition to relevant counterterrorism expertise.
(3) PROHIBITIONS.—An individual appointed to the Commission may not be—
(A) a Member of Congress, including a Delegate or Resident Commissioner;
(B) an employee or official of any other branch of the Federal Government;
(C) an employee or official of any State, territory, county, or municipality in the United States; or
(D) a registered lobbyist.
(4) CONFLICTS OF INTEREST.—An individual appointed to the Commission shall disclose any financial gains from private sector employment conducted in support of United States counterterrorism objectives, priorities, capabilities, policies, programs, or activities at any time since the September 11, 2001, attacks.
(5) DEADLINE FOR APPOINTMENT OF COMMISSIONERS.—Individuals appointed to the Commission shall be appointed not later than—
(A) 30 days after the date of the enactment of this Act; or
(B) December 31, 2020,
whichever occurs first.
(6) PERIOD OF APPOINTMENT.—Each commissioner and the Chairperson and Vice-Chairperson shall be appointed for the life of the Commission.
(7) VACANCIES.—Any vacancy in the Commission shall not affect its powers and duties and shall be filled in the same manner as the original appointment within 30 days of such vacancy occurring.
(8) COMPENSATION.—Commissioners and the Chairperson and Vice-Chairperson shall serve without pay.
(9) TRAVEL EXPENSES.—Commissioners and the Chairperson and Vice-Chairperson shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission.
(1) INITIAL MEETING.—The initial meeting of the Commission shall be held not later than 30 days after the satisfaction of all of the following:
(A) The appointment of two-thirds of the members of the Commission, including at least one of the Chairperson or Vice-Chairperson.
(B) The transfer of funding under subsection (k).
(2) RESPONSIBILITY.—The Commission shall, at its initial meeting, develop and implement a schedule for completion of the review and assessment under subsection (b) and report under subsection (m)(2).
(3) SUBSEQUENT MEETINGS.—The Commission shall meet at the call the Chairperson or a majority of commissioners.
(4) QUORUM.—Eight commissioners shall constitute a quorum, and commissioners may vote by proxy.
(f) Consultation.—In conducting the review and assessment and study required under this section, the Commission shall consult with relevant experts in the Federal Government (including relevant Members of Congress and congressional staff), academia, law, civil society, and the private sector.
(g) Powers of the Commission.—
(1) HEARINGS AND EVIDENCE.—For the purposes of carrying out this section, the Commission may—
(A) hold classified or unclassified hearings, take testimony, receive evidence, and administer oaths; and
(B) subject to paragraph (3), require, by subpoena authorized by majority vote of the Commission and issued under the signature of the Chairperson or any member designated by a majority of the Commission, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission may determine advisable.
(2) NOTIFICATION OF COMMITTEES.—If the Commission is unable to obtain testimony or documents needed to conduct its work, the Commission shall notify the appropriate congressional committees.
(A) IN GENERAL.—In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(B), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.
(B) ADDITIONAL ENFORCEMENT.—In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).
(4) LIMITATIONS ON SUBPOENA AUTHORITY.—With respect to the subpoena authority under paragraph (1)(B), the Commission—
(A) may only issue a subpoena to a member of Federal, State, local, Tribal, or territorial government;
(B) may reference unclassified documents and information obtained through a subpoena when conducting interviews to further the Commission’s objectives, and may include such documents and information in the final report, but may not otherwise share, disclose, publish, or transmit in any way any information obtained through a subpoena to another Federal department or agency, any agency of a State, local, Tribal, or territorial government, or any international body; and
(C) shall comply with requirements for the issuance of a subpoena issued by a United States district court under the Federal Rules of Civil Procedure.
(5) MEETINGS.—The Commission shall—
(A) hold public hearings and meetings;
(B) hold classified hearings or meetings if necessary to discuss classified material or information; and
(C) provide an opportunity for public comment, including sharing of research and policy analysis, through publication in the Federal Register of a solicitation for public comments during a period to last not fewer than 45 days.
(1) AUTHORITY TO USE THE UNITED STATES MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.
(2) DOCUMENTS, STATISTICAL DATA AND OTHER SUCH INFORMATION.—Upon written request by the Chairperson, Vice-Chairperson, or any commissioner designated by a majority of the Commission, an executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government—
(A) shall provide reasonable access to documents, statistical data, and other such information the Commission determines necessary to carry out its duties; and
(B) shall, to the extent authorized by law, furnish any information, suggestions, estimates, and statistics the Commission determines necessary to carry out its duties.
(3) GIFTS.—No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.
(A) IN GENERAL.—The Commission is authorized to enter into contracts, leases, or other legal agreements with Federal and State agencies, Indian tribes, Tribal entities, private entities, and individuals for the conduct of activities necessary to the discharge of its duties.
(B) TERMINATION.—A contract, lease, or other legal agreement entered into by the Commission under this paragraph may not extend beyond the date of termination of the Commission.
(5) INAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section.
(6) OFFICE SPACE AND ADMINISTRATIVE SUPPORT.—The Architect of the Capitol shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Upon request, the Architect of the Capitol shall provide, on a reimbursable basis, such administrative support as the Commission requests to carry out its duties.
(7) ASSISTANCE FROM FEDERAL AGENCIES.—
(A) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services as the Commission requests to carry out its duties.
(B) FEDERAL DEPARTMENTS AND AGENCIES.—Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support services as such departments and agencies consider advisable and as may be authorized by law.
(1) DIRECTOR.—The Chairperson, in consultation with the Vice-Chairperson, and in accordance with rules agreed upon by the Commission, may appoint a staff director.
(2) STAFF.—With the approval of the Commission, the staff director may appoint such employees as the staff director determines necessary to enable the Commission to carry out its duties.
(3) STAFF QUALIFICATIONS.—The staff director shall ensure employees of the Commission have relevant counterterrorism expertise and experience, including in areas such as diplomacy, law enforcement, the Armed Forces, law, public administration, Congress, intelligence, academia, human rights, civil rights, or civil liberties.
(3) APPOINTMENTS AND COMPENSATION.—The Commission may appoint and fix the compensation of the staff director and other employees without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the staff director may not may exceed the equivalent of that payable to a person occupying a position at level IV of the Executive Schedule and the rate of pay for any other employee of the Commission may not exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule.
(4) EXPERTS AND CONSULTANTS.—With the approval of the Chairperson, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.
(5) DETAIL OF GOVERNMENT EMPLOYEES.—Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of such personnel.
(6) VOLUNTEER SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.
(j) Security clearances for Commission members and staff.—The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the commissioners, including the Chairperson and Vice-Chairperson, and the staff director and other employees, appropriate security clearances to the extent possible pursuant to existing procedures and requirements.
(1) IN GENERAL.—Of the amounts authorized to be appropriated for fiscal year 2021 by this Act, $4,000,000 shall be made available for transfer to the Commission for purposes of the activities of the Commission under this section.
(2) DURATION OF AVAILABILITY.—Amounts made available to the Commission under paragraph (1) shall remain available until the until the termination of the Commission.
(l) Termination.—The Commission shall terminate on the date that is 180 days after the date on which the Commission submits the report under subsection (m)(2).
(1) BRIEFINGS.—The Chairperson, Vice-Chairperson, and staff director of the Commission shall provide quarterly briefings to the appropriate congressional committees, of which not fewer than two briefings shall be for Members of Congress.
(A) IN GENERAL.—Not later than 540 days after the initial meeting of the Commission under subsection (e), the Commission shall submit to the appropriate congressional committees an unclassified report that includes the following:
(i) The findings, conclusions, and recommendations of the Commission pursuant to the review and assessment under subsection (b).
(ii) Summaries of the input and recommendations of each individual with whom the Commission consulted in accordance with subsection (f), attributed in accordance with the preference expressed by such individual.
(B) CLASSIFIED ANNEX.—The report required under this subsection may include a classified annex.
(C) ADDENDUM.—Pursuant to subsection (h)(3), the Commission shall publish as an addendum to the report under subsection (m)(2) a list of all gifts received and the individual or entity from which such gift was received.
(3) PUBLIC RELEASE.—Not later than 7 days after the date on which the Commission submits the report under this subsection, the Commission shall make publicly available such report, with the exception of any classified annex under paragraph (2)(B).
(n) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Finance of the Senate.
(2) DOMESTIC TERRORISM.—The term “domestic terrorism” has the meaning given such term in section 2331 of title 18, United States Code.
(3) INDIAN TRIBE.—The term “Indian tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5304).
(4) INTERNATIONAL TERRORISM.—The term “international terrorism” has the meaning given such term in section 2331 of title 18, United States Code.
(5) REGISTERED LOBBYIST.—The term “registered lobbyist” means a lobbyist described in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603).
(6) UNITED STATES PERSON.—The term “United States person” has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a program—
(A) to prevent, mitigate, and respond to civilian harm resulting from military operations to counter al-Shabaab or the Islamic State in Somalia (ISIS-Somalia); and
(B) to enhance the ability for Somali civilians to report instances of civilian harm resulting from—
(i) any operations conducted by United States Armed Forces; and
(ii) any operations in which United States Armed Forces provided operational support to the Somali Army or the African Union Mission in Somalia (AMISOM).
(2) COORDINATION.—The program required by this subsection shall be carried out in accordance with—
(A) section 1213 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92);
(B) section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note); and
(C) section 1057 of the National Defense Authorization Act for Fiscal Year 2018.
(b) Scope of program.—The program required by subsection (a) shall include the following:
(1) Measures in accordance with section 1057 of the National Defense Authorization Act for Fiscal Year 2018 to improve the ability of the Somali National Army, AMISOM, the United States military, and United States contractors to prevent, mitigate, and respond to instances of civilian harm as a result of military operations to counter al-Shabaab or ISIS-Somalia.
(2) Measures in accordance with section 1057 of the National Defense Authorization Act for Fiscal Year 2018 and section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note) to improve coordination among international actors involved in military operations in Somalia, to include AMISOM, with regard to preventing and mitigating civilian casualties, and collecting data and reporting on such incidents when they occur.
(3) Specific measures relating to compliance by Somalia with section 936(b)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note), to include measures to ensure that Somali civilians, including those without reliable access to the internet, and credible local or international nongovernmental organizations, can report civilian harm, including death, injury, or damage to civilian infrastructure, resulting from United States operations and partner operations.
(4) Measures to ensure that ex gratia payments and other assistance are made available as appropriate in accordance with section 1213 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the measures that have been taken to implement the program required by subsection (a).
(2) FORM.—The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
(d) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) OPERATIONAL SUPPORT.—The term “operational support” means training, advising, commanding, coordinating, participating in the movement of, or accompanying Somali Army or AMISOM forces, providing such forces with medevac or other medical aid, aerial refueling, intelligence, surveillance, or reconnaissance, or close air support for operations.
(a) Sense of Congress.—It is the Sense of Congress that—
(1) the United States greatly values its alliance with the Government of Japan, based on shared values of democracy, the rule of law, a rules-based international order, and respect for human rights;
(2) the United States-Japan alliance has been the cornerstone of peace, stability, and security in the Indo-Pacific for more than seven decades;
(3) the United States and Japan are indispensable partners in addressing global challenges, including combating the proliferation of weapons of mass destruction, preventing piracy, assisting the victims of conflict and disaster worldwide, safeguarding maritime security, and ensuring freedom of navigation, commerce, and overflight in the Indo-Pacific region;
(4) the Democratic People’s Republic of Korea’s (DPRK) nuclear, chemical, and biological weapons programs and ballistic missile programs pose a critical threat to the stability of the Indo-Pacific region and to the security of Japan;
(5) the People’s Republic of China’s use of military forces to challenge territory under Japan’s administrative control violate international norms and thereby threaten regional stability.
(6) the United States reaffirms its commitment to Article V of the Treaty of Mutual Cooperation and Security between the United States of America and Japan, which applies to the Japanese-administered Senkaku Islands;
(7) United States forces forward-deployed in Japan, consisting of 54,000 United States forces, United States Seventh Fleet, the only forward-deployed United States aircraft carrier, and the United States Marine Corps’ III Marine Expeditionary Force, are essential to sustaining United States national security and regional peace and stability;
(8) the United States and Japan should continue to deepen defense cooperation to enhance collective defense and regional security;
(9) Japan makes significant contributions to regional and global security, including contributions to regional Ballistic Missile Defense, conducting bilateral presence operations and mutual asset protection missions with United States forces, serving as a capacity building contributor to United Nations peacekeeping operations, and providing critical support to United Nations Security Council Resolution enforcement operations against the DPRK’s illicit weapons programs;
(10) the United States recognizes the substantial financial commitments of Japan to the maintenance of United States forces in Japan, including contributions of approximately $2,000,000,000 annually under the Special Measures Agreement, $187,000,000 annually under the Japan Facilities Improvement Program, $12,100,000,000 for the Futenma Replacement Facility, and $4,800,000,000 for Marine Corps Air Station Iwakuni, that directly support operational readiness of United States forces in Japan and make Japan among the most significant burden-sharing partners of the United States; and
(11) it is in the national security interest of the United States that the United States and Japan conclude a new Special Measures Agreement, negotiated based on the principles of mutual respect, equity, and our shared national security interests, prior to the expiration of the current agreement.
(1) IN GENERAL.—Not later than January 1, 2021, the Secretary of Defense, in consultation with the Secretary of State, shall provide a report on the costs most directly associated with the stationing of United States forces in Japan to the congressional defense committees, the House Committee on Foreign Affairs, and the Senate Committee on Foreign Relations. At a minimum, the report shall include—
(A) a description of each category of costs, including labor, utilities, training relocation, and any other categories the Secretary determines to be appropriate, that are most directly associated with the stationing of United States forces in Japan;
(B) a detailed description of which costs most directly associated with the stationing of United States forces in Japan are incurred in Japan and which such costs are incurred outside of Japan;
(C) a detailed summary of contributions made by the Government of Japan that allay the costs to United States of stationing United States forces in Japan;
(D) the benefits to United States national security and regional security derived from the forward presence of United States Armed Forces in Japan;
(E) the impact to the national security of the United States, the security of Japan, and peace and stability in the Indo-Pacific region if a new Special Measures Agreement is not reached before March 31, 2021; and
(F) any other matters the Secretary deems appropriate to include.
(2) FORM.—The report shall be unclassified without any designation relating to dissemination control, but may include a classified annex.
It is the sense of Congress that it is in the best interests of the stability of the region for Egypt, Ethiopia, and Sudan to immediately reach a just and equitable agreement regarding the filling and operation of the Grand Ethiopian Renaissance Dam.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, the Administrator of the United States Agency for International Development, the United States Ambassador to the United Nations, and relevant nongovernmental organizations, shall submit to the appropriate congressional committees a report on all comprehensive sanctions imposed on governments of foreign countries under any provision of law.
(b) Matters To be included.—The report required by subsection (a) shall include—
(1) an assessment of the effect of sanctions imposed on the government of each foreign country described in subsection (a) on—
(A) the ability of civilian population of the country to access water, sanitation, and public health services;
(B) the changes to the general mortality rate, maternal mortality rate, life expectancy, and literacy;
(C) the environmental impacts experienced by the country that may be associated with the sanctions, to include fossil fuel usage;
(D) the delivery of economic aid and development projects in the country;
(E) the extent to which there is an increase in refugees or migration to or from the country or an increase in internally displaced people in the country;
(F) the economic, political, and military impacts on the country;
(G) the reactions of the country to the imposed sanctions, including policy changes and internal sentiment;
(H) the degree of international compliance and non-compliance of the country; and
(I) the licensing of transactions to allow access to essential goods and services to vulnerable populations, including women, children, elderly individuals, and individuals with disabilities; and
(2) a description of the purpose of sanctions imposed on the government of each foreign country described in subsection (a) and the required legal or political authority, including—
(A) an assessment of United States national security;
(B) an assessment of whether the stated foreign policy goals of the sanctions are being met;
(C) the degree of international support or opposition that can be anticipated;
(D) an assessment of such sanctions on United States businesses and consumers;
(E) criteria for lifting the sanctions; and
(F) prospects for commitment to enforcing the sanctions.
(c) Updates of report.—The President shall submit to Congress an updated report under subsection (a)—
(1) not later than 1 year after the date of the enactment of this Act, and annually thereafter for 10 years; and
(2) with respect to a new comprehensive sanction imposed on a government of a foreign country under any provision of law, not later than 180 days after the date on which the sanctions are imposed on the government.
(d) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of the report shall be published on a publicly-available website of the Government of the United States.
(e) Review by Congress.—Upon receipt of the report required by subsection (a), Congress shall examine the report with a focus on the humanitarian impacts of comprehensive sanctions described in the report, including with respect to human rights, medical services, food and malnutrition and access to water, sanitation, and hygiene services.
(f) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.
(2) COMPREHENSIVE SANCTION.—The term “comprehensive sanctions” means any prohibition on significant commercial and financial activity with a foreign government that is imposed by the United States for reasons of foreign policy or national security.
No Federal funds may be obligated or expended to provide any United States security assistance or security cooperation to the defense, security, or police forces of the Government of Brazil to involuntarily relocate, including through coercion or the use of force, the indigenous or Quilombola communities in Brazil.
(a) Short title.—This section may be cited as the “U.S. Agency for Global Media Reform Act”.
(b) Sense of Congress.—It is the sense of Congress that the Office of Cuba Broadcasting should—
(1) remain an independent entity of the United States Agency for Global Media; and
(2) continue taking steps to ensure that the Office is fulfilling its core mission of promoting freedom and democracy by providing the people of Cuba with objective news and information programming.
(c) Authorities of the Chief Executive Officer; limitation on corporate leadership of grantees.—Section 305 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended—
(A) in paragraph (20), by inserting “in accordance with subsection (c)” before the period at the end;
(i) by striking “including with Federal officials,”; and
(ii) by inserting “in accordance with subsection (c)” before the period at the end;
(C) by adding at the end the following new paragraph:
“(A) require semi-annual content reviews of each language service of each surrogate network, consisting of a review of at least 10 percent of available weekly content, by fluent language speakers and experts without direct affiliation to the language service being reviewed, who are seeking any evidence of inappropriate or unprofessional content, which shall be submitted to the Office of Policy Research, the head and Board of the respective surrogate service, and the Chief Executive Officer; and
“(B) submit to the appropriate congressional committees a list of anomalous reports, including status updates on anomalous services during the 3-year period commencing on the date of receipt of the first report of biased, unprofessional, or otherwise problematic content.”;
(2) by adding at the end the following new subsection:
“(c) Limitation on corporate leadership of grantees.—
“(1) IN GENERAL.—The Chief Executive Officer may not award any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or any other grantee authorized under this title (collectively referred to as ‘Agency Grantee Networks’) unless the incorporation documents of any such grantee require that the corporate leadership and Board of Directors of such grantee be selected in accordance with this Act.
“(A) CHIEF EXECUTIVE OFFICER.—The Chief Executive Officer may not serve on any of the corporate boards of any grantee under subsection (a).
“(B) FEDERAL EMPLOYEES.—A full-time employee of a Federal agency may not serve on a corporate board of any grantee under subsection (a).
“(3) QUALIFICATIONS OF GRANTEE BOARD MEMBERS.—Individuals appointed under subsection (a) to the Board of Directors of any of the Agency Grantee Networks shall have requisite expertise in journalism, technology, broadcasting, or diplomacy, or appropriate language or cultural understanding relevant to the grantee’s mission.”.
(d) International Broadcasting Advisory Board.—Section 306 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6205) is amended—
(1) by striking subsections (a) through (c) and inserting the following:
“(a) In general.—The International Broadcasting Advisory Board (referred to in this section as the ‘Advisory Board’) shall advise the Chief Executive Officer of the United States Agency for Global Media, as appropriate. The Advisory Board as established shall exist within the executive branch as an entity described in section 104 of title 5, United States Code.
“(b) Composition of the Advisory Board.—
“(1) IN GENERAL.—The Advisory Board shall consist of seven members, of whom—
“(A) six shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (c); and
“(B) one shall be the Secretary of State.
“(2) CHAIR.—The President shall designate, with the advice and consent of the Senate, one of the members appointed under paragraph (1)(A) as Chair of the Advisory Board.
“(3) PARTY LIMITATION.—Not more than three members of the Advisory Board appointed under paragraph (1)(A) may be affiliated with the same political party.
“(A) IN GENERAL.—Except as provided in subparagraph (B), members of the Advisory Board shall serve for a single term of 4 years, except that, of the first group of members appointed under paragraph (1)(A)—
“(i) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Reform Act;
“(ii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Reform Act; and
“(iii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Reform Act.
“(B) SECRETARY OF STATE.—The Secretary of State shall serve as a member of the Advisory Board for the duration of his or her tenure as Secretary of State.
“(A) IN GENERAL.—The President shall appoint, with the advice and consent of the Senate, additional members to fill vacancies on the Advisory Board occurring before the expiration of a term.
“(B) TERM.—Any members appointed pursuant to subparagraph (A) shall serve for the remainder of such term.
“(C) SERVICE BEYOND TERM.—Any member whose term has expired shall continue to serve as a member of the Advisory Board until a qualified successor has been appointed and confirmed by the Senate.
“(D) SECRETARY OF STATE.—When there is a vacancy in the office of Secretary of State, the Acting Secretary of State shall serve as a member of the Advisory Board until a new Secretary of State is appointed.”;
(2) by redesignating subsection (d) as subsection (c);
(3) by amending subsection (c), as redesignated—
(A) in the subsection heading, by inserting “Advisory” before “Board”; and
(B) in paragraph (2), by inserting “who are” before “distinguished”; and
(4) by striking subsections (e) and (f) and inserting the following new subsections:
“(d) Functions of the Advisory Board.—The members of the Advisory Board shall—
“(1) provide the Chief Executive Officer of the United States Agency for Global Media with advice and recommendations for improving the effectiveness and efficiency of the Agency and its programming;
“(2) meet with the Chief Executive Officer at least four times annually, including twice in person as practicable, and at additional meetings at the request of the Chief Executive Officer or the Chair of the Advisory Board;
“(3) report periodically, or upon request, to the congressional committees specified in subsection (c)(2) regarding its advice and recommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming;
“(4) obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection;
“(5) consult with the Chief Executive Officer regarding budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress;
“(6) advise the Chief Executive Officer to ensure that—
“(A) the Chief Executive Officer fully respects the professional integrity and editorial independence of United States Agency for Global Media broadcasters, networks, and grantees; and
“(B) agency networks, broadcasters, and grantees adhere to the highest professional standards and ethics of journalism, including taking necessary actions to uphold professional standards to produce consistently reliable and authoritative, accurate, objective, and comprehensive news and information; and
“(7) provide other strategic input to the Chief Executive Officer.
“(e) Appointment of heads of networks.—
“(1) IN GENERAL.—The heads of Voice of America, the Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or of any other grantee authorized under this title may only be appointed or removed if such action has been approved by a majority vote of the Advisory Board.
“(2) REMOVAL.—After consulting with the Chief Executive Officer, five or more members of the Advisory Board may unilaterally remove any such head of network or grantee network described in paragraph (1).
“(A) IN GENERAL.—A quorum shall consist of four members of the Advisory Board (excluding the Secretary of State).
“(B) DECISIONS.—Except as provided in paragraph (2), decisions of the Advisory Board shall be made by majority vote, a quorum being present.
“(C) CLOSED SESSIONS.—The Advisory Board may meet in closed sessions in accordance with section 552b of title 5, United States Code.
“(1) IN GENERAL.—Members of the Advisory Board, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board under this section (including travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
“(2) TRAVEL EXPENSES.—While away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of such title for persons in the Government service employed intermittently.
“(3) SECRETARY OF STATE.—The Secretary of State is not entitled to any compensation under this title, but may be allowed travel expenses in accordance with paragraph (2).
“(g) Support staff.—The Chief Executive Officer shall, from within existing United States Agency for Global Media personnel, provide the Advisory Board with an Executive Secretary and such administrative staff and support as may be necessary to enable the Advisory Board to carry out subsections (d) and (e).”.
(e) Conforming amendments.—The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended—
(A) in the section heading, by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”;
(B) in subsection (a), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”;
(C) in subsection (b)(1), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”; and
(D) in subsection (c), by striking “Board” each place such term appears and inserting “Agency”;
(i) in paragraph (6), by striking “Board” and inserting “Agency”;
(ii) in paragraph (13), by striking “Board” and inserting “Agency”;
(iii) in paragraph (20), by striking “Board” and inserting “Agency”; and
(iv) in paragraph (22), by striking “Board” and inserting “Agency”;
(B) in subsection (b), by striking “Board” each place such term appears and inserting “Agency”;
(A) in subsection (a), in the matter preceding paragraph (1), by striking “Board” and inserting “Agency”;
(B) in subsection (b), by striking “Board” each place such term appears and inserting “Agency”;
(C) in subsection (d), by striking “Board” and inserting “Agency”;
(D) in subsection (g), by striking “Board” each place such term appears and inserting “Agency”;
(E) in subsection (h)(5), by striking “Board” and inserting “Agency”; and
(F) in subsection (i), in the first sentence, by striking “Board” and inserting “Agency”;
(A) in subsection (c)(1), by striking “Board” each place such term appears and inserting “Agency”;
(B) in subsection (e), in the matter preceding paragraph (1), by striking “Board” and inserting “Agency”;
(C) in subsection (f), by striking “Board” each place such term appears and inserting “Agency”; and
(D) in subsection (g), by striking “Board” and inserting “Agency”;
(5) in section 310(d), by striking “Board” and inserting “Agency”;
(6) in section 310A(a), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”;
(7) in section 310B, by striking “Board” and inserting “Agency”;
(8) by striking section 312;
(9) in section 313(a), in the matter preceding paragraph (1), by striking “Board” and inserting “Agency”;
(A) by striking “(4) the terms ‘Board and Chief Executive Officer of the Board’ means the Broadcasting Board of Governors” and inserting the following:
“(2) the terms ‘Agency’ and ‘Chief Executive Officer of the Agency’ mean the United States Agency for Global Media and the Chief Executive Officer of the United States Agency for Global Media, respectively,”; and
(i) by striking “includes—” and inserting “means the corporation having the corporate title described in section 308”; and
(ii) by striking subparagraphs (A) and (B); and
(A) in subsection (a)(1), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”; and
(B) in subsection (c), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”.
(f) Rulemaking.—Notwithstanding any other provision of law, the United States Agency for Global Media may not revise part 531 of title 22, Code of Federal Regulations, which took effect on June 11, 2020, without explicit authorization by an Act of Congress.
(g) Savings provisions.—Section 310 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended by adding at the end the following new subsections:
“(f) Maintenance of proprietary information.—No consolidation of grantees authorized under subsection (a) involving any grantee shall result in any legal transfer of ownership of any proprietary information or intellectual property to the United State Agency for Global Media or any other Federal entity.
“(g) Rule of construction.—No consolidation of grantees authorized under subsection (a) shall result in the consolidation of the Open Technology Fund or any successor entity with any other grantee.”.
(h) Rule of construction.—Nothing in the United States International Broadcasting Act of 1994 or any other provision of law may be construed to make the Open Technology Fund an entity authorized under such Act until the effective date of legislation authorizing the establishment of the Open Technology Fund.
(a) Findings and sense of Congress.—
(1) FINDINGS.—Congress makes the following findings:
(A) The Government of Turkey acquired the S–400 air and missile defense system from the Russian Federation beginning on July 12, 2019.
(B) Such acquisition was facilitated by Turkey’s Presidency of Defense Industries (SSB).
(2) SENSE OF CONGRESS.—It is the sense of Congress that it is in the national security interest of the United States—
(A) to deter aggression against North Atlantic Treaty Organization (NATO) allies by the Russian Federation or any other adversary;
(B) to continue to work with NATO allies to ensure they meet their alliance defense commitments, including through adequate and efficient investments in national defense;
(C) to work to maintain and strengthen the democratic institutions and practices of all NATO allies, in accordance with the goals of Article 2 of the North Atlantic Treaty;
(D) to ensure that Turkey remains a critical NATO ally and important military partner for the United States, contributing to key NATO and United States missions and providing support for United States military operations and logistics needs;
(E) to assist NATO allies in acquiring and deploying modern, NATO-interoperable military equipment and reducing their dependence on Russian or former Soviet-era defense articles;
(F) to promote opportunities to strengthen the capacity of NATO member states to counter Russian malign influence; and
(G) to enforce fully the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9401 et seq.), including by imposing sanctions with respect to any person that the President determines knowingly engaged in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, as described in section 231 of that Act.
(b) Determination.—The acquisition by the Government of Turkey of the S–400 air and missile defense system from the Russian Federation beginning on July 12, 2019, shall constitute a significant transaction as described in section 231 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9525).
(c) Sanctions.—Not later than 30 days after the date of the enactment of this Act, the President shall impose five or more of the sanctions described in section 235 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to the Government of Turkey’s acquisition of the S–400 air and missile defense system from the Russian Federation.
(d) Exception relating to importation of goods.—
(1) IN GENERAL.—Notwithstanding any other provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) GOOD DEFINED.—In this subsection, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(e) Termination.—The President may terminate the imposition of sanctions required under this section with respect to a person if the President submits to the appropriate congressional committees a certification that—
(1) the Government of Turkey and any person acting on its behalf no longer possesses the S–400 air and missile defense system and no such system or successor system is operated or maintained by Russian nationals, or persons acting on behalf of the Government of the Russian Federation, in Turkey; and
(2) the President has received reliable assurances from the Government of Turkey that the Government of Turkey will not knowingly engage, or allow any foreign person to engage on its behalf, in any activity subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act in the future.
(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report on incidents of arbitrary detention, violence, and state-sanctioned harassment by the Government of Egypt against United States citizens and their family members who are not United States citizens, in both Egypt and in the United States.
(b) Matters To be included.—The report required by subsection (a) shall include the following:
(1) A detailed description of such incidents in the past three years.
(2) A certification of whether such incidents constitute a “pattern of acts of intimidation or harassment” for purposes of a Presidential determination in accordance with section 6 of the Arms Export Control Act (22 U.S.C. 2756).
(3) A statement of the Secretary of State’s intent with regard to cancelling or suspending any letters of offer, credits, guarantees, or export licenses accorded to the Government of Egypt in accordance with the provisions of section 6 of such Act.
(4) Any other actions taken to meaningfully deter incidents of intimidation or harassment against Americans and their families by such government’s security agencies.
(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but the portions of the report described in paragraphs (2), (3), and (4) of subsection (b) may contain a classified annex, so long as such annex is provided separately from the unclassified report.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(a) Sense of Congress.—It is the sense of Congress that it is in the interest of the United States to promote global internet freedom by countering internet censorship and repressive surveillance and protect the internet as a platform for the free exchange of ideas, promotion of human rights and democracy, and advancement of a free press and to support efforts that prevent the deliberate misuse of the internet to repress individuals from exercising their rights to free speech and association, including countering the use of such technologies by authoritarian regimes.
(b) Establishment.—The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after section 309 the following new section:
“SEC. 309A. Open Technology Fund.
“(1) IN GENERAL.—Grants authorized under section 305 shall be available to make annual grants for the purpose of promoting, consistent with United States law, unrestricted access to uncensored sources of information via the internet to enable journalists, including journalists employed by or affiliated with the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, the Office of Cuba Broadcasting, or any entity funded by or partnering with the United States Agency for Global Media, to create and disseminate, and for their audiences to receive, news and information consistent with the purposes, standards, and principles specified in sections 302 and 303.
“(2) ESTABLISHMENT.—There is established a grantee entity to be known as the ‘Open Technology Fund’, which shall carry out the provisions of this section.
“(b) Functions of the grantee.—In furtherance of the mission set forth in subsection (a), the Open Technology Fund shall seek to advance freedom of the press and unrestricted access to the internet in repressive environments oversees, and shall—
“(1) research, develop, implement, and maintain—
“(A) technologies that circumvent techniques used by authoritarian governments, nonstate actors, and others to block or censor access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used to limit or block legitimate access to content and information; and
“(B) secure communication tools and other forms of privacy and security technology that facilitate the creation and distribution of news and enable audiences to access media content on censored websites;
“(2) advance internet freedom by supporting private and public sector research, development, implementation, and maintenance of technologies that provide secure and uncensored access to the internet to counter attempts by authoritarian governments, nonstate actors, and others to improperly restrict freedom online;
“(3) research and analyze emerging technical threats and develop innovative solutions through collaboration with the private and public sectors to maintain the technological advantage of the United States Government over authoritarian governments, nonstate actors, and others;
“(4) develop, acquire, and distribute requisite internet freedom technologies and techniques for the United States Agency for Global Media, including as set forth in paragraph (1), and digital security interventions, to fully enable the creation and distribution of digital content between and to all users and regional audiences;
“(5) prioritize programs for countries the governments of which restrict freedom of expression on the internet, and that are important to the national interest of the United States, and are consistent with section 7050(b)(2)(C) of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94); and
“(6) carry out any other effort consistent with the purposes of this Act or press freedom overseas if requested or approved by the United States Agency for Global Media.
“(c) Methodology.—In carrying out subsection (b), the Open Technology Fund shall—
“(1) support fully open-source tools, code, and components, to the extent practicable, to ensure such supported tools and technologies are as secure, transparent, and accessible as possible, and require that any such tools, components, code, or technology supported by the Open Technology Fund remain fully open-source, to the extent practicable;
“(2) support technologies that undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefitting from programs supported by the Open Technology Fund;
“(3) review and update periodically as necessary security auditing procedures used by the Open Technology Fund to reflect current industry security standards;
“(4) establish safeguards to mitigate the use of such supported technologies for illicit purposes;
“(5) solicit project proposals through an open, transparent, and competitive application process to attract innovative applications and reduce barriers to entry;
“(6) seek input from technical, regional, and subject matter experts from a wide range of relevant disciplines, to review, provide feedback, and evaluate proposals to ensure the most competitive projects are funded;
“(7) implement an independent review process, through which proposals are reviewed by such experts to ensure the highest degree of technical review and due diligence;
“(8) maximize cooperation with the public and private sectors, as well as foreign allies and partner countries, to maximize efficiencies and eliminate duplication of efforts; and
“(9) utilize any other methodology approved by the United States Agency for Global Media in furtherance of the mission of the Open Technology Fund.
“(d) Grant agreement.—Any grant agreement with or grants made to the Open Technology Fund under this section shall be subject to the following limitations and restrictions:
“(1) The headquarters of the Open Technology Fund and its senior administrative and managerial staff shall be located in a location which ensures economy, operational effectiveness, and accountability to the United States Agency for Global Media.
“(2) Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be used only for activities consistent with this section, and that failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States.
“(3) Any grant agreement under this section shall require that any contract entered into by the Open Technology Fund shall specify that all obligations are assumed by the grantee and not by the United States Government.
“(4) Any grant agreement under this section shall require that any lease agreements entered into by the Open Technology Fund shall be, to the maximum extent possible, assignable to the United States Government.
“(5) Administrative and managerial costs for operation of the Open Technology Fund should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if the Open Technology Fund had been operated as a Federal entity rather than as a grantee.
“(6) Grant funds may not be used for any activity the purpose of which is influencing the passage or defeat of legislation considered by Congress.
“(e) Relationship to the United States Agency for Global Media.—
“(1) IN GENERAL.—The Open Technology Fund shall be subject to the same oversight and governance by the United States Agency for Global Media as other grantees of the Agency as set forth in section 305.
“(2) ASSISTANCE.—The United States Agency for Global Media, its broadcast entities, and the Open Technology Fund should render assistance to each other as may be necessary to carry out the purposes of this section or any other provision of this Act.
“(3) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing in this section may be construed to make the Open Technology Fund a Federal agency or instrumentality.
“(4) DETAILEES.—Under the Intergovernmental Personnel Act, employees of a grantee of the United States Agency for Global Media may be detailed to the Agency, and Federal employees may be detailed to a grantee of the United States Agency for Global Media.
“(f) Relationship to other United States Government-Funded internet freedom programs.—The United States Agency for Global Media shall ensure that internet freedom research and development projects of the Open Technology Fund are coordinated with internet freedom programs of the Department of State and other relevant United States Government departments, in order to share information and best-practices relating to the implementation of subsections (b) and (c).
“(1) ANNUAL REPORT.—The Open Technology Fund shall highlight, in its annual report, internet freedom activities, including a comprehensive assessment of the Open Technology Fund’s activities relating to the implementation of subsections (b) and (c). Each such report shall include the following:
“(A) An assessment of the current state of global internet freedom, including trends in censorship and surveillance technologies and internet shutdowns, and the threats such pose to journalists, citizens, and human rights and civil-society organizations.
“(B) A description of the technology projects supported by the Open Technology Fund and the associated impact of such projects in the prior year, including the countries and regions in which such technologies were deployed, and any associated metrics indicating audience usage of such technologies, as well as future-year technology project initiatives.
“(2) ASSESSMENT OF THE EFFECTIVENESS OF THE OPEN TECHNOLOGY FUND.—Not later than 2 years after the date of the enactment of this section, the Inspector General of the Department of State and the Foreign Service shall submit to the appropriate congressional committees a report on the following:
“(A) Whether the Open Technology Fund is technically sound and cost effective.
“(B) Whether the Open Technology Fund is satisfying the requirements of this section.
“(C) The extent to which the interests of the United States are being served by maintaining the work of the Open Technology Fund.
“(1) IN GENERAL.—Financial transactions of the Open Technology Fund, as such relate to functions carried out under this section, may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places at which accounts of the Open Technology Fund are normally kept.
“(2) ACCESS BY GAO.—The Government Accountability Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by the Open Technology Fund pertaining to financial transactions as may be necessary to facilitate an audit. The Government Accountability Office shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of the Open Technology Fund shall remain in the possession and custody of the Open Technology Fund.
“(3) EXERCISE OF AUTHORITIES.—Notwithstanding any other provision of law, the Inspector General of the Department of State and the Foreign Service is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to the Open Technology Fund.”.
(c) Conforming amendments.—The United States International Broadcasting Act of 1994 is amended—
(1) in section 304(d) (22 U.S.C. 6203(d)), by inserting “the Open Technology Fund,” before “the Middle East Broadcasting Networks”;
(2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by inserting “the Open Technology Fund,” before “or the Middle East Broadcasting Networks” each place such term appears; and
(3) in section 310 (22 U.S.C. 6209), by inserting “the Open Technology Fund,” before “and the Middle East Broadcasting Networks” each place such term appears.
(d) Authorization of appropriations.—There is authorized to be appropriated for the Open Technology Fund $25,000,000 for fiscal year 2022 to carry out section 309A of the United States International Broadcasting Act of 1994, as added by subsection (b) of this section.
(e) Effective date.—Section 309A of the United States International Broadcasting Act of 1994 (as added by subsection (b) of this section) and subsections (c) and (d) of this section shall take effect and apply beginning on July 1, 2021.
(a) Findings.—Congress finds that—
(1) at least 45 medical institutions in the United States have provided medical services to citizens of Kuwait; and
(2) despite providing care for their citizens, Kuwait has not paid amounts owed to such United States medical institutions for such services in over 2 years.
(b) Sense of Congress.—It is the sense of Congress that—
(1) Kuwait is an important partner of the United States in the Middle East and both countries should find ways to address irritants in the bilateral relationship;
(2) the United States should seek a resolution with Kuwait regarding the outstanding amounts Kuwait owes to United States medical institutions for medical services provided to citizens of Kuwait, especially during the Coronavirus Disease 2019 (“COVID–19”) pandemic; and
(3) Kuwait should immediately pay such outstanding amounts owed to such United States medical institutions.
(a) Statement of policy.—It is the policy of the United States to—
(1) encourage the protection and promotion of internationally recognized human rights at home and abroad at all times and especially during the novel coronavirus pandemic;
(2) support freedom of expression and freedom of the press in the United States and elsewhere, which are critical to ensuring public dissemination of, and access to, accurate information about the novel coronavirus pandemic, including information authorities need to enact science-based policies that limit the spread and impact of the virus, while protecting human rights;
(3) support multilateral efforts to address the novel coronavirus pandemic; and
(4) oppose the use of the novel coronavirus pandemic as a justification for the enactment of laws and policies that use states of emergency to violate or otherwise restrict the human rights of citizens, inconsistent with the principles of limitation and derogation, and without clear scientific or public health justifications, including the coercive, arbitrary, disproportionate, or unlawful use of surveillance technology.
(b) Sense of Congress.—It is the sense of Congress that—
(1) the United States should lead the international community in its efforts to respond to the novel coronavirus pandemic;
(2) the United States, in implementing emergency policies at home and through its diplomacy, foreign assistance, and security cooperation, should promote the protection of internationally recognized human rights during and after the novel coronavirus pandemic;
(3) foreign assistance and security cooperation provided by the Department of State, the United States Agency for International Development (USAID), and the Department of Defense, whether implemented directly or through nongovernmental organizations or international organizations, should—
(A) support democratic institutions, civil society, free media, and other internationally recognized human rights during, and in the aftermath of, the novel coronavirus pandemic;
(B) ensure attention to countries in which the government’s response to the pandemic violated human rights and democratic norms; and
(C) incentivize foreign military and security force units to abide by their human rights obligations, and in no way contribute to human rights violations; and
(4) in implementing emergency policies in response to the novel coronavirus pandemic—
(A) governments should fully respect and comply with internationally recognized human rights, including the rights to life, liberty, and security of the person, the freedoms of movement, religion, speech, peaceful assembly, association, freedom of expression and of the press, and the freedom from arbitrary detention, discrimination, or invasion of privacy;
(B) emergency restrictions or powers that impact internationally recognized human rights, including the rights to freedom of assembly, association, and movement should be—
(i) grounded in law, narrowly tailored, proportionate, and necessary to the government’s legitimate goal of ending the pandemic;
(ii) limited in duration;
(iii) clearly communicated to the population;
(iv) subject to independent government oversight; and
(v) implemented in a nondiscriminatory and fully transparent manner;
(i) should not place any limits or other restrictions on, or criminalize, the free flow of information; and
(ii) should make all efforts to provide and maintain open access to the internet and other communications platforms;
(D) emergency measures should not discriminate against any segment of the population, including minorities, vulnerable individuals, and marginalized groups;
(E) monitoring systems put in place to track and reduce the impact of the novel coronavirus should, at a minimum—
(i) abide by privacy best practices involving data anonymization and aggregation;
(ii) be administered in an open and transparent manner;
(iii) be scientifically justified and necessary to limit the spread of disease;
(iv) be employed for a limited duration of time in correspondence with the system’s public health objective;
(v) be subject to independent oversight;
(vi) incorporate reasonable data security measures; and
(vii) be firewalled from other commercial and governmental uses, such as law enforcement and the enforcement of immigration policies; and
(F) governments should take every feasible measure to protect the administration of free and fair elections.
(c) Report on countering disinformation.—Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report on all actions taken by the United States Government to counter disinformation and disseminate accurate information abroad related to the novel coronavirus pandemic.
(d) Report on human rights.—Not later than 90 days after the date on which the World Health Organization declares that the novel coronavirus pandemic has ended, and having consulted with the appropriate congressional committees, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that—
(1) identifies the countries in which emergency measures or other legal actions taken in response to the novel coronavirus pandemic were inconsistent with the principles described in subsection (b)(4) or otherwise limited internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation extended beyond the end of the novel coronavirus pandemic;
(2) identifies the countries in which such measures or actions continued beyond the end of the novel coronavirus pandemic;
(3) for the countries identified pursuant to paragraph (1), describes such emergency measures, including—
(A) how such measures violated or seriously undermined internationally recognized human rights; and
(B) the impact of such measures on—
(i) the government’s efforts and ability to control the pandemic within the country;
(ii) the population’s access to health care services;
(iii) the population’s access to services for survivors of violence and abuse;
(iv) women and ethnic, religious, sexual, and other minority, vulnerable, or marginalized populations; and
(v) military-to-military activities, exercises, or joint operations, including the number and type of bilateral and multilateral military events, cancelled or adjusted, the type of joint Special Security Agreement or Security Cooperation activity, and the reason for cancellation;
(A) any surveillance measures implemented or utilized by the governments of such countries as part of the novel coronavirus pandemic response;
(B) the extent to which such measures have been, or have not been, rolled back; and
(C) whether and how such measures impact internationally recognized human rights;
(5) indicates whether any foreign person or persons within a country have been determined to have committed gross violations of internationally recognized human rights during the novel coronavirus pandemic response, including a description of any resulting sanctions imposed on such persons under United States law; and
(6) provides recommendations relating to the steps the United States Government should take, through diplomacy, foreign assistance, and security cooperation, to address the persistent issues related to internationally recognized human rights in the aftermath of the novel coronavirus pandemic.
(e) Conditioning of security sector assistance.—Section 502B(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is amended—
(1) in subparagraph (A), by striking “or” at the end;
(2) in subparagraph (B), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following:
“(C) has engaged in the systematic violation of internationally recognized human rights through the use of emergency laws, policies, or administrative procedures.”.
(f) Department of Defense guidance.—Not later 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance that the program of assessment, monitoring, and evaluation in support of the security cooperation programs and activities maintained by the Department of Defense in accordance with section 383 of title 10, United States Code, and intelligence collections requirements of the combatant commands shall include, for the next 5 fiscal years, indicators of whether partner security forces have taken advantage of the novel coronavirus pandemic and public health control measures to—
(1) control, limit, or profit from the distribution or supply of medical supplies, food, water, and other essential goods;
(2) undermine civilian and parliamentary control or oversight of security forces;
(3) limit ability of civilian government authorities to execute essential functions, including civilian policing, justice delivery, detentions, or other forms of essential community-level government service delivery;
(4) expand solicitation of bribes or compensation for use of or access to key transportation nodes or networks, including roadways and ports;
(5) take control of media distribution or otherwise limit the exercise of freedom of the press or distribution of radio, internet, or other broadcast media;
(6) deepen religious or ethnic favoritism in delivery of security, justice, or other essential government services; or
(7) otherwise undermine or violate internationally recognized human rights in any way determined of concern by the Secretary.
(g) Country reports on human rights practices.—The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection:
“(h) Human rights violations due to misuse of emergency powers and surveillance technology.—The report required by subsection (d) shall include, wherever applicable, a description of any misuse by the government of any country of any emergency powers or measures, or any development or proliferation of any surveillance technologies, that violated or seriously undermined internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation, including the following information:
“(1) Any failure by the government of any country to clearly articulate the purpose of emergency powers or measures, or to specify the duration of such powers or measures, or to notify the United Nations regarding the use of such powers, as required by applicable treaty.
“(2) Any failure by the government of any country to abide by the stated purposes of emergency powers or measures, or to cease the use of such powers after any specified term expires.
“(3) Any violations by the government of any country of non-derogable rights due to the implementation of emergency powers or measures.
“(4) Any discriminatory implementation by the government of any country of emergency powers or measures, the populations affected, and the impact on such populations.
“(5) Any development or proliferation of surveillance technologies, including new or emerging technologies used by the government of a country in the surveillance of civilian populations, that—
“(A) fail to abide by privacy best practices involving data anonymization and aggregation;
“(B) are not administered in an open and transparent manner;
“(C) are not subject to independent oversight; and
“(D) fail to incorporate reasonable data security measures.”.
(2) In section 502B(b) (22 U.S.C. 2304(b)), by—
(A) redesignating the second subsection (i) (relating to child marriage) as subsection (j); and
(B) adding at the end the following new subsection:
“(k) Human rights violations due to misuse of emergency powers and surveillance technology.—The report required by subsection (b) shall include, wherever applicable, a description of any misuse by the government of any country of any emergency powers or measures, or any development or proliferation of any surveillance technologies, that violated or seriously undermined internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation, including the following information:
“(1) Any failure by the government of any country to clearly articulate the purpose of emergency powers or measures, or to specify the duration of such powers or measures, or to notify the United Nations regarding the use of such powers, as required by applicable treaty.
“(2) Any failure by the government of any country to abide by the stated purposes of emergency powers or measures, or to cease the use of such powers after any specified term expires.
“(3) Any violations by the government of any country of non-derogable rights due to the implementation of emergency powers or measures.
“(4) Any discriminatory implementation by the government of any country of emergency powers or measures, the populations affected, and the impact on such populations.
“(5) Any development or proliferation of surveillance technologies, including new or emerging technologies used by the government of a country in the surveillance of civilian populations, that—
“(A) fail to abide by privacy best practices involving data anonymization and aggregation;
“(B) are not administered in an open and transparent manner;
“(C) are not subject to independent oversight; and
“(D) fail to incorporate reasonable data security measures.”.
(h) Definition.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
(a) Statement of Congress.—Congress—
(1) affirms the importance of United States leadership in ensuring global respect and protection for all health care workers, vehicles and equipment, and health care facilities, during times of armed conflict or other situations of violence;
(2) deeply regrets that health care workers, vehicles and equipment, health care facilities, and the sick and wounded are too often attacked, assaulted or subjected to violence in and outside of situations of armed conflict, and expresses support for health care workers around the world providing impartial care in and outside of armed conflict;
(3) affirms support for the right to freedom of assembly and rejects the targeting, harming, or endangering of health care workers, vehicles or equipment, health care facilities, or the sick and wounded during times of civil protest or unrest; and
(4) urges the United States Government to strengthen its global leadership role to protect health care in armed conflict and other situations of violence, in accordance with the Geneva Conventions of 1949 and United Nations Security Council Resolution 2286 of May 3, 2016, through—
(A) United States diplomatic channels;
(B) appropriately leveraging United States security cooperation to ensure that United States military partners protect health care; and
(C) the development of practical guidance for the United State Armed Forces on protecting health care in armed conflict and other situations of violence.
(b) Statement of policy.—It is the policy of the United States—
(1) to ensure that Department of Defense orders and military guidance are consistent with international humanitarian law recognized by the United States as binding by treaty or custom; and
(2) to encourage United States military partners to integrate similar measures to protect health care into the planning and conduct of operations.
(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees the results of the review requested on October 3, 2016, by then Secretary of Defense Ashton Carter, of compliance of all relevant Department of Defense orders, rules of engagement, directives, regulations, policies, practices, and procedures, with the “Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts”.
(2) IF REVIEW NOT COMPLETED.—If such review has not been completed, the Secretary of Defense—
(A) shall complete the review in accordance with the original request; and
(B) shall, not later than 120 days after the date of the enactment of this Act, provide the results of the review to the appropriate congressional committees.
(3) MATTERS TO BE INCLUDED.—Such review shall include the following:
(A) A description of the Department of Defense orders, rules of engagement, directives, regulations, policies, practices, and procedures that were reviewed, including checkpoint practices, hospital searches, precautions concerning attacks on health care facilities that have lost legal protection, treatment of the wounded and sick, or any other guidance, and training or standard operating procedures relating to the protection of health care during armed conflict.
(B) An identification of any changes or adjustments to orders, guidance, policies, or procedures that were made as a result of such review and a description of such changes or adjustments.
(4) DEFINITION.—In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(a) Sense of Congress.—It is the sense of Congress that—
(1) the United States recognizes Colombia as a key regional partner committed to promoting democracy, human rights, and security and remains committed to supporting areas of mutual interest outlined under Plan Colombia;
(2) no military or intelligence equipment or supplies transferred or sold to the Government of Colombia under United States security sector assistance programs should be used for purposes of unlawful surveillance or intelligence gathering directed at the civilian population, including human rights defenders, judicial personnel, journalists or the political opposition;
(3) the United States should encourage accountability through full and transparent investigation, as appropriate, and prosecution under applicable law of individuals in Colombia responsible for conducting unlawful surveillance or intelligence gathering; and
(4) the United States, through its diplomacy, foreign assistance, and United States security sector assistance programs, should consistently and at all times promote the protection of internationally-recognized human rights in Colombia, including by incentivizing the Colombian Government, its military, police, security, and intelligence units, to abide by their human rights obligations.
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report that assesses allegations that United States security sector assistance provided to the Government of Colombia was used by or on behalf of the Government of Colombia for purposes of unlawful surveillance or intelligence gathering directed at the civilian population, including human rights defenders, judicial personnel, journalists, and the political opposition.
(2) MATTERS TO BE INCLUDED.—The report required by this subsection shall include the following:
(A) A detailed summary of findings in regard to any involvement by Colombian military, police, security, or intelligence units in unlawful surveillance or intelligence gathering directed at sectors of the civilian population and non-combatants from 2002 through 2018.
(B) Any findings in regard to any unlawful surveillance or intelligence gathering alleged or reported to have been carried out by Colombian military, police, security, or intelligence units in 2019 and 2020 and an assessment of the full extent of such activities, including identification of units involved, relevant chains of command, and the nature and objectives of such surveillance or intelligence gathering.
(C) A detailed description of any use of United States security sector assistance for such unlawful surveillance or intelligence gathering.
(D) Full information on the steps taken by the Department of State, the Department of Defense, or the Office of the Director of National Intelligence in response to any misuse or credible allegations of misuse of United States security sector assistance, including—
(i) any application of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) or section 362 of title 10, United States Code (commonly referred to as the “Leahy Laws”);
(ii) any consideration of the implementation of mandatory “snap-back” of United States security assistance found to have been employed by the Colombian Government or any dependency thereof for such unlawful surveillance or intelligence gathering; and
(iii) a description of measures taken to ensure that such misuse does not recur in the future.
(E) Full information on the steps taken by the Colombian Government and all relevant Colombian authorities in response to any misuse or credible allegations of misuse of United States security sector assistance, including a description of measures taken to ensure that such misuse of military or intelligence equipment or supplies does not recur in the future.
(F) An analysis of the adequacy of Colombian military and security doctrine and training for ensuring that surveillance and intelligence gathering operations are conducted in accordance with the Government of Colombia’s international human rights obligations and any additional assistance and training that the United States can provide to strengthen adherence by Colombian military and security forces to international human rights obligations.
(3) FORM.—The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.
(2) INTELLIGENCE COMMUNITY.—The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) UNITED STATES SECURITY SECTOR ASSISTANCE.—The term “United States security sector assistance” means a program authorized under—
(A) section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) and administered by the Department of State;
(B) section 301 of title 10, United States Code, or any national defense authorization Act and administered by the Department of Defense; or
(C) any law administered by the intelligence community.
(4) UNLAWFUL SURVEILLANCE OR INTELLIGENCE GATHERING.—The term “unlawful surveillance or intelligence gathering” means surveillance or intelligence gathering—
(A) prohibited under applicable Colombian law or international law recognized by Colombia;
(B) undertaken without legally required judicial oversight, warrant or order; or
(C) undertaken in violation of internationally recognized human rights.
Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214) is amended, in the third sentence, by inserting “from a family member of a member of the uniformed services proceeding abroad whose travel and transportation is provided under section 481h of title 37, United States Code;” after “funeral or memorial service for such member;”.
(a) Report required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees a report regarding the political, economic, health, and humanitarian crisis in Venezuela, and its implications for United States national security and regional security and stability.
(b) Elements of report.—The report required by subsection (a) shall include, at a minimum, the following:
(1) An assessment of how the multifaceted crisis in Venezuela and the resulting migration of millions of citizens from Venezuela to neighboring countries, including Brazil, Colombia, Ecuador, and Peru, affects regional security and stability.
(2) An assessment of whether, and to what degree, the situation in Venezuela has affected drug trafficking trends in the region, including by creating a more permissive environment in Venezuela for drug trafficking organizations and other criminal actors to operate.
(3) An assessment of the influence of external actors in Venezuela, including the Government of the People’s Republic of China, the Government of Cuba, the Government of Iran, and the Government of the Russian Federation.
(4) An assessment of how, and to what degree, the COVID–19 pandemic in Venezuela has affected, or is likely to affect, the health and humanitarian situation in Venezuela and regional security and stability.
(5) Any other matters the Secretary of State or Secretary of Defense determines should be included.
(c) Form.—The report required by subsection (a) shall be submitted in both classified and unclassified form.
(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;
(2) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives;
(3) the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the Senate and the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the House of Representatives; and
(4) the Subcommittee on Defense of the Committee on Appropriations of the Senate and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
None of the amounts authorized to be appropriated or otherwise made available by this Act may be made available to directly conduct aerial fumigation in Colombia unless there are demonstrated actions by the Government of Colombia to adhere to national and local laws and regulations.
(a) Sense of Congress.—It is the sense of Congress that the United States should—
(1) support the Government of the Republic of Georgia’s continued development of democratic values, path to electoral reform, commitment to combating corruption, and efforts to ensure the Georgian private sector upholds internationally recognized standards, including welcoming and protecting foreign direct investment; and
(2) continue to work closely with the Government of Georgia on defense and security cooperation to include increasing Georgia’s defense capabilities, interoperability with partner nations, adherence to the rules of war, and strengthening of defense institutions.
(b) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains—
(1) an analysis of whether or not the Government of Georgia is taking effective steps to strengthen democratic institutions in Georgia; and
(2) an analysis of whether or not the Government of Georgia is—
(A) effectively implementing electoral reform;
(B) respecting the independence of the judiciary, including independence from legislative or executive interference;
(C) effectively implementing the necessary policies to ensure accountability and transparency, including unfettered access to public information;
(D) protecting the rights of civil society, opposition political parties, and the independence of the media; and
(E) any other matters the Secretary determines to be appropriate.
(a) Assessment.—The Secretary of Defense, in consultation with relevant Federal departments and agencies, shall prepare an assessment on the People’s Liberation Army of the People’s Republic of China 2035 modernization targets that includes—
(1) how such modernization could impact the effectiveness of Taiwan’s self-defense capabilities;
(2) how such modernization could impact United States interests, including those articulated in the Taiwan Relations Act (22 U.S.C 3301 et. seq.) to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan; and
(3) any other matters the Secretary determines appropriate.
(b) Briefing.—Not later than 180 days after the enactment of this Act, the Secretary of Defense shall provide the assessment in a classified, written report to—
(1) the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
(a) Statement of policy.—It is the policy of the United States that the Department of State, in coordination with the Department of Defense and the United States Agency for International Development, should address global fragility, as required by the Global Fragility Act of 2019 and, to the extent practicable, incorporate the prevention of atrocities and mitigation of fragility into security assistance and cooperation planning and implementation for covered foreign countries.
(b) In general.—The Secretary of State, in consultation with chiefs of mission and the Administrator of the United States Agency for International Development, shall ensure that the Department of State’s Atrocity Assessment Framework is factored into the Integrated Country Strategy and the Country Development Cooperation Strategy where appropriate for covered foreign countries.
(c) Report.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on its efforts to prevent atrocities in covered foreign countries.
(d) Stakeholder consultation.—Consistent with section 504(b) of the Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the Secretary of State and other relevant agencies may consult with credible representatives of civil society with experience in atrocities prevention and national and local governance entities, as well as relevant international development organizations with experience implementing programs in fragile and violence-affected communities, multilateral organizations and donors, and relevant private, academic, and philanthropic entities, as appropriate, in identifying covered foreign countries as defined in this section.
(e) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(2) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means a foreign country that is not listed as a priority country under the Global Fragility Initiative but remains among the top 30 most at risk countries for new onset of mass killing, according to the Department of State’s internal assessments, and in consultation with the appropriate congressional committees.
Not later than 90 days after the date of enactment of this Act, the Director of the Peace Corps shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes the efforts of the Peace Corps to—
(1) offer a return to service to each Peace Corps volunteer and trainee whose service ended on March 15, 2020 (or earlier, in the case of volunteers who were serving China and Mongolia), due to the COVID–19 public health emergency;
(2) obtain approval from countries, as is safe and appropriate, to return volunteers and trainees to countries of service, predicated on the ability for volunteers and trainees to return safely and legally;
(3) provide adequate measures necessary for the safety and health of volunteers and trainees and develop contingency plans in the event overseas operations are disrupted by future COVID–19 outbreaks;
(4) develop and maintain a robust volunteer cohort; and
(5) identify the need for anticipated additional appropriations or new statutory authorities and changes in global conditions that would be necessary to achieve the goal of safely enrolling 7,300 Peace Corps volunteers during the 1-year period beginning on the date on which Peace Corps operations resume.
(a) Transfers by grant.—The President is authorized to transfer to the Government of Egypt the OLIVER HAZARD PERRY class guided missile frigates ex-USS CARR (FFG–52) and ex-USS ELROD (FFG–55) on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) upon submitting to the appropriate congressional committees a certification described in subsection (b).
(b) Certification.—A certification described in this subsection is a certification of the following:
(1) The President has received reliable assurances that the Government of Egypt and any Egyptian state-owned enterprise—
(A) are not engaged in activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9401 et seq.), including activity related to Russian Su–35 warplanes; and
(B) will not knowingly engage in activity subject to sanctions under such Act in the future.
(2) The Egyptian forces that will man the vessels described in subsection (a) will be subject to the requirements of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and section 362 of title 10, United States Code (commonly referred to as the “Leahy laws”), and to other human rights vetting requirements to ensure that United States-funded assistance is not provided to Egyptian security forces that have committed gross violations of internationally recognized human rights.
(3) The President has received reliable assurances that the vessels described in subsection (a) will not be used in any military operation in Libya or Libyan territorial waters, except for those operations conducted in coordination with the United States.
(c) Violations.—If the President determines after the transfer of a vessel described in subsection (a) that the conditions described in subsection (b) are no longer being met, the President shall apply the provisions of section 3(c) of the Arms Export Control Act (22 U.S.C. 2753(c)) with respect to Egypt to the same extent and in the same manner as if Egypt had committed a violation described in paragraph (1) of such section.
(d) Grants not counted in annual total of transferred excess defense articles.—The value of a vessel transferred to the Government of Egypt on a grant basis pursuant to authority provided under subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516(g) of such Act (22 U.S.C. 2321j(g)).
(e) Costs of transfers.—Notwithstanding section 516(e) of such Act (22 U.S.C. 2321j(e)), any expense incurred by the United States in connection with a transfer authorized under subsection (a) shall be charged to the Government of Egypt.
(f) Repair and refurbishment in United States shipyards.—To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under subsection (a), that the Government of Egypt have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of Egypt, performed at a shipyard located in the United States, including a United States Navy shipyard.
(g) Expiration of authority.—The authority to transfer a vessel under subsection (a) shall expire at the end of the 3-year period beginning on the date of the enactment of this Act.
(h) Report.—Not later than 30 days before the transfer of a vessel described in subsection (a), the President shall submit to the appropriate congressional committees a report on how the transfer of the vessel will help to alleviate United States mission requirements in the Mediterranean Sea, the Bab el Mandeb Strait, and the Red Sea.
(i) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(a) Limitation.—The Secretary of State may not provide to the President, and the President may not submit to Congress, a Nuclear Proliferation Assessment Statement described in subsection (a) of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with respect to a proposed cooperation agreement with any country that has not signed and implemented an Additional Protocol with the International Atomic Energy Agency, other than a country with which, as of July 1, 2020, there is in effect a civilian nuclear cooperation agreement pursuant to such section 123.
(b) Waiver.—The limitation under subsection (a) shall be waived with respect to a particular country if—
(1) the President submits to the appropriate congressional committees a request to enter into a proposed cooperation agreement with such country that includes a report describing the manner in which such agreement would advance the national security and defense interests of the United States and not contribute to the proliferation of nuclear weapons; and
(2) there is enacted a joint resolution approving the waiver of such limitation with respect to such agreement.
(c) Form.—The report described in subsection (b) shall be submitted in unclassified form but may include a classified annex.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(3) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(a) Report.—Not later than 90 days after enactment of this act, the Secretary of Defense and the Secretary of State, in coordination with other appropriate officials, shall jointly submit to the appropriate congressional committees a report containing a comprehensive assessment of ongoing support and a strategy for future cooperation between the United States government and the Mexican security forces including the Mexican National Guard, federal, state, and municipal law enforcement.
(b) Matters To be included.—The report under subsection (a) shall include, at minimum, the following:
(1) Department of Defense and Department of State strategy and timeline for assistance to Mexican security forces, including detailed areas of assistance and a plan to align the strategy with Mexican government priorities.
(2) Description of the transfer of U.S.-supported equipment from the Federal Police and armed forces to the National Guard, if any, and any resources originally provided for the Federal Police and armed forces that are now in use by the National Guard.
(3) Dollar amounts of any assistance provided or to be provided to each of the Mexican security forces, and any defense articles, training, and other services provided or to be provided to each of the Mexican security forces.
(4) Department of Defense and Department of State plans for all U.S. training for Mexican security forces, including training in human rights, proper use of force, de-escalation, investigation and evidence-gathering, community relations, and anti-corruption.
(5) An assessment of the National Guard’s adherence to human rights standards, including the adoption of measures to ensure accountability for human rights violations and the development of a human rights training curriculum.
(6) Department of Defense and Department of State plans to support external monitoring and strengthen internal control mechanisms within each of the Mexican security forces including the Mexican National Guard, federal, state, and municipal law enforcement, including the internal affairs unit.
(7) Information on Mexico’s security budget and contributions to strengthening security cooperation with the United States; and (8) Information on security assistance Mexico may be receiving from other countries.
(c) Form.—The report required under subsection (a) may be submitted in classified form with an unclassified summary.
(d) Appropriate congressional committees.—The term “appropriate congressional committees” means the Committee on Foreign Affairs and the Armed Services Committee of the House of Representatives and the Committee on Foreign Relations and the Armed Services Committee of the Senate.
(a) Statement of policy.—It is the policy of the United States to ensure—
(1) to the extent practicable, the agents, precursors, and materials needed to produce weapons of mass destruction are placed beyond the reach of terrorist organizations and other malicious non-state actors;
(2) the number of foreign states that possess weapons of mass destruction is declining; and
(3) the global quantity of weapons of mass destruction and related materials is reduced.
(b) Sense of Congress.—It is the sense of Congress that—
(1) diplomatic outreach, threat reduction and foreign capacity-building programs, export controls, and the promotion of international treaties and norms are all essential elements of accomplishing the core national security mission of preventing, detecting, countering, and responding to threats of weapons of mass destruction terrorism; and
(2) the potentially devastating consequences of weapons of mass destruction terrorism pose a significant risk to United States national security.
(c) Report on lines of effort To implement policies.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on each line of effort to implement the policies described in subsection (a) and the budgets required to implement each such line of effort effectively.
(2) MATTERS TO BE INCLUDED.—The report required by this subsection should include the following:
(A) An assessment of nuclear, radiological, biological, and chemical terrorism and foreign state risks and other emerging risks facing the United States and its allies, including—
(i) the status of foreign state, state-affiliated, and non-state actors efforts to acquire nuclear, radiological, biological, and chemical weapons and their intent to misuse weapons-related materials;
(ii) any actions by foreign state, state-affiliated, and non-state actors employing weapons of mass destruction;
(I) the risk of biological threats, including the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise to non-state actors;
(II) the risk of accidental release of dangerous pathogens due to unsafe practices and facilities; and
(III) the risk of uncontrolled naturally occurring disease outbreaks that may pose a threat to the United States or its Armed Forces or allies; and
(iv) the status of national efforts to meet obligations to provide effective security and accounting for nuclear weapons and for all weapons-useable nuclear materials in foreign states that possess such weapons and materials.
(B) A strategy to reduce the risk of nuclear, radiological, biological, and chemical terrorism over the next five years, including—
(i) ensuring, to the extent practicable—
(I) the agents, precursors, and materials needed to develop or acquire weapons of mass destruction are placed beyond the reach of terrorist organizations and other malicious non-state actors;
(II) the number of foreign states that possess weapons of mass destruction is declining; and
(III) the global quantity of weapons of mass destruction and related materials is reduced;
(ii) identifying and responding to technological trends that may enable terrorist or state development, acquisition, or use of weapons of mass destruction;
(iii) a plan to prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise, which shall include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks that could affect the United States or its Armed Forces or allies, regardless of whether such diseases are caused by biological weapons;
(iv) regional engagement to reduce nuclear, biological, and chemical risks;
(v) engagement with foreign states, where possible, on security for nuclear weapons and weapons-useable nuclear and radioactive material, including protection against insider threats, strengthening of security culture, and support for security performance testing; and
(vi) a recommendation to establish a joint Department of Defense and Department of Energy program—
(I) to assess the verification, security, and implementation requirements associated with potential future arms reduction or denuclearization accords,
(II) identify gaps in existing and planned capabilities; and
(III) provide recommendations for developing needed capabilities to fill those gaps.
(3) FORM.—The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex.
(d) Sense of Congress on revitalizing international nuclear security programs.—It is the sense of Congress that—
(1) the United States Government should expand and revitalize its international nuclear security programs, as necessary;
(2) such an expanded nuclear security effort should seek to be comprehensive and close, to the extent possible, any gaps that exist in United States nuclear security programs; and
(3) the Secretary of State should seek to cooperate with as many foreign states with nuclear weapons, weapons-usable nuclear materials, or significant nuclear facilities as possible to—
(A) ensure protection against the full spectrum of plausible threats, including support for evaluating nuclear security threats and measures to protect against such threats, exchanging unclassified threat information, holding workshops with experts from each country, and having teams review the adequacy of security against a range of threats;
(B) establish comprehensive, multilayered protections against insider threats, including in-depth exchanges on good practices in insider threat protection, workshops, help with appropriate vulnerability assessments, and peer review by expert teams;
(C) establish targeted programs to strengthen nuclear security culture;
(D) institute effective, regular vulnerability assessments and performance testing through workshops, peer observation of such activities in the United States, training, and description of approaches that have been effective; and
(E) consolidate nuclear weapons and weapons-usable nuclear materials to the minimum practical number of locations.
(e) Assessment of weapons of mass destruction terrorism.—
(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of State and the Secretary of Energy, shall seek to enter into an arrangement with the National Academy of Sciences—
(A) to conduct an assessment of strategies of the United States for preventing, countering, and responding to nuclear, biological, and chemical terrorism assess and make recommendations to improve such strategies; and
(B) submit to the Secretary of Defense a report that contains such assessment and recommendations.
(2) MATTERS TO BE INCLUDED.—The assessment and recommendations required by paragraph (1) shall address the adequacy of strategies described in such paragraph and identify technical, policy, and resource gaps with respect to—
(A) identifying national and international nuclear, biological, and chemical risks and critical emerging threats;
(B) preventing state-sponsored and non-state actors from acquiring or misusing the technologies, materials, and critical expertise needed to carry out nuclear, biological, and chemical attacks, including dual-use technologies, materials, and expertise;
(C) countering efforts by state-sponsored and non-state actors to carry out such attacks;
(D) responding to nuclear, biological, and chemical terrorism incidents to attribute their origin and help manage their consequences;
(E) budgets likely to be required to implement effectively such strategies; and
(F) other important matters that are directly relevant to such strategies.
(A) IN GENERAL.—The Secretary of Defense shall submit to the appropriate congressional committees a copy of the report received by the Secretary under paragraph (1)(B).
(B) FORM.—The report required by this paragraph shall be submitted in unclassified form, but may contain a classified annex.
(A) INCREASE.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4301, for Operations and Maintenance, Defense-wide, Cooperative Threat Reduction, Line 10, is hereby increased by $1,000,000 to carry out this subsection.
(B) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance as specified in the corresponding funding table in section 4301, for operation and maintenance, Air Force, admin & servicewide activities, servicewide communications, line 440, is hereby reduced by $1,000,000.
(f) Report on cooperative threat reduction programs.—
(1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, and annually thereafter at the same time that the President submits the budget to Congress under section 1105 of title 31, United States Code, the President shall submit to the appropriate congressional committees a report on—
(A) the programs of each Federal agency that are intended to reduce threat of nuclear, radiological, biological, and chemical weapons to the United States or its Armed Forces or allies;
(B) a description of the operations of such programs and how such programs advance the mission of reducing the threat of nuclear, radiological, biological, and chemical weapons to the United States or its Armed Forces or allies; and
(C) recommendations on how to evaluate the success of such programs, how to identify opportunities for collaboration between such programs, how to eliminate crucial gaps not filled by such programs, and how to ensure that such programs are complementary to other programs across the United States Government.
(2) FORM.—The report required by this paragraph shall be submitted in unclassified form, but may contain a classified annex.
(g) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs, Committee on Armed Services, and Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, Committee on Armed Services, and Select Committee on Intelligence of the Senate.
(a) In general.—Prior to the transfer of any equipment by the Department of Defense to a joint task force of the Guatemalan military or national civilian police during fiscal year 2021, the Secretary of Defense shall certify to the appropriate congressional committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended.
(b) Issuing regulations.—Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Defense, as appropriate, shall issue regulations requiring the inclusion of appropriate clauses for any new foreign assistance contracts, grants, and cooperative agreements covering the transfer of equipment to the Guatemalan military or national civilian police, to ensure that any equipment provided by the Department of Defense to the Guatemalan military or national civilian police may be recovered if such equipment is used for purposes other than those purposes for which it was provided.
(1) EXCEPTIONS.—Subsection (b) shall not apply to humanitarian assistance, disaster assistance, or assistance to combat corruption.
(2) WAIVER.—The Secretary of State or the Secretary of Defense, on a case by case basis, may waive the requirement under subsection (b) if the Secretary of State or the Secretary of Defense certifies to the appropriate congressional committees that such waiver is important to the national security interests of the United States.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.
(a) In general.—Not later than September 1, 2021, and biennially thereafter, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of State, and any other relevant Federal agency, shall submit to the appropriate congressional committees a report on foreign influence campaigns targeting United States Federal elections.
(b) Matters To be included.—The report required by subsection (a) shall include an analysis of the following:
(1) The patterns, tools, and techniques of foreign influence campaigns across all platforms and the country of origin of such campaigns.
(2) The extent of inauthentic accounts and “bot” networks across platforms, including the scale to which they exist, how platforms currently act to remove them, and what percentage have been removed over the last year.
(3) The reach of intentional or weaponized disinformation by inauthentic accounts and “bot” networks, including analysis of amplification by users and algorithmic distribution.
(4) The type of media that is being disseminated by the foreign influence campaign, including fabricated or falsified content and manipulated videos and photos, and the intended targeted groups.
(5) The methods that have been used to mitigate engagement and remove content.
(c) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense should provide a briefing to congressional committees on the report required by subsection (a).
(d) Appropriate congressional committees defined.—In this section, the term “appropropriate congressional committees” means—
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
This subtitle may be cited as the “Global Child Thrive Act of 2020”.
It is the sense of Congress that—
(1) the United States Government should continue efforts to reduce child mortality rates and increase attention on prevention efforts and early childhood development programs;
(2) investments in early childhood development ensure healthy and well-developed future generations that contribute to a country’s stability, security and economic prosperity;
(3) efforts to provide training and education on nurturing care could result in improved early childhood development outcomes and support healthy brain development; and
(4) integration and cross-sector coordination of early childhood development programs is critical to ensure the efficiency, effectiveness, and continued implementation of such programs.
(a) Authorization of assistance.—Amounts authorized to be appropriated to carry out section 135 in chapter 1 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for each of the fiscal years 2021 through 2025 are authorized to be made available to support early childhood development activities in conjunction with relevant, existing programming, such as water, sanitation and hygiene, maternal and child health, basic education, nutrition and child protection.
(b) Assistance To improve early childhood incomes globally.—Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following:
“SEC. 137. Assistance to improve early childhood outcomes globally.
“(a) Definitions.—In this section:
“(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means—
“(A) the Committee on Appropriations of the Senate;
“(B) the Committee on Foreign Relations of the Senate;
“(C) the Committee on Appropriations of the House of Representatives; and
“(D) the Committee on Foreign Affairs of the House of Representatives.
“(2) EARLY CHILDHOOD DEVELOPMENT.—The term ‘early childhood development’ means the development and learning of a child younger than 8 years of age, including physical, cognitive, social, and emotional development and approaches to learning that allow a child to reach his or her full developmental potential.
“(3) EARLY CHILDHOOD DEVELOPMENT PROGRAM.—The term ‘early childhood development program’ means a program that ensures that every child has the conditions for healthy growth, nurturing family-based care, development and learning, and protection from violence, exploitation, abuse, and neglect, which may include—
“(A) a health, clean water, sanitation, and hygiene program that serves pregnant women, children younger than 5 years of age, and the parents of such children;
“(B) a nutrition program, combined with stimulating child development activity;
“(C) age appropriate cognitive stimulation, especially for newborns, infants, and toddlers, including an early childhood intervention program for children experiencing at-risk situations, developmental delays, disabilities, and behavioral and mental health conditions;
“(D) an early learning (36 months and younger), preschool, and basic education program for children until they reach 8 years of age or complete primary school; or
“(E) a child protection program, with an emphasis on the promotion of permanent, safe, and nurturing families, rather than placement in residential care or institutions, including for children with disabilities.
“(4) FEDERAL DEPARTMENTS AND AGENCIES.—The term ‘Federal departments and agencies’ means—
“(A) the Department of State;
“(B) the United States Agency for International Development;
“(C) the Department of the Treasury;
“(D) the Department of Labor;
“(E) the Department of Education;
“(F) the Department of Agriculture;
“(G) the Department of Defense;
“(H) the Department of Health and Human Services, including—
“(i) the Centers for Disease Control and Prevention; and
“(ii) the National Institutes of Health;
“(I) the Millennium Challenge Corporation;
“(J) the Peace Corps; and
“(K) any other department or agency specified by the President for the purposes of this section.
“(5) RESIDENTIAL CARE.—The term ‘residential care’ means care provided in any non-family-based group setting, including orphanages, transit or interim care centers, children’s homes, children’s villages or cottage complexes, group homes, and boarding schools used primarily for care purposes as an alternative to a children’s home.
“(b) Statement of policy.—It is the policy of the United States—
“(1) to support early childhood development in relevant foreign assistance programs, including by integrating evidence-based, efficient, and effective interventions into relevant strategies and programs, in coordination with partner countries, other donors, international organizations, international financial institutions, local and international nongovernmental organizations, private sector partners, civil society, and faith-based and community-based organizations; and
“(2) to encourage partner countries to lead early childhood development initiatives that include incentives for building local capacity for continued implementation and measurable results, by—
“(A) scaling up the most effective, evidence-based, national interventions, including for the most vulnerable populations and children with disabilities and developmental delays, with a focus on adaptation to country resources, cultures, and languages;
“(B) designing, implementing, monitoring, and evaluating programs in a manner that enhances their quality, transparency, equity, accountability, efficiency and effectiveness in improving child and family outcomes in partner countries; and
“(C) utilizing and expanding innovative public-private financing mechanisms.
“(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this section, the Administrator of the United States Agency for International Development, in coordination with the Secretary of State, shall direct relevant Federal departments and agencies—
“(A) to incorporate, to the extent practical and relevant, early childhood development into foreign assistance programs to be carried out during the following 5 fiscal years; and
“(B) to promote inclusive early childhood development in partner countries.
“(2) ELEMENTS.—In carrying out paragraph (1), the Administrator, the Secretary, and the heads of other relevant Federal departments and agencies as appropriate shall—
“(A) build on the evidence and priorities outlined in ‘Advancing Protection and Care for Children in Adversity: A U.S. Government Strategy for International Assistance 2019–2023’, published in June 2019 (referred to in this section as ‘APCCA’);
“(B) to the extent practicable, identify evidence-based strategic priorities, indicators, outcomes, and targets, particularly emphasizing the most vulnerable populations and children with disabilities and developmental delays, to support inclusive early childhood development;
“(C) support the design, implementation, and evaluation of pilot projects in partner countries, with the goal of taking such projects to scale;
“(D) support inclusive early childhood development within all relevant sector strategies and public laws, including—
“(i) the Global Water Strategy required under section 136(j);
“(ii) the whole-of-government strategy required under section 5 of the Global Food Security Act of 2016 (22 U.S.C. 9304 note);
“(iii) the Basic Education Strategy set forth in section 105(c);
“(iv) the U.S. Government Global Nutrition Coordination Plan, 2016–2021; and
“(v) APCCA; and others as appropriate;
“(E) improve coordination with foreign governments and international and regional organizations with respect to official country policies and plans to improve early childhood development, maternal, newborn, and child health and nutrition care, basic education, water, sanitation and hygiene, and child protection plans which promote nurturing, appropriate, protective, and permanent family care, while reducing the percentage of children living in residential care or on the street; and
“(F) consult with partner countries, other donors, international organizations, international financial institutions, local and international nongovernmental organizations, private sector partners and faith-based and community-based organizations, as appropriate.
“(d) Annual report on the implementation of the strategy.—The Special Advisor for Children in Adversity shall include, in the annual report required under section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 (22 U.S.C. 2152g), which shall be submitted to the appropriate congressional committees and made publicly available, a description of—
“(1) the progress made toward integrating early childhood development interventions into relevant strategies and programs;
“(2) the efforts made by relevant Federal departments and agencies to implement subsection (c), with a particular focus on the activities described in such subsection;
“(3) the progress achieved during the reporting period toward meeting the goals, objectives, benchmarks, described in subsection (c); and
“(4) the progress achieved during the reporting period toward meeting the goals, objectives, benchmarks, and timeframes described in subsection (c) at the program level, along with specific challenges or gaps that may require shifts in targeting or financing in the following fiscal year.
“(e) Interagency task force.—The Special Advisor for Assistance to Orphans and Vulnerable Children should regularly convene an interagency task force, to coordinate—
“(1) intergovernmental and interagency monitoring, evaluation, and reporting of the activities carried out pursuant to this section;
“(2) early childhood development initiatives that include children with a variety of needs and circumstances; and
“(3) United States Government early childhood development programs, strategies, and partnerships across relevant Federal departments and agencies.”.
Section 135(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152f(e)(2)) is amended—
(1) by amending subparagraph (A) to read as follows:
“(A) Coordinate assistance to orphans and other vulnerable children among the relevant Executive branch agencies and officials.”; and
(2) in subparagraph (B), by striking “the various offices, bureaus, and field missions within the United States Agency for International Development” and inserting “the relevant Executive branch agencies and officials”.
Nothing in the amendments made by this subtitle may be construed to restrict or abrogate any other authorization for United States Agency for International Development activities or programs.
This subtitle may be cited as the “Global Health Security Act of 2020”.
(a) Establishment.—The President shall establish a Global Health Security Agenda Interagency Review Council (in this section referred to as the “Council”) to perform the general responsibilities described in subsection (c) and the specific roles and responsibilities described in subsection (e).
(b) Meetings.—The Council shall meet not less than four times per year to advance its mission and fulfill its responsibilities.
(c) General responsibilities.—The Council shall be responsible for the following activities:
(1) Provide policy-level recommendations to participating agencies on Global Health Security Agenda (GHSA) goals, objectives, and implementation.
(2) Facilitate interagency, multi-sectoral engagement to carry out GHSA implementation.
(3) Provide a forum for raising and working to resolve interagency disagreements concerning the GHSA.
(4) (A) Review the progress toward and work to resolve challenges in achieving United States commitments under the GHSA, including commitments to assist other countries in achieving the GHSA targets.
(B) The Council shall consider, among other issues, the following:
(i) The status of United States financial commitments to the GHSA in the context of commitments by other donors, and the contributions of partner countries to achieve the GHSA targets.
(ii) The progress toward the milestones outlined in GHSA national plans for those countries where the United States Government has committed to assist in implementing the GHSA and in annual work-plans outlining agency priorities for implementing the GHSA.
(iii) The external evaluations of United States and partner country capabilities to address infectious disease threats, including the ability to achieve the targets outlined within the WHO Joint External Evaluation (JEE) tool, as well as gaps identified by such external evaluations.
(d) Participation.—The Council shall consist of representatives, serving at the Assistant Secretary level or higher, from the following agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of Labor.
(7) The Department of Homeland Security.
(8) The Office of Management and Budget.
(9) The United States Agency for International Development.
(10) The Environmental Protection Agency.
(11) The Centers for Disease Control and Prevention.
(12) The Office of Science and Technology Policy.
(13) The National Institutes of Health.
(14) The National Institute of Allergy and Infectious Diseases.
(15) Such other agencies as the Council determines to be appropriate.
(e) Specific roles and responsibilities.—
(1) IN GENERAL.—The heads of agencies described in subsection (d) shall—
(A) make the GHSA and its implementation a high priority within their respective agencies, and include GHSA-related activities within their respective agencies’ strategic planning and budget processes;
(B) designate a senior-level official to be responsible for the implementation of this subtitle;
(C) designate, in accordance with subsection (d), an appropriate representative at the Assistant Secretary level or higher to participate on the Council;
(D) keep the Council apprised of GHSA-related activities undertaken within their respective agencies;
(E) maintain responsibility for agency-related programmatic functions in coordination with host governments, country teams, and GHSA in-country teams, and in conjunction with other relevant agencies;
(F) coordinate with other agencies that are identified in this section to satisfy programmatic goals, and further facilitate coordination of country teams, implementers, and donors in host countries; and
(G) coordinate across GHSA national plans and with GHSA partners to which the United States is providing assistance.
(2) ADDITIONAL ROLES AND RESPONSIBILITIES.—In addition to the roles and responsibilities described in paragraph (1), the heads of agencies described in subsection (d) shall carry out their respective roles and responsibilities described in subsections (b) through (i) of section 3 of Executive Order No. 13747 (81 Fed. Reg. 78701; relating to Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats), as in effect on the day before the date of the enactment of this Act.
(a) Sense of Congress.—It is the sense of the Congress that, given the complex and multisectoral nature of global health threats to the United States, the President should consider appointing an individual with significant background and expertise in public health or emergency response management to the position of United States Coordinator for Global Health Security, as required by subsection (b), who is an employee of the National Security Council at the level of Deputy Assistant to the President or higher.
(b) In general.—The President shall appoint an individual to the position of United States Coordinator for Global Health Security, who shall be responsible for the coordination of the interagency process for responding to global health security emergencies. As appropriate, the designee shall coordinate with the President’s Special Coordinator for International Disaster Assistance.
(c) Congressional briefing.—Not less frequently than twice each year, the employee designated under this section shall provide to the appropriate congressional committees a briefing on the responsibilities and activities of the individual under this section.
(a) Sense of Congress.—It is the sense of the Congress that, given the complex and multisectoral nature of global health threats to the United States, the President, in providing assistance to implement the strategy required under subsection (c), should—
(1) coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the strategy;
(2) seek to fully utilize the unique capabilities of each relevant Federal department and agency while collaborating with and leveraging the contributions of other key stakeholders; and
(3) utilize open and streamlined solicitations to allow for the participation of a wide range of implementing partners through the most appropriate procurement mechanisms, which may include grants, contracts, cooperative agreements, and other instruments as necessary and appropriate.
(b) Statement of policy.—It is the policy of the United States to—
(1) promote global health security as a core national security interest;
(2) advance the aims of the Global Health Security Agenda;
(3) collaborate with other countries to detect and mitigate outbreaks early to prevent the spread of disease;
(4) encourage other countries to invest in basic resilient and sustainable health care systems; and
(5) strengthen global health security across the intersection of human and animal health to prevent infectious disease outbreaks and combat the growing threat of antimicrobial resistance.
(c) Strategy.—The United States Coordinator for Global Health Security (appointed under section 1299N–3(b)) shall coordinate the development and implementation of a strategy to implement the policy aims described in subsection (b), which shall—
(1) set specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring and evaluation plans that reflect international best practices relating to transparency, accountability, and global health security;
(2) support and be aligned with country-owned global health security policy and investment plans developed with input from key stakeholders, as appropriate;
(3) facilitate communication and collaboration, as appropriate, among local stakeholders in support of a multi-sectoral approach to global health security;
(4) support the long-term success of programs by building the capacity of local organizations and institutions in target countries and communities;
(5) develop community resilience to infectious disease threats and emergencies;
(6) leverage resources and expertise through partnerships with the private sector, health organizations, civil society, nongovernmental organizations, and health research and academic institutions; and
(7) support collaboration, as appropriate, between United States universities, and public and private institutions in target countries and communities to promote health security and innovation.
(d) Coordination.—The President, acting through the United States Coordinator for Global Health Security, shall coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies in the implementation of the strategy required under subsection (c) by—
(1) establishing monitoring and evaluation systems, coherence, and coordination across relevant Federal departments and agencies; and
(2) establishing platforms for regular consultation and collaboration with key stakeholders and the appropriate congressional committees.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the head of each relevant Federal department and agency, shall submit to the appropriate congressional committees the strategy required under subsection (c) that provides a detailed description of how the United States intends to advance the policy set forth in subsection (b) and the agency-specific plans described in paragraph (2).
(2) AGENCY-SPECIFIC PLANS.—The strategy required under subsection (c) shall include specific implementation plans from each relevant Federal department and agency that describes—
(A) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and
(B) the efforts of the department or agency to ensure that the activities and programs carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.
(1) IN GENERAL.—Not later than 1 year after the date on which the strategy required under subsection (c) is submitted to the appropriate congressional committees under subsection (e), and not later than October 1 of each year thereafter, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the strategy.
(2) CONTENTS.—The report required under paragraph (1) shall—
(A) identify any substantial changes made in the strategy during the preceding calendar year;
(B) describe the progress made in implementing the strategy;
(C) identify the indicators used to establish benchmarks and measure results over time, as well as the mechanisms for reporting such results in an open and transparent manner;
(D) contain a transparent, open, and detailed accounting of expenditures by relevant Federal departments and agencies to implement the strategy, including, to the extent practicable, for each Federal department and agency, the statutory source of expenditures, amounts expended, partners, targeted populations, and types of activities supported;
(E) describe how the strategy leverages other United States global health and development assistance programs;
(F) assess efforts to coordinate United States global health security programs, activities, and initiatives with key stakeholders;
(G) incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders, including key stakeholders, in an open, transparent manner; and
(H) describe the progress achieved and challenges concerning the United States Government’s ability to advance the Global Health Security Agenda across priority countries, including data disaggregated by priority country using indicators that are consistent on a year-to-year basis and recommendations to resolve, mitigate, or otherwise address the challenges identified therein.
(g) Form.—The strategy required under subsection (c) and the report required under subsection (f) shall be submitted in unclassified form but may contain a classified annex.
Section 2(3) of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114–191; 22 U.S.C. 2394c note) is amended—
(1) in subparagraph (C), by striking “and” at the end;
(2) in subparagraph (D), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following:
In this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) GLOBAL HEALTH SECURITY.—The term “global health security” means activities supporting epidemic and pandemic preparedness and capabilities at the country and global levels in order to minimize vulnerability to acute public health events that can endanger the health of populations across geographical regions and international boundaries.
This subtitle, and the amendments made by this subtitle, (other than section 1299N–3) shall cease to be effective on December 31, 2024.
This subtitle may be cited as the “Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act”.
(a) Review.—The Secretary of State shall review the cases of United States nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on criteria which may include whether—
(1) United States officials receive or possess credible information indicating innocence of the detained individual;
(2) the individual is being detained solely or substantially because he or she is a United States national;
(3) the individual is being detained solely or substantially to influence United States Government policy or to secure economic or political concessions from the United States Government;
(4) the detention appears to be because the individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully assemble;
(5) the individual is being detained in violation of the laws of the detaining country;
(6) independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual;
(7) the United States mission in the country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate purpose;
(8) the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts;
(9) the individual is being detained in inhumane conditions;
(10) due process of law has been sufficiently impaired so as to render the detention arbitrary; and
(11) United States diplomatic engagement is likely necessary to secure the release of the detained individual.
(b) Referrals to the special envoy.—Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs created pursuant to section 1299O–3.
(A) IN GENERAL.—The Secretary of State shall submit to the appropriate congressional committees an annual report with respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad.
(B) FORM.—The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex if necessary.
(2) COMPOSITION.—The report required under paragraph (1) shall include current estimates of the number of individuals so detained, as well as relevant information about particular cases, such as—
(A) the name of the individual, unless the provision of such information is inconsistent with section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”);
(B) basic facts about the case;
(C) a summary of the information that such individual may be detained unlawfully or wrongfully;
(D) a description of specific efforts, legal and diplomatic, taken on behalf of the individual since the last reporting period, including a description of accomplishments and setbacks; and
(E) a description of intended next steps.
(1) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act and after consulting with relevant organizations that advocate on behalf of United States nationals detained abroad and the Family Engagement Coordinator established pursuant to section 1299O–4(c)(2), the Secretary of State shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals.
(2) CONTENT.—The resource guidance required under paragraph (1) should include—
(A) information to help families understand United States policy concerning the release of United States nationals unlawfully or wrongfully held abroad;
(B) contact information for officials in the Department of State or other government agencies suited to answer family questions;
(C) relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals, such as guidance on how families may engage with United States diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family members, humane treatment, and other services;
(D) guidance on submitting public or private letters from members of Congress or other individuals who may be influential in securing the release of an individual; and
(E) appropriate points of contacts, such as legal resources and counseling services, who have a record of assisting victims’ families.
(a) Establishment.—There is within the office of the Secretary of State a Special Presidential Envoy for Hostage Affairs.
(b) Responsibilities.—The Special Presidential Envoy for Hostage Affairs, under the supervision of the Secretary of State, shall—
(1) lead diplomatic engagement on United States hostage policy;
(2) coordinate all diplomatic engagements in support of hostage recovery efforts, in coordination with the Hostage Recovery Fusion Cell and consistent with policy guidance communicated through the Hostage Response Group;
(3) coordinate with the Hostage Recovery Fusion Cell proposals for diplomatic engagements and strategy in support of hostage recovery efforts;
(4) provide senior representation from the Special Envoy’s office to the Hostage Recovery Fusion Cell established under section 1299O–4 and the Hostage Response Group established under section 1299O–5; and
(5) in coordination with the Hostage Recovery Fusion Cell as appropriate, coordinate diplomatic engagements regarding cases in which a foreign government confirms that it has detained a United States national but the United States Government regards such detention as unlawful or wrongful.
(a) Establishment.—The President shall establish an interagency Hostage Recovery Fusion Cell.
(b) Participation.—The President shall direct the heads of each of the following executive departments, agencies, and offices to make available personnel to participate in the Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time, may designate.
(c) Personnel.—The Hostage Recovery Fusion Cell shall include—
(1) a Director, who shall be a full-time senior officer or employee of the United States Government;
(2) a Family Engagement Coordinator who shall—
(A) work to ensure that all interactions by executive branch officials with a hostage’s family occur in a coordinated fashion and that the family receives consistent and accurate information from the United States Government; and
(B) if directed, perform the same function as set out in subparagraph (A) with regard to the family of a United States national who is unlawfully or wrongfully detained abroad; and
(3) other officers and employees as deemed appropriate by the President.
(d) Duties.—The Hostage Recovery Fusion Cell shall—
(1) coordinate efforts by participating agencies to ensure that all relevant information, expertise, and resources are brought to bear to secure the safe recovery of United States nationals held hostage abroad;
(2) if directed, coordinate the United States Government's response to other hostage-takings occurring abroad in which the United States has a national interest;
(3) if directed, coordinate or assist the United States Government’s response to help secure the release of United States nationals unlawfully or wrongfully detained abroad; and
(4) pursuant to policy guidance coordinated through the National Security Council—
(A) identify and recommend hostage recovery options and strategies to the President through the National Security Council or the Deputies Committee of the National Security Council;
(B) coordinate efforts by participating agencies to ensure that information regarding hostage events, including potential recovery options and engagements with families and external actors (including foreign governments), is appropriately shared within the United States Government to facilitate a coordinated response to a hostage-taking;
(C) assess and track all hostage-takings of United States nationals abroad and provide regular reports to the President and Congress on the status of such cases and any measures being taken toward the hostages' safe recovery;
(D) provide a forum for intelligence sharing and, with the support of the Director of National Intelligence, coordinate the declassification of relevant information;
(E) coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely information regarding significant events in their cases;
(F) make recommendations to agencies in order to reduce the likelihood of United States nationals’ being taken hostage abroad and enhance United States Government preparation to maximize the probability of a favorable outcome following a hostage-taking; and
(G) coordinate with agencies regarding congressional, media, and other public inquiries pertaining to hostage events.
(e) Administration.—The Hostage Recovery Fusion Cell shall be located within the Federal Bureau of Investigation for administrative purposes.
(a) Establishment.—The President shall establish a Hostage Response Group, chaired by a designated member of the National Security Council or the Deputies Committee of the National Security Council, to be convened on a regular basis, to further the safe recovery of United States nationals held hostage abroad or unlawfully or wrongfully detained abroad, and to be tasked with coordinating the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
(b) Membership.—The regular members of the Hostage Response Group shall include the Director of the Hostage Recovery Fusion Cell, the Hostage Recovery Fusion Cell’s Family Engagement Coordinator, the Special Envoy appointed pursuant to section 1299O–3, and representatives from the Department of the Treasury, the Department of Defense, the Department of Justice, the Federal Bureau of Investigation, the Office of the Director of National Intelligence, the Central Intelligence Agency, and other agencies as the President, from time to time, may designate.
(c) Duties.—The Hostage Recovery Group shall—
(1) identify and recommend hostage recovery options and strategies to the President through the National Security Council;
(2) coordinate the development and implementation of United States hostage recovery policies, strategies, and procedures;
(3) receive regular updates from the Hostage Recovery Fusion Cell and the Special Envoy for Hostage Affairs on the status of United States nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken to effect safe recoveries;
(4) coordinate the provision of policy guidance to the Hostage Recovery Fusion Cell, including reviewing recovery options proposed by the Hostage Recovery Fusion Cell and working to resolve disputes within the Hostage Recovery Fusion Cell;
(5) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate or assist in the safe recovery of United States nationals unlawfully or wrongfully detained abroad; and
(6) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
(d) Meetings.—The Hostage Response Group shall meet regularly.
(e) Reporting.—The Hostage Response Group shall regularly provide recommendations on hostage recovery options and strategies to the National Security Council.
(a) In general.—The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—
(1) is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or
(2) knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1).
(b) Sanctions described.—The sanctions described in this subsection are the following:
(1) INELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—
(A) VISAS, ADMISSION, OR PAROLE.—An alien described in subsection (a) may be—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(i) IN GENERAL.—An alien described in subsection (a) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(ii) IMMEDIATE EFFECT.—A revocation under clause (i) may—
(I) take effect immediately; and
(II) cancel any other valid visa or entry documentation that is in the alien’s possession.
(A) IN GENERAL.—The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) INAPPLICABILITY OF NATIONAL EMERGENCY REQUIREMENT.—The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section.
(1) EXCEPTION FOR INTELLIGENCE ACTIVITIES.—Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
(2) EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS AND FOR LAW ENFORCEMENT ACTIVITIES.—Sanctions under subsection (b)(1) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the United States.
(d) Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(e) Termination of sanctions.—The President may terminate the application of sanctions under this section with respect to a person if the President determines that—
(1) information exists that the person did not engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or
(4) the termination of the sanctions is in the national security interests of the United States.
(f) Reporting requirement.—If the President terminates sanctions pursuant to subsection (d), the President shall report to the appropriate congressional committees a written justification for such termination within 15 days.
(g) Implementation of regulatory authority.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(h) Exception relating to importation of goods.—
(1) IN GENERAL.—The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) GOOD DEFINED.—In this subsection, the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(i) Definitions.—In this section:
(1) FOREIGN PERSON.—The term “foreign person” means—
(A) any citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States); or
(B) any entity not organized solely under the laws of the United States or existing solely in the United States.
(2) UNITED STATES PERSON.—The term “United States person” means—
(A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
(C) any person in the United States.
In this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate; and
(B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) UNITED STATES NATIONAL.—The term “United States national” means—
(A) a United States national as defined in section 101(a)(22) or section 308 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
(B) a lawful permanent resident alien with significant ties to the United States.
Nothing in this subtitle may be construed to authorize a private right of action.
(a) Secretary of state prioritization.—The Secretary of State shall prioritize prosperity in the Northern Triangle countries by carrying out the following initiatives:
(1) Supporting market-based solutions to eliminate constraints to inclusive economic growth, including through support for increased digital connectivity and the use of financial technology, and private sector and civil society-led efforts to create jobs and foster economic prosperity.
(2) Addressing underlying causes of poverty and inequality, including by improving nutrition and food security, providing health resources and access to clean water, sanitation, hygiene, and shelter, and improving livelihoods.
(3) Responding to immediate humanitarian needs by increasing humanitarian assistance, including through access to clean water, sanitation, hygiene, and shelter, improving livelihoods, and by providing health resources and improving nutrition and food security.
(4) Supporting conservation and community resilience and strengthening community preparedness for natural disasters and other external shocks.
(5) Identifying, as appropriate, a role for the United States International Development Finance Corporation, the Millennium Challenge Corporation (MCC), the United States Agency for International Development, and the United States private sector in supporting efforts to increase private sector investment and strengthen economic prosperity.
(6) Expanding comprehensive reintegration mechanisms for repatriated individuals once returned to their countries of origin and supporting efforts by the private sector to hire and train eligible returnees.
(7) Establishing monitoring and verification services to determine the well-being of repatriated children in order to determine if United States protection and screening functioned effectively in identifying persecuted and trafficked children.
(8) Supporting efforts to increase domestic resource mobilization, including through strengthening of tax collection and enforcement and legal arbitration mechanisms.
(1) ELEMENTS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the President and Chief Executive Officer of the Inter-American Foundation, the Director of the United States Trade and Development Agency, the Chief Executive Officer of the United States International Development Finance Corporation, and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a 5-year strategy to prioritize prosperity in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
(2) CONSULTATION.—In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
(3) BENCHMARKS.—The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
(4) PUBLIC DIPLOMACY.—The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
(5) ANNUAL PROGRESS UPDATES.—Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
(6) PUBLIC AVAILABILITY.—The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
(c) Report on establishing an investment fund for the northern triangle countries and southern mexico.—Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation shall submit to the appropriate congressional committees a detailed report assessing the feasibility, costs, and benefits of the Corporation establishing an investment fund to promote economic and social development in the Northern Triangle countries and southern Mexico.
(a) Secretary of state prioritization.—The Secretary of State shall prioritize efforts to combat corruption in the Northern Triangle countries by carrying out the following initiatives:
(1) Supporting anticorruption efforts, including by strengthening national justice systems and attorneys general, providing technical assistance to identify and prosecute money laundering and other financial crimes, breaking up financial holdings of organized criminal syndicates, including illegally acquired lands and proceeds from illegal activities, and supporting independent media and investigative reporting.
(2) Supporting anticorruption efforts through bilateral assistance and complementary support through multilateral anticorruption mechanisms when necessary.
(3) Encouraging cooperation agreements between the Department of State and relevant United States Government agencies and attorneys general to fight corruption.
(4) Supporting efforts to strengthen special prosecutorial offices and financial institutions to combat corruption, money laundering, financial crimes, extortion, human rights crimes, asset forfeiture, and criminal analysis.
(5) Supporting initiatives to advance judicial integrity and improve security for members of the judicial sector.
(6) Supporting transparent, merit-based selection processes for prosecutors and judges and the development of professional and merit-based civil services.
(7) Supporting the establishment or strengthening of methods, procedures, and expectations for internal and external control mechanisms for the security and police services and judiciary.
(8) Supporting the adoption of appropriate technologies to combat corruption in public finance.
(1) ELEMENTS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a 5-year strategy to combat corruption in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
(2) CONSULTATION.—In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
(3) BENCHMARKS.—The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
(4) PUBLIC DIPLOMACY.—The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
(5) ANNUAL PROGRESS UPDATES.—Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
(6) PUBLIC AVAILABILITY.—The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
(c) Designation of a senior rule of law advisor for the northern triangle in the bureau of western hemisphere affairs.—The Secretary of State shall designate in the Bureau of Western Hemisphere Affairs of the Department of State a Senior Rule of Law Advisor for the Northern Triangle who shall lead diplomatic engagement with the Northern Triangle countries in support of democratic governance, anticorruption efforts, and the rule of law in all aspects of United States policy towards the countries of the Northern Triangle, including carrying out the initiatives described in subsection (a) and developing the strategy required under subsection (b). The individual designated in accordance with this subsection shall be a Department of State employee in the Bureau of Western Hemisphere Affairs.
(a) Secretary of state prioritization.—The Secretary of State shall prioritize strengthening democratic institutions, good governance, human rights, and the rule of law in the Northern Triangle countries by carrying out the following initiatives:
(1) Providing support to strengthen government institutions and actors at the local and national levels to provide services and respond to citizen needs through transparent, inclusive, and democratic processes.
(2) Supporting efforts to strengthen access to information laws and reform laws that currently limit access to information.
(3) Financing efforts to build the capacity of independent media with a specific focus on professional investigative journalism.
(4) Ensuring that threats and attacks on journalists and human rights defenders are fully investigated and perpetrators are held accountable.
(5) Developing the capacity of civil society to conduct oversight and accountability mechanisms at the national and local levels.
(6) Training political actors committed to democratic principles.
(7) Strengthening electoral institutions and processes to ensure free, fair, and transparent elections.
(8) Advancing conservation principles and the rule of law to address multiple factors, including the impacts of illegal cattle ranching and smuggling as drivers of deforestation.
(1) ELEMENTS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a strategy to support democratic governance in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
(2) CONSULTATION.—In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
(3) BENCHMARKS.—The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
(4) PUBLIC DIPLOMACY.—The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
(5) ANNUAL PROGRESS UPDATES.—Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
(6) PUBLIC AVAILABILITY.—The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
(a) Secretary of state prioritization.—The Secretary of State shall prioritize security in the Northern Triangle countries by carrying out the following initiatives:
(1) Implementing the Central America Regional Security Initiative of the Department of State.
(2) Continuing the vetting and professionalization of security services, including the civilian police and military units.
(3) Supporting efforts to combat the illicit activities of criminal gangs and transnational criminal organizations, including MS–13 and the 18th Street Gang, through support to fully vetted elements of attorneys general offices, appropriate government institutions, and security services.
(4) Supporting training for fully vetted civilian police and appropriate security services in criminal investigations, best practices for citizen security, and human rights.
(5) Providing capacity-building to relevant security services and attorneys general to support counternarcotics efforts and combat human trafficking, forcible recruitment of children and youth by gangs, gender-based violence, and other illicit activities, including trafficking of wildlife, and natural resources.
(6) Encouraging collaboration with regional and international partners in implementing security assistance, including by supporting cross-border information sharing on gangs and transnational criminal organizations.
(7) Providing equipment, technology, tools, and training to security services to assist in border and port inspections.
(8) Providing equipment, technology, tools, and training to assist security services in counternarcotics and other efforts to combat illicit activities.
(9) Continuing information sharing regarding known or suspected terrorists and other individuals and entities that pose a potential threat to United States national security that are crossing through or residing in the Northern Triangle.
(10) Supporting information sharing on gangs and transnational criminal organizations between relevant Federal, State, and local law enforcement and the governments of the Northern Triangle countries.
(11) Considering the use of assets and resources of United States State and local government entities, as appropriate, to support the activities described in this subsection.
(12) Providing thorough end-use monitoring of equipment, technology, tools, and training provided pursuant to this subsection.
(1) ELEMENTS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a 5-year strategy to prioritize the improvement of security in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
(2) CONSULTATION.—In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
(3) BENCHMARKS.—The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
(4) PUBLIC DIPLOMACY.—The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
(5) ANNUAL PROGRESS UPDATES.—Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
(6) PUBLIC AVAILABILITY.—The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
(c) Women and children protection compacts.—
(1) IN GENERAL.—The President, in consultation with the Secretary of State, the Administrator of the United States Agency for International Development, and the heads of other relevant Federal departments or agencies, is authorized to enter into bilateral agreements with one or more of the Governments of El Salvador, Guatemala, or Honduras to provide United States assistance for the purposes of—
(A) strengthening the capacity of the justice systems in such countries to protect women and children fleeing domestic, gang, or drug violence and to serve victims of domestic violence, sexual assault, trafficking, or child abuse or neglect, including by strengthening the capacity of such systems to hold perpetrators accountable; and
(B) creating, securing, and sustaining safe communities and schools in such countries, by building on current approaches to prevent and deter violence against women and children in such communities or schools.
(2) REQUIREMENTS.—An agreement under the authority provided by paragraph (1)—
(A) shall establish a 3- to 6-year plan to achieve the objectives described in subparagraphs (A) and (B) of such paragraph;
(B) shall include measurable goals and indicators with respect to such objectives;
(C) may not provide for any United States assistance to be made available directly to any of the governments of El Salvador, Guatemala, or Honduras; and
(D) may be suspended or terminated with respect to a country or an entity receiving assistance pursuant to the agreement, if the Secretary of State determines that such country or entity has failed to make sufficient progress towards the goals of the Compact.
(a) Sense of congress.—It is the sense of Congress that—
(1) corruption in the Northern Triangle countries by private citizens and select officials in local, regional, and Federal governments significantly damages the economies of such countries and deprives citizens of opportunities;
(2) corruption in the Northern Triangle is facilitated and carried out not only by private citizens and select officials from those countries but also in many instances by individuals from third countries; and
(3) imposing targeted sanctions on individuals from throughout the world and particularly in the Western Hemisphere who are engaged in acts of significant corruption that impact the Northern Triangle countries or obstruction of investigations into such acts of corruption will benefit the citizens and governments of such countries.
(b) Imposition of sanctions.—The President shall impose the sanctions described in subsection (c) with respect to a foreign person who the President determines on or after the date of the enactment of this Act to have knowingly engaged in significant corruption or obstruction of investigations into such acts of corruption in a Northern Triangle country, including the following:
(1) Corruption related to government contracts.
(2) Bribery and extortion.
(3) The facilitation or transfer of the proceeds of corruption, including through money laundering.
(4) Acts of violence, harassment, or intimidation directed at governmental and non-governmental corruption investigators.
(1) IN GENERAL.—The sanctions described in this subsection are the following:
(A) ASSET BLOCKING.—The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) INELIGIBILITY FOR VISAS AND ADMISSION TO THE UNITED STATES.—In the case of a foreign person who is an individual, such foreign person is—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(i) IN GENERAL.—The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued.
(ii) EFFECT OF REVOCATION.—A revocation under clause (i) shall—
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
(2) PENALTIES.—A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out such paragraph shall be subject to the penalties specified in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section.
(3) EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS.—Sanctions under subparagraph (B) and (C) of paragraph (1) shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(d) Implementation; regulatory authority.—
(1) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2) REGULATORY AUTHORITY.—The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
(e) National interest waiver.—The President may waive the application of the sanctions under subsection (c) if the President—
(1) determines that such a waiver is in the national interest of the United States; and
(2) submits to the appropriate congressional committees a notice of and justification for the waiver.
(f) Termination.—The authority to impose sanctions under subsection (b), and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after the date of the enactment of this Act.
(g) Exception relating to importation of goods.—The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods.
(h) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) GOOD.—The term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(3) PERSON FROM A NORTHERN TRIANGLE COUNTRY.—The term “person from a Northern Triangle country” means—
(A) a citizen of a Northern Triangle country; or
(B) an entity organized under the laws of a Northern Triangle country or any jurisdiction within a Northern Triangle country.
In this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Except as otherwise provided, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) NORTHERN TRIANGLE.—The term “Northern Triangle” means the region of Central America that encompasses the countries of El Salvador, Guatemala, and Honduras.
(3) NORTHERN TRIANGLE COUNTRIES.—The term “Northern Triangle countries” means the countries of El Salvador, Guatemala, and Honduras.
(4) TRANSNATIONAL CRIMINAL ORGANIZATION.—The term “transnational criminal organization” has the meaning given the term “significant transnational criminal organization” in Executive Order No. 13581 (July 24, 2011).
(a) In general.—Beginning in fiscal year 2021, subject to the notification requirements under subsection (b) and to the availability of appropriations, the President, acting through the Secretary of State, is authorized—
(1) to make direct loans under section 23 of the Arms Export Control Act (22 U.S.C. 2763) to NATO member countries that joined the alliance after March 1, 1999, notwithstanding the minimum interest rate required by subsection (c)(1) of such section; and
(2) to charge fees for such loans under paragraph (1), which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974 and which may be used to cover the costs of such loans as defined in section 502 of the Congressional Budget Act of 1974.
(b) Notification.—A loan may not be made under the authority provided by subsection (a) unless the Secretary of State submits to the appropriate congressional committees a certification, not fewer than 15 days before entering into an agreement to make such loan, that—
(1) the recipient country is making demonstrable progress toward meeting its defense spending commitments in accordance with the 2014 NATO Wales Summit Declaration; and
(2) the government of such recipient country is respecting that country’s constitution and upholds democratic values such as freedom of religion, freedom of speech, freedom of the press, the rule of law, and the rights of religious minorities.
(c) Repayment.—A loan made under the authority provided by subsection (a) shall be repaid in not more than 12 years, but may include a grace period of up to 1 year on the repayment of the principal.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended—
(1) in subsection (a)(2), by inserting “foreign election interference,” before “transnational organized crime”;
(A) in paragraph (5), by striking “or (10)” and inserting “(10), or (13)”;
(B) in paragraph (11), by striking “or” after the semicolon at the end;
(i) by striking “sections” and inserting “section”;
(ii) by striking “or (b)(1)” and inserting “or 2914(b)(1)”; and
(iii) by striking the period at the end and inserting “; or”; and
(D) by adding at the end the following new paragraph:
“(13) the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference.”; and
(A) by redesignating paragraphs (3) through (8) as paragraphs (5) through (10), respectively;
(B) by inserting after paragraph (2) the following new paragraphs:
“(3) FOREIGN PERSON.—The term ‘foreign person’ means—
“(A) an individual who is not a United States person; or
“(B) a foreign entity.
“(4) FOREIGN ELECTION INTERFERENCE.—The term ‘foreign election interference’ means conduct by a foreign person that—
“(A) (i) violates Federal criminal, voting rights, or campaign finance law; or
“(ii) is performed by any person acting as an agent of or on behalf of a foreign government or criminal enterprise; and
“(B) includes any covert, fraudulent, deceptive, or unlawful act or attempted act, or knowing use of information acquired by theft, undertaken with the purpose or effect of undermining public confidence in election processes or institutions, or influencing, undermining confidence in, or altering the result or reported result of, a general or primary Federal, State, or local election or caucus, including—
“(i) the campaign of a candidate; or
“(ii) a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum.”; and
(C) in paragraph (10), as so redesignated, in subparagraph (A), by striking “and” after the semicolon and inserting “or”.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of Defense, and the Director of National Intelligence, shall submit to the appropriate congressional committees a report, in classified form but with an unclassified annex, that provides an accounting in United States dollars and assesses the contributions of NATO member countries to the security of the alliance.
(b) Matters To be included.— The report required by subsection (a) shall also include the following with respect to each member country:
(1) Data for the following categories from 2014 through 2019:
(A) Defense spending as a percentage of gross domestic product (GDP).
(B) Year-to-year percent change in defense spending as a percentage of GDP.
(C) Percentage of defense spending spent on major equipment.
(D) Year-to-year percent change in equipment spending as a percentage of defense spending.
(E) Total security assistance or equivalent assistance to other NATO member countries or members of the NATO Partnership for Peace program.
(F) Total economic and development assistance or equivalent assistance to critical NATO partners, such as Ukraine, Georgia, Bosnia and Herzegovina, Kosovo, Moldova, and others.
(2) Participation in or contributions to United States or NATO-led missions, exercises, and combat and non-combat operations since March 24, 1999, such as the following:
(A) NATO’s Enhanced Forward Presence.
(B) Global Coalition Against ISIS.
(C) NATO’s Very High Readiness Joint Task Force.
(D) Operations in Afghanistan.
(3) Efforts to improve domestic conditions to facilitate military mobility in Europe, including relevant infrastructure and legal and regulatory conditions.
(4) Financial costs and benefits of the host countries of United States forces in Europe, including permanent basing.
(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit a report to the appropriate committees of Congress on the capability and capacity requirements of the military forces of the Government of Ukraine, which shall include the following:
(1) An identification of the capability gaps and capacity shortfalls of the military of Ukraine, including—
(A) an assessment of the requirements of the Ukrainian navy to accomplish its assigned missions; and
(B) an assessment of the requirements of the Ukrainian air force to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the Government of Ukraine to addressing such capability gaps and capacity shortfalls.
(3) An assessment of the capability gaps and capacity shortfalls that—
(A) could be addressed in a sufficient and timely manner by unilateral efforts of the Government of Ukraine; or
(B) are unlikely to be addressed in a sufficient and timely manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity shortfalls described in paragraph (3)(B) that could be addressed in a sufficient and timely manner by—
(A) the Ukraine Security Assistance Initiative of the Department of Defense;
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code;
(C) the Foreign Military Financing and Foreign Military Sales programs of the Department of State; or
(D) the provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(5) An assessment of the human resource requirements of the Office of Defense Cooperation at the United States Embassy in Kyiv and any gaps in its capacity to transmit and facilitate security assistance to Ukraine.
(6) Any recommendations the Secretaries deem appropriate concerning coordination of security assistance efforts of the Department of Defense and Department of State with respect to Ukraine.
(b) Resource plan.—Not later than February 15, 2022, the Secretary of State and Secretary of Defense shall jointly submit a report on resourcing United States security assistance with respect to Ukraine, which shall include the following:
(1) A plan to resource the following initiatives and programs with respect to Ukraine in fiscal year 2023 and the four succeeding fiscal years to meet the most critical capability gaps and capacity shortfalls of the military forces of Ukraine:
(A) The Ukraine Security Assistance Initiative of the Department of Defense.
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code.
(C) The Foreign Military Financing and Foreign Military Sales programs of the Department of State.
(D) The provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(2) With respect to the Ukrainian navy:
(A) A capability development plan, with milestones, describing the manner in which the United States will assist the Government of Ukraine in meeting the requirements described in subsection (a)(1)(A).
(B) A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian navy, while maintaining interoperability with United States platforms to the greatest extent feasible.
(C) A plan to prioritize Excess Defense Articles for the Ukrainian navy to the maximum extent practicable during the time period described in paragraph (1).
(D) An assessment of how United States security assistance to the Ukrainian navy is in the national security interests of the United States.
(3) With respect to the Ukrainian air force—
(A) a capability development plan, with milestones, detailing how the United States will assist the Government of Ukraine in meeting the requirements described in subsection (a)(1)(B);
(B) a plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian air force, while maintaining interoperability with United States platforms to the greatest extent feasible;
(C) a plan to prioritize excess defense articles for the Ukraine air force to the maximum extent practicable during the time period described in paragraph (1);
(D) an assessment of how United States security assistance to the Ukrainian air force is in the national security interests of the United States.
(4) An assessment of progress on defense institutional reforms in Ukraine, including in the Ukrainian navy and air force, in the time period described in paragraph (1) that will be essential for—
(A) enabling effective use and sustainment of capabilities developed under security assistance authorities described in this section;
(B) enhancing the defense of Ukraine’s sovereignty and territorial integrity;
(C) achieving the Government of Ukraine’s stated goal of meeting NATO standards; and
(D) allowing Ukraine to achieve its full potential as a strategic partner of the United States.
(c) Form.—The report required under subsection (a) and the resource plan required under subsection (b) shall each be submitted in a classified form with an unclassified summary.
(d) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Armed Services Committees of the Senate and House of Representatives;
(2) the Foreign Relations Committee of the Senate and the Foreign Affairs Committee of the House of Representatives; and
(3) the Appropriations Committees of the Senate and House of Representatives.
(a) Sense of Congress on the relationship between Russia and Serbia.—It is the sense of Congress that—
(1) the Government of Russia seeks to undermine the security of the United States, its NATO allies, and other close partners in Europe;
(2) the Government of Russia seeks to undermine the legitimate interests of the United States, NATO, the European Union, and other allied and partner governments in strategically significant regions;
(3) the values of the Government of Russia are inconsistent with the values of freedom, democracy, free speech, free press, the respect for the rule of law, and other ideals that underpin the international rules-based order formed on the basis of Western institutions including NATO and the European Union;
(4) the Government of Russia continues its campaign to undermine and erode the values of NATO and the European Union, institutions that Serbia claims to strive to join;
(5) the Government of Serbia, particularly under the leadership of President Alexander Vucic, has acted in ways that do not comport with the values of the United States, NATO, the European Union, and member countries of each such organization;
(6) the Government of Serbia, particularly under the leadership of President Alexander Vucic, has continued to deepen its military ties and cooperation with the Government of Russia;
(7) the United States Government should, in its bilateral engagements with the Government of Serbia, stress the importance of Serbia reducing its military ties with Russia; and
(8) the Government of Serbia should be sanctioned under appropriate authorities of the Countering America’s Adversaries Through Sanctions Act of 2017 if its deepened military ties have facilitated transactions between the Government of Serbia and the Government of Russia that are deemed “significant” for purposes of such Act.
(b) Report on malign Russian and Chinese influence in Serbia.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an unclassified report, which may contain a classified annex, assessing trends of malign influence from the governments of Russia and China in Serbia including with respect to the following:
(1) Corruption of political institutions and political leaders in Serbia by Russia or China.
(2) The use of propaganda, disinformation, and other information tools to promote stronger ties between Serbia and Russia or China or to discourage Serbia from advancing toward greater integration with Western institutions like the European Union.
(3) The use of foreign assistance and associated media messaging to influence public opinion in Serbia with respect to Russia or China.
(4) The deepening of military-to-military cooperation or cooperation in other national security and law enforcement sectors between Serbia and Russia or China.
(5) The expansion of economic ties between Serbia and Russia or China, especially in the energy, mining, and industrial sectors.
(6) The use of religious or ethnic ties to deepen relations between Serbia and Russia.
(c) Report on potential CAATSA violations.—Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees an unclassified report, which may contain a classified annex, that lists each country that has taken delivery of military equipment manufactured in Russia since the enactment of the Countering America’s Adversaries Through Sanctions Act of 2017, and determines whether any transactions described in the report constitute a significant transaction as described in such Act, including countries that have—
(1) purchased of Russian equipment from the Government of Russia;
(2) obtained Russian equipment provided by the Government of Russia as aid, assistance, or for related purposes; or
(3) obtained Russian equipment provided by the Government of Russia as a gift.
(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
This subtitle may be cited as the “Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020”.
Except as otherwise provided, in this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) INTERNATIONAL FINANCIAL INSTITUTIONS.—The term “international financial institutions” means—
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and Development;
(C) the International Development Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment Corporation;
(H) the African Development Bank;
(I) the European Bank for Reconstruction and Development;
(J) the Multilateral Investment Guaranty Agency; and
(K) any multilateral financial institution, established after the date of enactment of this Act, that could provide financial assistance to the Government of Sudan.
(3) SOVEREIGNTY COUNCIL.—The term “Sovereignty Council” means the governing body of Sudan during the transitional period that consists of—
(A) five civilians selected by the Forces of Freedom and Change;
(B) five members selected by the Transitional Military Council; and
(C) one member selected by agreement between the Forces of Freedom and Change and the Transitional Military Council.
(4) SUDANESE SECURITY AND INTELLIGENCE SERVICES.—The term “Sudanese security and intelligence services” means—
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces,
(C) Sudan’s Popular Defense Forces and other paramilitary units;
(D) Sudan’s police forces;
(E) the General Intelligence Service, previously known as the National Intelligence and Security Services; and
(F) related entities, such as Sudan’s Military Industry Corporation.
(5) TRANSITIONAL PERIOD.—The term “transitional period” means the 39-month period beginning on August 17, 2019, the date of the signing of Sudan’s constitutional charter, during which—
(A) the members of the Sovereignty Council described in paragraph (3)(B) select a chair of the Council for the first 21 months of the period; and
(B) the members of the Sovereignty Council described in paragraph (3)(A) select a chair of the Council for the remaining 18 months of the period.
It is the policy of the United States to—
(1) support a civilian-led political transition in Sudan that results in a democratic government, that is accountable to its people, respects and promotes human rights, is at peace internally and with its neighbors, and can be a partner for regional stability;
(2) support the implementation of Sudan’s constitutional charter for the transitional period; and
(3) pursue a strategy of calibrated engagement with Sudan that includes—
(A) facilitating an environment for free, fair, and credible democratic elections and a pluralistic and representative political system;
(B) supporting reforms that improve transparency and accountability, remove restrictions on civil and political liberties, and strengthen the protection of human rights, including religious freedom;
(C) strengthening civilian institutions, judicial independence, and the rule of law;
(D) empowering civil society and independent media;
(E) promoting national reconciliation and enabling a just, comprehensive, and sustainable peace;
(F) promoting the role of women in government, the economy, and society, in recognition of the seminal role that women played in the social movement that ousted former president Omar al-Bashir;
(G) promoting accountability for genocide, war crimes, crimes against humanity, and sexual and gender-based violence;
(H) encouraging the development of civilian oversight over and professionalization of the Sudanese security and intelligence services and strengthening accountability for human rights violations and abuses, corruption, or other abuses of power;
(I) promoting economic reform, private sector engagement, and inclusive economic development while combating corruption and illicit economic activity, including that which involves the Sudanese security and intelligence services;
(J) securing unfettered humanitarian access across all regions of Sudan;
(K) supporting improved development outcomes, domestic resource mobilization, and catalyzing market-based solutions to improve access to health, education, water and sanitation, and livelihoods; and
(L) promoting responsible international and regional engagement.
(a) Sense of congress.—It is the sense of Congress that the political transition in Sudan, following several months of popular protests against the regime of Omar al-Bashir, represents an opportunity for the United States to support democracy, good governance, rule of law, human rights, and fundamental freedoms in Sudan.
(b) In general.—Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to—
(1) provide for democracy and governance programs that strengthen and build the capacity of representative civilian government institutions, political parties, and civil society in Sudan;
(2) support the organization of free, fair, and credible elections in Sudan;
(3) provide technical support for legal and policy reforms that improve transparency and accountability and protect human rights, including religious freedom, and civil liberties in Sudan;
(4) support for human rights and fundamental freedoms, including the freedoms of religion or belief; expression, including for members of the press, assembly; and association in Sudan;
(5) support measures to improve and increase women’s participation in the political, economic, and social sectors of Sudan; and
(6) support other related democracy, good governance, rule of law, and fundamental freedom programs and activities.
(c) Authorization of appropriations.—Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be appropriated for each such fiscal year to carry out this section.
(a) In general.—Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for programs in Sudan to—
(1) increase agricultural and livestock productivity;
(2) promote economic growth, increase private sector productivity and advance market-based solutions to address development challenges;
(3) support women’s economic empowerment and economic opportunities for youth and previously marginalized populations;
(4) improve equal access to quality basic education;
(5) support the capacity of universities to equip students to participate in a pluralistic and global society through virtual exchange and other programs;
(6) improve access to water, sanitation, and hygiene projects;
(7) build the capacity of national and subnational government officials to support the transparent management of public resources, promote good governance through combating corruption and improving accountability, increase economic productivity, and increase domestic resource mobilization; and
(8) support other related economic assistance programs and activities.
(b) Authorization of appropriations.—Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be appropriated, for each such fiscal year to carry out this section.
(a) In general.—Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapters 4, 5, and 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) to—
(1) support long-term peace and stability in Sudan by promoting national reconciliation and enabling a just, comprehensive, and sustainable peace, especially in regions that have been underdeveloped or affected by war, such as the states of Darfur, South Kordofan, Blue Nile, Red Sea, and Kassala;
(2) support civil society and other organizations working to address conflict prevention, mitigation, and resolution mechanisms and people-to-people reconciliation in Sudan, especially those addressing issues of marginalization and vulnerable groups, equal protection under the law, natural resource management, compensation and restoration of property, voluntary return, and sustainable solutions for displaced persons and refugees;
(3) strengthen civilian oversight of the Sudanese security and intelligence services and ensure that such services are not contributing to the perpetuation of conflict in Sudan and to the limitation of the civil liberties of all people in Sudan;
(4) assist in the human rights vetting and professional training of security force personnel due to be employed or deployed by the Sudanese security and intelligence services in regions that have been underdeveloped or affected by war, such as the states of Darfur, South Kordofan, Blue Nile, Red Sea, and Kassala, including members of any security forces being established pursuant to a peace agreement relating to such regions;
(5) support provisions of the Comprehensive Peace Agreement of 2005 and Abyei protocol, as appropriate, unless otherwise superseded by a new agreement signed in good faith—
(A) between stakeholders in this region and the Governments of Sudan and South Sudan to hold a free, fair, and credible referendum on the status of Abyei; and
(B) between stakeholders in this region and the Government of Sudan to support popular consultations on the status of the states of South Kordofan and Blue Nile; and
(6) support other related conflict mitigation programs and activities.
(b) Authorization of appropriations.—Of the funds authorized to be appropriated to carry out part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be appropriated for each such fiscal year to carry out this section.
(a) Sense of congress.—It is the sense of Congress that the Secretary of State should conduct robust diplomatic engagement to promote accountability and provide technical support to ensure that credible, transparent, and independent investigations of gross violations of human rights perpetrated by the Government of Sudan under former President Omar al-Bashir and the Transitional Military Council since June 30, 1989.
(b) In general.—Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to—
(1) build the capacity of civilian investigators within and outside of Sudan on how to document, investigate, develop findings of, identify, and locate those responsible for war crimes, crimes against humanity, or genocide in Sudan;
(2) collect, document, and protect evidence of war crimes, crimes against humanity, and genocide in Sudan and preserve the chain of custody for such evidence, including by providing support for Sudanese, foreign, and international nongovernmental organizations, and other entities engaged in such investigative activities;
(3) build Sudan’s judicial capacity to support prosecutions in domestic courts and support investigations by hybrid or international courts as appropriate;
(4) protect witnesses who participate in court proceedings or other transitional justice mechanisms; and
(5) support other related conflict mitigation programs and activities.
(c) Authorization of appropriations.—Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.), for fiscal years 2021 and 2022, $10,000,000 is authorized to be appropriated for each such fiscal year to carry out this section.
(a) In general.—The President is authorized to suspend the provision of assistance authorized under section 1299R–4, 1299R–5, 1299R–6, or 1299R–7 to the Government of Sudan if the President determines that conditions in Sudan or the composition of the Government of Sudan changes such that it is no longer in the United States national interest to continue to provide such assistance.
(b) Report.—Not later than 30 days after making a determination under subsection (a), the President shall submit to the appropriate congressional committees a report that describes—
(1) the political and security conditions in Sudan that led to such determination; and
(2) any planned diplomatic engagement to restart the provision of such assistance.
(a) Sense of the Congress.—It is the sense of the Congress that—
(1) Sudan’s economic challenges are a legacy of decades of kleptocracy, economic mismanagement, and war;
(2) Sudan’s economic recovery will depend on—
(A) combating corruption and illicit economic activity;
(B) ending internal conflicts in the states of Darfur, South Kordofan, and Blue Nile; and
(C) promoting inclusive economic growth and development; and
(3) the COVID–19 outbreak constitutes a grave danger to Sudan’s economic stability, public health, and food security and jeopardizes the transition to a civilian-led government that promotes the democratic aspirations of the Sudanese people.
(b) Responding to the COVID–19 outbreak.—During the transitional period in Sudan, and notwithstanding any other provision of law, the Secretary of the Treasury may instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to support loans or other utilization of the funds of the respective institution for Sudan for the purpose of addressing basic human needs, responding to the COVID–19 outbreak and its impact on the country’s economic stability, or promoting democracy, governance, or public financial management in Sudan.
(c) Debt relief.—Upon the removal of Sudan from the State Sponsors of Terrorism List, and once the Sovereignty Council is chaired by a civilian leader, the Secretary of the Treasury and the Secretary of State should engage with international financial institutions and other bilateral official creditors to advance agreement through the Heavily Indebted Poor Countries (HIPC) Initiative to restructure, reschedule, or cancel the sovereign debt of Sudan.
(d) Reporting requirement.—Not later than 3 months after the date of the enactment of this Act, and not less than every 6 months thereafter during the transitional period, the Secretary of the Treasury, in consultation with the Secretary of State, shall report to the appropriate congressional committees on the extent to which the transitional government of Sudan has taken demonstrable steps to strengthen governance and improve fiscal transparency, including—
(1) establishing civilian control over the finances and assets of the Sudanese security and intelligence services;
(2) developing a transparent budget that accounts for all expenditures related to the security and intelligence services;
(3) identifying the shareholdings in all public and private companies not exclusively dedicated to the national defense held or managed by the security and intelligence services, and publicly disclosing, evaluating, and transferring all such shareholdings to the Ministry of Finance of the Government of Sudan or to any specialized entity of the Government of Sudan established under law for this purpose, which is ultimately accountable to a civilian authority;
(4) ceasing the involvement of the security and intelligence services officials, and their immediate family members, in the illicit trade in mineral resources, including petroleum and gold;
(5) implementing a publicly transparent methodology for the Government of Sudan to recover, evaluate, hold, manage, or divest any state assets and the profits derived from the assets that may have been transferred to the National Congress Party, an affiliate of the National Congress Party, or an official of the National Congress Party in the individual capacity of such an official;
(6) identifying and monitoring the nature and purpose of offshore financial resources controlled by the security and intelligence services; and
(7) strengthening banking regulation and supervision and addressing anti-money laundering and counter-terrorism financing deficiencies.
(e) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Appropriations of the United States Senate.
The Secretary of State, in coordination with the Secretary of the Treasury and the Attorney General, shall seek to advance the efforts of the Government of Sudan to recover assets stolen from the Sudanese people, including with regard to international efforts to—
(1) identify and track assets taken from the people and institutions of Sudan through theft, corruption, money laundering, or other illicit means; and
(2) with respect to assets identified pursuant to paragraph (1), work with foreign governments and international organizations to—
(A) share financial investigations intelligence, as appropriate;
(B) oversee and manage the assets identified pursuant to paragraph (1);
(C) as appropriate, advance, advance civil forfeiture litigation, including providing technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures; and
(D) work with the Government of Sudan to ensure that a credible mechanism is established to ensure that any recovered assets are managed in a transparent and accountable fashion and ultimately used for the benefit of the Sudanese people, provided that—
(i) returned assets are not used for partisan political purposes; and
(ii) there are robust financial management and oversight measures to safeguard repatriated assets.
(a) In general.—The President may not provide assistance (other than assistance authorized under section 1299R–6) to the Sudanese security and intelligence services until the President submits to Congress a certification that the Government of Sudan has met the conditions described in subsection (c).
(1) EXCEPTION.—The Secretary of State may, as appropriate and notwithstanding any other provision of law, provide assistance for the purpose of professionalizing the Sudanese security and intelligence services, through institutions such as the Africa Center for Strategic Studies and the United States Institute of Peace.
(2) WAIVER.—The President may waive the limitation on the provision of assistance under subsection (a) if, not later than 30 days before the assistance is to be provided, the President submits to the appropriate congressional committees—
(A) a list of the activities and participants to which such waiver would apply;
(B) a justification that the waiver is in the national security interest of the United States; and
(C) a certification that the participants have met the requirements of either section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) for programs funded through Department of State appropriations or section 362 of title 10, United States Code, for programs funded through Department of Defense appropriations.
(1) IN GENERAL.—The conditions described in this subsection are that the Sudanese security and intelligence services—
(A) have demonstrated progress in undertaking security sector reform, including reforms that professionalize such security and intelligence services, improve transparency, and reforms to the laws governing the security forces, such as of the National Security Act of 2010 and the Sudan Armed Forces Act of 2007;
(B) support efforts to respect human rights, including religious freedom, and hold accountable any members of such security and intelligence services responsible for human rights violations and abuses, including by taking demonstrable steps to cooperate with local or international mechanisms of accountability, to ensure that those responsible for war crimes, crimes against humanity, and genocide committed in Sudan are brought to justice;
(C) are under civilian oversight, subject to the rule of law, and are not undertaking actions to undermine a civilian-led transitional government or an elected civilian government;
(D) have refrained from targeted attacks against religious or ethnic minority groups, have negotiated in good faith during the peace process and constructively participated in the implementation of any resulting peace agreements, and do not impede inclusive political participation;
(E) allow unfettered humanitarian access by United Nations organizations and specialized agencies and domestic and international humanitarian organizations to civilian populations in conflict-affected areas;
(F) cooperate with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to allow for the protection of displaced persons and the safe, voluntary, sustainable, and dignified return of refugees and internally displaced persons; and
(G) take constructive steps to investigate all reports of unlawful recruitment of children by Sudanese security forces and prosecute those found to be responsible.
(2) FORM.—The certification described in subsection (a) containing the conditions described in paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(d) Sunset.—This section shall terminate on the date that is the earlier of—
(1) the date that is 2 years after the date of the enactment of this Act; or
(2) the date on which the President determines that a successful rotation of military to civilian leadership in the Sovereignty Council has occurred.
(a) In general.—The President shall impose the sanctions described in subsection (b) with respect to any senior official of the Government of Sudan and any other foreign person that the President determines, on or after the date of enactment of this Act—
(1) is knowingly responsible for, complicit in, or has directly or indirectly engaged in—
(A) significant actions or policies that threaten the peace, security, or stability of Sudan, including through the use of armed groups;
(B) significant actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the civil and political rights of the Sudanese people and the political transition in Sudan;
(C) corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery;
(D) serious human rights abuses that may include the targeting of civilians through the commission of acts of violence, abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or a violation of international humanitarian law; or
(E) illicit exploitation of natural resources in Sudan;
(2) is a leader of an entity that has, or whose members have, engaged in any activity described in subparagraphs (A) through (E) of paragraph (1);
(3) has materially assisted, sponsored, or provided financial, material, logistical, or technological support for, or goods or services to or in support of—
(A) any activity described in paragraph (1); or
(B) any person whose property and interests in property are blocked pursuant to Executive Order No. 13400 (2006); or
(4) is owned or controlled by, or has acted or purported to act for or on behalf of, any other person whose property and interests in property are blocked pursuant to—
(A) subsection (b)(1); or
(B) Executive Order No. 13400 (2006).
(b) Sanctions described.—The sanctions to be imposed with respect to any foreign person described in subsection (a) are the following:
(1) BLOCKING OF PROPERTY.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property—
(A) are in the United States;
(B) come within the United States; or
(C) come within the possession or control of a United States person.
(2) INADMISSIBILITY FOR VISAS, ADMISSION, OR PAROLE.—
(A) VISAS, ADMISSION, OR PAROLE.—The foreign person is—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) CURRENT VISAS REVOKED.—The visa or other entry documentation of the foreign person shall be revoked, regardless of when such visa or other entry documentation is or was issued. A revocation under this subparagraph shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
(c) Exceptions To comply with united nations headquarters agreement.—Sanctions under subsection (b)(2) shall not apply with respect to a foreign person described in subsection (a) if admitting or paroling the foreign person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(d) Implementation; penalties.—
(1) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section and shall issue such regulations, licenses, and orders as are necessary to carry out this section.
(2) PENALTIES.—Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out paragraph (1) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(e) Waiver.—The President may waive the application of sanctions imposed with respect to a foreign person pursuant to subsection (a) if the President—
(1) determines that a waiver is in the national interest of the United States; and
(2) not later than the date on which such waiver will take effect, submits a notice of and justification for such waiver to the appropriate congressional committees.
(f) Termination of authority To impose sanctions.—The authority to impose sanctions under this section shall terminate on the date that is the earlier of 3 years after the date of the enactment of this Act or the date on which the President determines and certifies to the appropriate congressional committees that the Government of Sudan—
(1) has held free, fair, and credible general elections in accordance with the 2019 constitutional charter for the transitional period and a democratically elected head of state has been sworn in and taken office;
(2) is making significant progress towards respecting the freedoms of religion, speech, press, assembly, and association as described in the 2019 constitutional charter for the transitional period and toward holding free, fair, and credible elections by the end of the transitional period;
(3) is compliant with international norms and standards concerning the transparent allocation and disbursement of government directed funds;
(4) respects the right to freedom of religion, speech, press, assembly, and association for all Sudanese citizens;
(5) has ceased attacks on civilians, including through the use of militias;
(6) has negotiated in good faith to reach formal peace agreements with armed movements that had been in conflict with the Government of Sudan; and
(7) has ceased any material support or assistance to groups associated or linked to international terrorism.
(g) Exception relating to importation of goods.—
(1) IN GENERAL.—The authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods.
(2) GOOD DEFINED.—In this subsection, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(h) Exceptions to comply with national security.—The following activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).
(2) Any authorized intelligence or law enforcement activities of the United States.
(i) Definitions.—In this section:
(1) ADMITTED; ALIEN.—The terms “admitted” and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(3) FOREIGN PERSON.—The term “foreign person” means a person that is not a United States person.
(4) KNOWINGLY.—The term “knowingly” means, with respect to conduct, a circumstance, or a result, that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(5) UNITED STATES PERSON.—The term “United States person” means—
(A) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States;
(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity; or
(C) any person in the United States.
(a) Report on accountability for human rights abuses.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 2 years, the President shall submit to the appropriate congressional committees a report that—
(1) summarizes reports of gross violations of human rights, including sexual and gender-based violence, committed against civilians in Sudan, including members of the Sudanese security and intelligence services or any associated militias, between December 2018 and the date of the submission of the report;
(2) provides an update on any potential transitional justice mechanisms in Sudan to investigate, charge, and prosecute alleged perpetrators of gross violations of human rights in Sudan since June 30, 1989, including with respect to the June 3, 2019 massacre in Khartoum;
(3) provides an analysis of whether the gross violations of human rights summarized pursuant to paragraph (1) amount to war crimes, crimes against humanity, or genocide; and
(4) identifies specific cases since the beginning of the transitional period in which members of the Sudanese security and intelligence services have been charged and prosecuted for actions that constitute gross violations of human rights perpetrated since June 30, 1989.
(b) Report on certain activities and finances of senior officials of the government of sudan.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 1 year, the President shall submit to the appropriate congressional committees a report that—
(1) describes the actions and involvement of any previous or current senior officials of the Government of Sudan since the establishment of the transitional government in August 2019 in—
(A) directing, carrying out, or overseeing gross violations of human rights;
(B) directing, carrying out, or overseeing the unlawful use or recruitment of children by armed groups or armed forces in the context of conflicts in Sudan, Libya, Yemen, or other countries;
(C) directing, carrying out, or colluding in significant acts of corruption;
(D) directing, carrying out, or overseeing any efforts to circumvent the establishment of civilian control over the finances and assets of the Sudanese security and intelligence services; or
(E) facilitating, supporting, or financing terrorist activity in Sudan or other countries;
(2) identifies Sudanese and foreign financial institutions, including offshore financial institutions, in which senior officials of the Government of Sudan whose actions are described in paragraph (1) hold significant assets, and provides an estimate of the value of such assets;
(3) identifies any information United States Government agencies have obtained since August 2019 regarding persons, foreign governments, and Sudanese or foreign financial institutions that knowingly facilitate, finance, or otherwise benefit from corruption or illicit economic activity in Sudan, including the export of mineral resources, and, in particular, if that trade is violating any United States restrictions that remain in place by legislation or Executive order;
(4) identifies any information United States Government agencies have obtained since August 2019 regarding senior officials of the Government of Sudan who are personally involved in the illicit trade in mineral resources, including petroleum and gold; and
(5) identifies any information United States Government agencies have obtained since August 2019 regarding individuals or foreign governments that have provided funds to individual members of the Sovereignty Council or the Cabinet outside of the Central Bank of Sudan or the Ministry of Finance.
(c) Report on sanctions pursuant to Executive Order No. 13400.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report containing the names of senior Sudanese government officials that President determines meet the criteria to be sanctionable pursuant to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking property of persons in connection with the conflict in Sudan’s Darfur region).
(d) Form.—The reports required under subsections (b) and (c) shall be submitted in unclassified form but may include a classified annex.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury, shall submit to the appropriate congressional committees a strategy that includes—
(1) a clear articulation of specific United States goals and objectives with respect to a successful completion of the transitional period and a plan to achieve such goals and objectives;
(2) a description of assistance and diplomatic engagement to support a civilian-led government in Sudan for the remainder of the transitional period, including any possible support for the organization of free, fair, and credible elections;
(3) an assessment of the legal and policy reforms that have been and need to be taken by the government in Sudan during the transitional period in order to promote—
(A) human rights;
(B) freedom of religion, speech, press, assembly, and association; and
(C) accountability for human rights abuses, including for sexual and gender-based violence perpetrated by members of the Sudanese security and intelligence services;
(4) a description of efforts to address the legal and policy reforms mentioned in paragraph (3);
(5) a description of humanitarian and development assistance to Sudan and a plan for coordinating such assistance with international donors, regional partners, and local partners;
(6) a description of monitoring and evaluation plans for all forms of assistance to be provided under the strategy in accordance with the monitoring and evaluation requirements of section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114–191), to include a detailed description of all associated goals and benchmarks for measuring impact; and
(7) an assessment of security sector reforms undertaken by the Government of Sudan, including efforts to demobilize or integrate militias and to foster civilian control of the armed services.
(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that includes—
(1) a detailed description of the efforts taken to implement this subtitle; and
(2) recommendations for legislative or administrative measures to facilitate the implementation of this subtitle.
Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006 (Public Law 109–344; 50 U.S.C. 1701 note) is amended by striking “Southern Sudan,” and all that following through “Khartoum,” and inserting “Sudan”.
(a) Sudan peace act.—Effective January 1, 2020, the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 note) is repealed.
(b) Comprehensive peace in sudan act.—Effective January 1, 2020, the Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. note) is repealed.
This subtitle may be cited as the “Afghanistan Security and Reconstruction Transparency Act”.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall make publicly available all data pertaining to measures of performance of the Afghan National Defense and Security Forces (hereafter in this section referred to as “ANDSF”).
(b) Data To be included.—The data required to be made publicly available by subsection (a) shall include the following:
(1) The total quarterly ANDSF attrition rate and quarterly attrition rates for ANDSF components, including the Afghan National Army, the Afghan National Police, the Afghan Air Force, and the Afghan Local Police.
(2) The total number of ANDSF personnel dropped from the rolls for the quarter and the number of personnel dropped from the rolls by ANDSF component for the quarter.
(3) The total number of ANDSF personnel trained to date, the number of new ANDSF personnel that entered training for the quarter, the number of new ANDSF personnel that completed training for the quarter, the total number of personnel trained by ANDSF component to date, the number of new personnel by ANDSF component that entered training for the quarter, and the number of new personnel by ANDSF component that completed training for the quarter.
(4) The total number and percentage of unfilled ANDSF positions and the number and percentage of unfilled positions by ANDSF component.
(5) The percentage of ANDSF components assessed at full authorized and assigned strength.
(6) Detailed Afghan Ministry of Defense, Ministry of Interior, and ANDSF performance assessments.
(7) Information about the operational readiness of Afghan National Army and Afghan National Police equipment.
(8) Afghanistan Special Mission Wing information, including the number and type of airframes, the number of pilots and aircrew, and the operational readiness (and associated benchmarks) of airframes.
(9) Enemy-initiated attacks and effective enemy-initiated attacks on the ANDSF.
(a) In general.—The Secretary of Defense shall resume the production of district-level stability assessments of Afghan government and insurgent control and influence that were discontinued in 2018, to include district, population, and territorial control data.
(b) Public availability.—The Secretary of Defense shall make publicly available the assessments and all data pertaining to the assessments produced under subsection (a).
This subtitle may be cited as the “Leveraging Information on Foreign Traffickers Act” or the “LIFT Act”.
It is the sense of Congress that—
(1) the annual Trafficking In Persons Report prepared by the Department of State pursuant to the Trafficking Victims Protection Act of 2000 (the “TIP Report”) remains one of the most comprehensive, timely, and important sources of information on human trafficking in the world, and currently includes 187 individual country narratives;
(2) in January 2019, the statute mandating the TIP Report was amended to require that each report must cover efforts and activities occurring within the period from April 1 of the prior year through March 31 of the current year, which necessarily requires the collection and transmission of information after March 31;
(3) ensuring that the Department of State has adequate time to receive, analyze, and incorporate trafficking-related information into its annual Trafficking In Persons Report is important to the quality and comprehensiveness of that report;
(4) information regarding prevalence and patterns of human trafficking is important for understanding the scourge of modern slavery and making effective decisions about where and how to combat it; and
(5) United States officials responsible for monitoring and combating trafficking in persons around the world should receive available information regarding where and how often United States diplomatic and consular officials encounter persons who are responsible for, or who knowingly benefit from, severe forms of trafficking in persons.
Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended by striking “June 1” and inserting “June 30”.
(a) Extension.—Section 115(h) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended by striking “September 30, 2021” and inserting “September 30, 2025”.
(b) Compensation.—Section 115(f) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended—
(1) in paragraph (1), by striking “and” after the semicolon at the end;
(2) in paragraph (2), by striking the period at end and inserting “; and”; and
(3) by adding at the end the following new paragraph:
“(3) may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council.”.
(c) Compensation report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall provide to the relevant congressional committees a plan to implement compensation for members of the United States Advisory Council on Human Trafficking pursuant to paragraph (3) of section 115(f) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243), as added by subsection (b).
(a) In general.—Section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the following new subsection:
“(l) Information regarding human trafficking-Related visa denials.—
“(1) IN GENERAL.—The Secretary of State shall ensure that the Office to Monitor and Combat Trafficking in Persons and the Bureau of Diplomatic Security of the Department of State receive timely and regular information regarding United States visa denials based, in whole or in part, on grounds related to human trafficking.
“(2) DECISIONS REGARDING ALLOCATION.—The Secretary of State shall ensure that decisions regarding the allocation of resources of the Department of State related to combating human trafficking and to law enforcement presence at United States diplomatic and consular posts appropriately take into account—
“(A) the information described in paragraph (1); and
“(B) the information included in the most recent report submitted in accordance with section 110(b).”.
(b) Conforming amendment.—Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) is amended by adding at the end the following new paragraph:
“(18) GROUNDS RELATED TO HUMAN TRAFFICKING.—The term ‘grounds related to human trafficking’ means grounds related to the criteria for inadmissibility to the United States described in subsection (a)(2)(H) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182).”.
(a) Initial report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide to the relevant congressional committees a report that—
(1) describes the actions that have been taken and that are planned to implement subsection (l) of section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as added by section 1299T–5; and
(2) identifies by country and by United States diplomatic and consular post the number of visa applications denied during the previous calendar year with respect to which the basis for such denial, included grounds related to human trafficking (as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), as amended by section 1299T–5(b)).
(b) Annual report.—Beginning with the first annual anti-trafficking report required under subsection (b)(1) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107; enacted as division A of the Victims of Trafficking and Violence Protection Act of 2000) that is submitted after the date of the enactment of this Act and concurrent with each such subsequent submission for the following 7 years, the Secretary of State shall submit to the relevant congressional committees a report that contains information relating to the number and the locations of United States visa denials based, in whole or in part, on grounds related to human trafficking (as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), as amended by section 1299T–5(b)) during the period covered by each such annual anti-trafficking report.
In this subtitle:
(1) LOCATIONS OF UNITED STATES VISA DENIALS.—The term “location of United States visa denials” means—
(A) the United States diplomatic or consular post at which a denied United States visa application was adjudicated; and
(B) the city or locality of residence of the applicant whose visa application was so denied.
(2) RELEVANT CONGRESSIONAL COMMITTEES.—The term “relevant congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
(a) Funding allocation.—Of the $373,690,000 authorized to be appropriated to the Department of Defense for fiscal year 2021 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $2,924,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement, $216,200,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/Administrative Costs, $27,922,000.
(b) Specification of cooperative threat reduction funds.—Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2021, 2022, and 2023.
It is the sense of Congress that—
(1) keeping Americans safe means ensuring that global health security is prioritized as a national security issue;
(2) as highlighted by the 2017 National Security Strategy of the United States, biological threats, whether “deliberate attack, accident, or a natural outbreak”, are growing threats and “require actions to address them at their source” through programs carried out by cooperative engagement, such as working “with partners to ensure that laboratories that handle dangerous pathogens have in place safety and security measures”;
(3) the 2017 National Security Strategy of the United States appropriately affirms the importance of supporting advancements in biomedical innovation while mitigating harm caused by advanced bioweapons and capabilities;
(4) the intrinsically linked nature of biological threats, whether naturally occurring, accidental, or deliberate, underscores the relationship between the Global Health Security Strategy of the United States and the National Biodefense Strategy, and the national security tools used to prevent and mitigate these threats must be similarly connected;
(5) biological threats are a critical emerging threat against the United States and addressing these threats through cooperative programs is an opportunity to achieve long-standing nonproliferation goals;
(6) cooperative programs to address biological threats through improved global capacity in the areas of biosafety, biosecurity, bio-surveillance, research oversight, and related legislative and regulatory frameworks have become even more important as the world faces increasing availability of and advancements in biotechnology, which has broad dual-use and proliferation implications;
(7) under the Cooperative Threat Reduction Program of the Department of Defense established under the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.), Congress authorized the Secretary of Defense to address such threats through activities to prevent, detect, and report on highly pathogenic diseases or other diseases, “regardless of whether such diseases are caused by biological weapons”;
(8) in 2014, President Obama declared the Ebola virus disease epidemic a national security priority and exercised the authority under such Program to build capacity that mitigated the imminent threat posed by the Ebola virus disease and established capabilities required to prevent future outbreaks;
(9) many of the prevention, detection, and response capacities built in response to the Ebola virus disease epidemic are also those used to prevent, detect, and respond to the use of biological weapons abroad;
(10) continuing to use cooperative engagement programs is in the national security interests of the United States because of the important relationships established between the United States and partner countries, which are based on ideals such as transparency, information sharing, and a shared responsibility in advancing global security;
(11) the recent coronavirus disease 2019 (COVID–19) global pandemic has illustrated the dire consequences resulting from a single disease that knows no boundaries, impacting the United States economy and the health of United States citizens and members of the Armed Forces, both domestically and abroad;
(12) in light of the impacts caused by COVID–19, and following two congressionally mandated reports that call for better implementation of the biological cooperative engagement programs of the United States and the National Biodefense Strategy (the report published by the Government Accountability Office on March 11, 2020, titled “National Biodefense Strategy: Opportunities and Challenges with Early Implementation” and the report published by the National Academies of Sciences, Engineering, and Medicine on April 14, 2020, titled “A Strategic Vision for Biological Threat Reduction: The U.S. Department of Defense and Beyond”), it is of utmost importance that such programs are given due and increased prioritization for national security purposes; and
(13) the Secretary of Defense and the Secretary of State should make every effort to prioritize and advance the determination, concurrence, and notification processes under the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.) to provide for necessary new country determinations in a timely manner and be responsive to emerging biological threats.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.—Amounts authorized to be appropriated under subsection (a) are authorized for—
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the National Defense Sealift Fund, as specified in the funding tables in section 4501.
(a) Authority for transfer of funds.—Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(b) Use of transferred funds.—For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
There is hereby authorized to be appropriated for fiscal year 2021 from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000 for the operation of the Armed Forces Retirement Home.
The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2021 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.
Funds are hereby authorized to be appropriated for fiscal year 2021 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, military personnel accounts, as specified in the funding table in section 4402.
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.
The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.
(a) Authority To transfer authorizations.—
(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2021 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2) LIMITATION.—The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $2,500,000,000.
(1) IN GENERAL.—Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.
(2) ADDITIONAL LIMITATION ON TRANSFERS FROM THE NATIONAL GUARD AND RESERVE EQUIPMENT.—The authority provided by subsection (a) may not be used to transfer any amount from National Guard and Reserve Equipment.
(c) Additional authority.—The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
(a) Continuation of prior authorities and notice and reporting requirements.—Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2021 shall be subject to the conditions contained in—
(1) subsections (b) through (f) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577) (as amended by subsection (b)).
(b) Extension of prior notice and reporting requirements.—Section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577) is amended by striking “through January 31, 2021” and inserting “through January 31, 2023”.
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and is intended for transfer to the security forces of the Ministry of Defense and the Ministry of the Interior of the Government of Afghanistan, but is not accepted by such security forces.
(2) CONDITIONS ON ACCEPTANCE OF EQUIPMENT.—Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that such equipment was procured for the purpose of meeting requirements of the security forces of the Ministry of Defense and the Ministry of the Interior of the Government of Afghanistan, as agreed to by both the Government of Afghanistan and the Government of the United States, but is no longer required by such security forces or was damaged before transfer to such security forces.
(3) ELEMENTS OF DETERMINATION.—In making a determination under paragraph (2) regarding equipment, the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary. An explanation of each determination, including the basis for the determination and the alternatives considered, shall be included in the relevant quarterly report required under paragraph (5).
(4) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.—Equipment accepted under the authority provided by paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—
(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).
(iii) Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 note).
(B) ELEMENTS.—Each report under subparagraph (A) shall include a list of all equipment that was accepted during the period covered by such report and treated as stocks of the Department of Defense and copies of the determinations made under paragraph (2), as required by paragraph (3).
(d) Security of afghan women.—
(1) IN GENERAL.—Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2021, it is the goal that $29,100,000, but in no event less than $10,000,000, shall be used for the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces.
(2) TYPES OF PROGRAMS AND ACTIVITIES.—Such programs and activities may include—
(A) efforts to recruit and retain women into the Afghan National Defense and Security Forces, including the special operations forces;
(B) programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense of Afghanistan and the Office of Human Rights, Gender and Child Rights of the Ministry of Interior of Afghanistan;
(C) development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior of Afghanistan;
(D) efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;
(E) improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;
(F) support for Afghanistan National Police Family Response Units;
(G) security provisions for high-profile female police and military officers;
(H) programs to promote conflict prevention, management, and resolution through the meaningful participation of Afghan women in the Afghan National Defense and Security Forces, by exposing Afghan women and girls to the activities of and careers available with such forces, encouraging their interest in such careers, or developing their interest and skills necessary for service in such forces; and
(I) enhancements to Afghan National Defense and Security Forces recruitment programs for targeted advertising with the goal of increasing the number of female recruits.
(e) Assessment of afghanistan progress on objectives.—
(1) ASSESSMENT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing—
(A) the progress of the Government of the Islamic Republic of Afghanistan toward meeting shared security objectives; and
(B) the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided under subsection (a).
(2) MATTERS TO BE INCLUDED.—In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following:
(A) The extent to which the Government of Afghanistan has a strategy for, and has taken steps toward, increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior of Afghanistan.
(B) The extent to which the capability and capacity of the Afghan National Defense and Security Forces have improved as a result of Afghanistan Security Forces Fund investment, including through training, and an articulation of the metrics used to assess such improvements.
(C) The extent to which the Afghan National Defense and Security Forces have been able to increase pressure on the Taliban, al-Qaeda, the Haqqani network, the Islamic State of Iraq and Syria-Khorasan, and other terrorist organizations, including by re-taking territory, defending territory, and disrupting attacks.
(D) The distribution practices of the Afghan National Defense and Security Forces and whether the Government of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces charged with fighting the Taliban and other terrorist organizations.
(i) the policy governing the use of Acquisition and Cross Servicing Agreements (ACSA) in Afghanistan;
(ii) each ACSA transaction by type, amount, and recipient for calendar year 2020; and
(iii) for any transactions from the United States to Afghan military forces, an explanation for why such transaction was not carried out under the authorities of the Afghanistan Security Forces Fund.
(F) The extent to which the Government of Afghanistan has designated the appropriate staff, prioritized the development of relevant processes, and provided or requested the allocation of resources necessary to support a peace and reconciliation process in Afghanistan.
(G) A description of the ability of the Ministry of Defense and the Ministry of Interior of Afghanistan to manage and account for previously divested equipment, including a description of any vulnerabilities or weaknesses of the internal controls of such Ministry of Defense and Ministry of Interior and any plan in place to address shortfalls.
(H) A description of any significant irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the period beginning on May 1, 2020, and ending on May 1, 2021, including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment so procured.
(I) A description of the sustainment and maintenance costs required during the 5-year period beginning on the date of the enactment of this Act, for major weapons platforms previously divested, and a description of the plan for the Afghan National Defense and Security Forces to maintain such platforms in the future.
(J) The extent to which the Government of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States.
(K) The extent to which the Government of Afghanistan has made progress in achieving security sector benchmarks as outlined by the United States-Afghan Compact (commonly known as the “Kabul Compact”) and a description of any other documents, plans, or agreements used by the United States to measure security sector progress.
(L) The extent to which the Government of Afghanistan or the Secretary has developed a plan to integrate former Taliban fighters into the Ministries of Defense or Interior.
(M) Such other factors as the Secretaries consider appropriate.
(N) The extent to which the Government of Afghanistan has prioritized the development of relevant processes to combat gross human rights violation and to promote religious freedom and peace in Afghanistan.
(O) The extent to which the Afghan National Defense and Security Forces have been able to promote religious freedom by increasing pressure on the Taliban, al-Qaeda, the Haqqani network, the Islamic State of Iraq and Syria-Khorasan, and other terrorist organizations by connecting regional peace with the practice of freedom of religion or belief.
(3) FORM.—The assessment required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(4) WITHHOLDING OF ASSISTANCE FOR INSUFFICIENT PROGRESS.—
(A) IN GENERAL.—If the Secretary of Defense determines, in coordination with the Secretary of State and pursuant to the assessment under paragraph (1), that the Government of Afghanistan has made insufficient progress in the areas described in paragraph (2), the Secretary of Defense shall—
(i) withhold $401,500,000, to be derived from amounts made available for assistance for the Afghan National Defense and Security Forces, from expenditure or obligation until the date on which the Secretary certifies to the congressional defense committees that the Government of Afghanistan has made sufficient progress; and
(ii) notify the congressional defense committees not later than 30 days before withholding such funds.
(B) WAIVER.—If the Secretary of Defense determines that withholding such assistance would impede the national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance, the Secretary may waive the withholding requirement under subparagraph (A) if the Secretary, in coordination with the Secretary of State, certifies such determination to the congressional defense committees not later than 30 days before the effective date of the waiver.
(f) Additional reporting requirements.—The Secretary of Defense shall include in the materials submitted in support of the budget for fiscal year 2022 that is submitted by the President under section 1105(a) of title 31, United States Code, each of the following:
(1) The amount of funding provided in fiscal year 2020 through the Afghanistan Security Forces Fund to the Government of Afghanistan in the form of direct government-to-government assistance or on-budget assistance for the purposes of supporting any entity of such government, including the Afghan National Defense and Security Forces, the Afghan Ministry of Interior, or the Afghan Ministry of Defense.
(2) The amount of funding provided and anticipated to be provided, as of the date of the submission of the materials, in fiscal year 2021 through such Fund in such form.
(3) To the extent the amount described in paragraph (2) exceeds the amount described in paragraph (1), an explanation as to the reason why the such amount is greater and the specific entities and purposes that were supported by such increase.
The Secretary of Defense shall include, in the materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2022—
(1) a description of each program funded in fiscal year 2021 using amounts authorized to be appropriated for overseas contingency operations under this title;
(2) the manner and extent to which the Secretary plans to shift the funding of each such program in the ensuing fiscal years to use amounts authorized to be appropriated other than for overseas contingency operations being carried out by the Armed Forces, disaggregated by fiscal year; and
(3) a plan to return all overseas contingency operations funding to the base budget, as appropriate, in accordance with the future-years defense plan set forth in the budget of the President for fiscal year 2021.
(a) Phase two acquisition strategy.—In carrying out the phase two acquisition strategy, the Secretary of the Air Force—
(1) may not change the mission performance requirements;
(2) may not change the acquisition schedule;
(3) may not award phase two contracts after September 30, 2024;
(4) shall award phase two contracts to not more than two National Security Space Launch providers;
(5) shall ensure that launch services are procured only from National Security Space Launch providers that meet the requirements for the phase two contracts;
(6) not later than 180 days after the date on which phase two contracts are awarded, shall terminate launch service agreement contracts awarded under such phase two acquisition strategy to each National Security Space Launch provider that is not a down-selected National Security Launch provider; and
(7) may not increase the total amount of funding included in the initial launch service agreements with down-selected National Security Launch providers.
(1) CERTIFICATION.—Not later than 18 months after the date on which the Secretary determines the down-selected National Security Space Launch providers, the Secretary shall certify to the appropriate congressional committees that the Secretary has completed all non-recurring design validation of previously flown launch hardware for National Security Space Launch providers offering such hardware for use in phase two contracts or in future national security space missions.
(2) REPORT.—Not later than 180 days after the date on which the Secretary determines the down-selected National Security Space Launch providers, the Secretary shall submit to the appropriate congressional committees a report on the progress of the Secretary with respect to completing all non-recurring design validation of previously flown launch hardware described in paragraph (1), including—
(A) a justification for any deviation from the new entrant certification guide; and
(B) a description of such progress with respect to National Security Space Launch providers that are not down-selected National Security Space Launch providers, if applicable.
(c) Funding for certification, infrastructure, and technology development.—
(1) AUTHORITY.—Pursuant to section 2371b of title 10, United States Code, not later than September 30, 2021, the Secretary of the Air Force shall enter into three agreements described in paragraph (3) with National Security Space Launch providers—
(A) to maintain competition in order to maximize the likelihood of at least three National Security Space Launch providers competing for phase three contracts; and
(B) to support innovation for national security launches under phase three contracts.
(2) COMPETITIVE PROCEDURES.—The Secretary shall carry out paragraph (1) by conducting a full and open competition among all National Security Space Launch providers that may submit bids for a phase three contract.
(3) AGREEMENTS.—An agreement described in this paragraph is an agreement that provides a National Security Space Launch provider with not more than $150,000,000 for the provider to conduct either or both of the following activities:
(A) Meet the certification and infrastructure requirements that are—
(i) unique to national security space missions; and
(ii) necessary for a phase three contract.
(B) Develop transformational technologies in support of the national security space launch capability for phase three contracts (such as technologies regarding launch, maneuver, and transport capabilities for enhanced resiliency and security technologies, as identified in the National Security Launch Architecture study of the Space and Missile Systems Center of the Space Force).
(4) REPORT.—Not later than 30 days after the date on which the Secretary enters into an agreement under paragraph (1), the Secretary shall submit to the appropriate congressional committees a report explaining how the Secretary determined the certification and infrastructure requirements and the transformational technologies covered under paragraph (3).
(d) Briefing.—Not later than December 31, 2020, the Secretary shall provide to the congressional defense committees a briefing on the progress made by the Secretary in ensuring that full and open competition exists for phase three contracts, including—
(1) a description of progress made to establish the requirements for phase three contracts, including such requirements that the Secretary determines cannot be met by the commercial market;
(2) whether the Secretary determines that additional development funding will be necessary for such phase;
(3) a description of the estimated costs for the development described in subparagraphs (A) and (B) of subsection (c)(3); and
(A) ensure full and open competition for technology development for phase three contracts; and
(B) maintain competition.
(e) Rule of construction.—Nothing in this section may be construed to delay the award of phase two contracts.
(f) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “down-selected National Security Launch provider” means a National Security Space Launch provider that the Secretary of the Air Force selected to be awarded phase two contracts.
(3) The term “phase three contract” means a contract awarded using competitive procedures for launch services under the National Security Space Launch program after fiscal year 2024.
(4) The term “phase two acquisition strategy” means the process by which the Secretary of the Air Force enters into phase two contracts during fiscal year 2020, orders launch missions during fiscal years 2020 through 2024, and carries out such launches under the National Security Space Launch program.
(5) The term “phase two contract” means a contract awarded during fiscal year 2020 using competitive procedures for launch missions ordered under the National Security Space Launch program during fiscal years 2020 through 2024.
Section 2534(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(7) STAR TRACKER.—A star tracker used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government.”.
(a) Procurement.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall procure commercial space domain awareness services by awarding at least two contracts for such services.
(b) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the enterprise space battle management command and control, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense, without delegation, certifies to the congressional committees that the Secretary of the Air Force has awarded the contracts under subsection (a).
(c) Report.—Not later than January 31, 2021, the Chief of Space Operations, in coordination with the Secretary of the Air Force, shall submit to the congressional defense committees a report detailing the commercial space domain awareness services, data, and analytics of objects in low-earth orbit that have been purchased during the two-year period preceding the date of the report. The report shall be submitted in unclassified form.
(d) Commercial space domain awareness services defined.—In this section, the term “commercial space domain awareness services” means space domain awareness data, processing software, and analytics derived from best-in-breed commercial capabilities to address warfighter requirements in low-earth orbit and fill gaps in current space domain capabilities of the Space Force, including commercial capabilities to—
(1) provide conjunction and maneuver alerts;
(2) monitor breakup and launch events; and
(3) detect and track objects smaller than 10 centimeters in size.
(a) In general.—The Secretary of Defense shall establish a domestic responsive satellite manufacturing capability for Department of Defense space operations to be used—
(1) for the development of components, systems, structures, and payloads necessary to reconstitute a national security space asset that has been destroyed, failed, or otherwise determined to be incapable of performing mission requirements; and
(2) to rapidly acquire and field necessary space-based capabilities needed to maintain continuity of national security space missions and limit capability disruption to the warfighter.
(b) Plan for responsive satellite infrastructure.—The Secretary of Defense, in consultation with the Secretary of the Air Force, the Chief of Space Operations, and the Commander of United States Space Command, shall develop an operational plan and acquisition strategy for responsive satellite infrastructure to swiftly identify need, develop capability, and launch a responsive satellite to fill a critical capability gap in the event of destruction or failure of a space asset or otherwise determined need.
(c) Matters included.—The plan outlined under subsection (b) shall include the following:
(1) A process for determining whether the reconstitution of a space asset is necessary.
(2) The timeframe in which a developed satellite is determined to be “responsive”.
(3) A plan to leverage domestic commercial entities in the “new space” supply chain that have already demonstrated rapid satellite product development and delivery capability to meet new “mission responsiveness” requirements being passed down by Department of Defense prime satellite contractors in—
(A) power systems and solar arrays;
(B) payloads and integration features; and
(C) buses and structures.
(4) An assessment of acquisition requirements and standards necessary for commercial entities to meet Department of Defense validation of supply chains, processes, and technologies while operating under rapid development cycles needed to maintain a responsive timeframe as determined by paragraph (2).
(5) Such other matters as the Secretary considers appropriate.
(d) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report detailing the plan under subsection (b).
(a) In general.—The Secretary of Defense shall establish a small launch and satellite policy to ensure responsive and reliable access to space through the processing and launch of Department of Defense small-class payloads.
(b) Policy.—The policy under subsection (a) shall include, at a minimum, providing resources and policy guidance to sustain—
(1) the availability of small-class payload launch service providers using launch vehicles capable of delivering into space small payloads designated by the Secretary of Defense as a national security payload;
(2) a robust small-class payload space launch infrastructure and industrial base;
(3) the availability of rapid, responsive, and reliable space launches for national security space programs to—
(A) improve the responsiveness and flexibility of a national security space system;
(B) lower the costs of launching a national security space system; and
(C) maintain risks of mission success at acceptable levels;
(4) a minimum number of dedicated launches each year; and
(5) full and open competition including small launch providers and rideshare opportunities.
(c) Acquisition strategy.—The Secretary shall develop and carry out a 5-year phased acquisition strategy, including near and long term, for the small launch and satellite policy under subsection (a).
(d) Elements.—The acquisition strategy under subsection (c) shall—
(A) stability in budgeting and acquisition of capabilities;
(B) flexibility to the Federal Government; and
(C) procedures for fair competition; and
(2) specifically take into account, as appropriate per competition, the effect of—
(A) contracts or agreements for launch services or launch capability entered into by the Department of Defense with small-class payload space launch providers;
(B) the requirements of the Department of Defense, including with respect to launch capabilities and pricing data, that are met by such providers;
(C) the cost of integrating a satellite onto a launch vehicle;
(D) launch performance history (at least three successful launches of the same launch vehicle design) and maturity;
(E) ability of a launch provider to provide the option of dedicated and rideshare launch capabilities; and
(F) any other matters the Secretary considers appropriate.
(e) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report describing a plan for the policy under subsection (a), including with respect to the cost of launches and an assessment of mission risk.
The Secretary of the Air Force shall implement a tactically responsive space launch program—
(1) to provide long-term continuity for tactically responsive space launch operations across the future-years defense program submitted to Congress under section 221 of title 10, United States Code;
(2) to accelerate the development of—
(A) responsive launch concepts of operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically responsive space launch, including—
(A) mission assurance processes; and
(B) command and control, tracking, telemetry, and communications; and
(4) to identify basing capabilities necessary to enable tactically responsive space launch, including mobile launch range infrastructure.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for increment 2 of the acquisition of military Global Positioning System user equipment terminals, not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense—
(1) certifies to the congressional defense committees that the Secretary of the Air Force is carrying out the program required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1724); and
(2) provides to the Committees on Armed Services of the House of Representatives and the Senate a briefing on how the Secretary is implementing such program, including with respect to addressing each element specified in subsection (b) of such section.
The Secretary of Defense may not enter into a contract, or extend or renew a contract, with an entity that engages in commercial terrestrial operations using the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band unless the Secretary has certified to the congressional defense committees that such operations do not cause harmful interference to a Global Positioning System device of the Department of Defense.
(a) Findings.—Congress finds the following:
(1) On April 19, 2020, the Federal Communications Commission issued an order and authorization granting Ligado Networks LLC the authority to operate a nationwide terrestrial communications network using the 1526–1536 megahertz band, the 1627.5–1637.5 megahertz band, or the 1646.5–1656.5 megahertz band.
(2) In an attempt to address interference to the Global Positioning System operating near those bands, Ligado Networks LLC has committed to assuming the costs mitigating any interference caused by their network.
(3) In the approval order, the Federal Communications Commission directed that “Ligado takes all necessary mitigation measures to prevent or remediate any potential harmful interference to U.S. Government devices, including devices used by the military, that are identified both pre- and post-deployment of Ligado’s network.”.
(4) In a letter to the Committee on Armed Services of the House of Representatives dated May 21, 2020, Ligado Networks LLC reaffirmed the commitment to bear the costs to the Department of Defense, stating that the “FCC directed Ligado to provide protections to GPS devices using its spectrum by imposing stringent coordination, cooperation, and replacement obligations on Ligado, so that Ligado bears the burden” and “Make no mistake: the obligation is ours, and the burden falls solely on our company.”.
(b) Prohibition.—Except as provided by subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 or any subsequent fiscal year for the Department of Defense may be obligated or expended to retrofit any Global Positioning System device or system, or network that uses the Global Positioning System, in order to mitigate interference from commercial terrestrial operations using the 1526–1536 megahertz band, the 1627.5–1637.5 megahertz band, or the 1646.5–1656.5 megahertz band.
(c) Actions not prohibited.—The prohibition in subsection (a) shall not apply to any action taken by the Secretary of Defense relating to—
(1) conducting technical or information exchanges with the entity that operates the commercial terrestrial operations in the megahertz bands specified in such subsection;
(2) seeking compensation for interference from such entity; or
(3) Global Positioning System receiver upgrades needed to address other resiliency requirements.
(a) Findings.—Congress finds the following:
(1) The national command, control, and communications system of the Department of Defense is essential to the national security of the United States.
(2) The Department of Defense requires the space segments of such system to be resilient and survivable to address advanced threats from Russia and China.
(3) The next-generation overhead persistent infrared missile warning satellites are being upgraded with enhanced resiliency features to make them much less vulnerable to attack and will begin launch in 2025.
(4) Because missile warning satellites rely on protected communications satellites to relay warnings and response orders, the next-generation overhead persistent infrared missile warning satellites will require protected communications satellites with enhanced resiliency features, however, the current plan of the Space Force is to provide those capabilities with the evolved strategic satellite communications program that will not be available until 2032 or later.
(5) As a result, the Chief of Space Operations should implement an accelerated plan to achieve more resilient protected communications satellites without delay.
(b) Report.—Not later than 60 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report on how the Space Force will address the need for resilient protected communications satellites during the years 2025 through 2032.
(a) Program authorized for Space Development Agency.—Section 1599h(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(7) SDA.—The Director of the Space Development Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency.”.
(b) Personnel management authority.—Section 1599h(b)(1) of such title is amended—
(1) by striking “and” at the end of subparagraph (E);
(2) by inserting “and” after the semicolon at the end of subparagraph (F); and
(3) by adding at the end the following new subparagraph:
“(G) in the case of the Space Development Agency, appoint individuals to a total of not more than 10 positions in the Agency, of which not more than 5 such positions may be positions of administration or management of the Agency;”.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the current and projected effects of COVID–19 on the space industrial base and the space programs of Department of Defense. The report shall include an assessment of each of the following:
(1) COVID–19 related and associated impacts to cost, timeline, and performance to the space industrial base and the space programs of Department, including with respect to—
(A) procurement and acquisition;
(B) research, development, test, and evaluation;
(C) partnerships with non-Federal governmental entities, such as universities and not-for-profit organizations; and
(D) labor force disruptions;
(2) Regional and sector-specific disruptions and concerns.
(3) Current mitigation strategies by both the Federal Government and industry.
(4) Any supplemental disaster appropriations requirements to mitigate impacts to such programs.
(5) Recommendations to address risks and threats to the Federal Government and industry relating to such impacts.
(a) Report on department of defense satellite antenna frequency licensing processes.—
(1) REPORTING REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Air Force and the Chief of Space Operations, shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a report on the Department’s processes and procedures for identifying and securing frequency licenses for national security space ground assets.
(2) MATTERS INCLUDED.—The report provided under paragraph (1) shall address the following:
(A) An assessment of current processes, procedures, requirements, timelines, and entities necessary to coordinate and secure frequency licensing for Department of Defense space ground antenna and assets.
(B) A plan to address and streamline procedures regarding the ingestion and licensing of commercial industry antenna in support of the augmentation of existing network capacity.
(C) A review of FOUO classification requirements for information and specifications related to the items addressed within this report.
(D) Such other matters as the Secretary considers appropriate.
(b) Designation of antenna specifications.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Air Force, in coordination with the Chief of Space Operations (CSO), shall identify and re-designate controlled unclassified information regarding details and technical antenna specifications, necessary to complete National Telecommunications and Information Administration (NTIA), Federal Communication Commission (FCC), and Friendly Nation frequency licensing processes, so that such information may be shared in regards to the guidelines of “Distribution Statement A” as defined by DoDI 5230.24.
(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Section 442 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f) Validation.—The National Geospatial-Intelligence Agency shall assist the Joint Chiefs of Staff, combatant commands, and the military departments in establishing, coordinating, consolidating, and validating mapping, charting, geodetic data, and safety of navigation capability requirements through a formal process governed by the Joint Staff. Consistent with validated requirements, the National Geospatial-Intelligence Agency shall provide aeronautical and nautical charts that are safe for navigation, maps, books, datasets, models, and geodetic products.”.
(a) Mission of National Geospatial-Intelligence Agency.—Section 442 of title 10, United States Code, as amended by section 1611, is further amended—
(A) by striking “means of navigating vessels of the Navy and the merchant marine” and inserting “the means for safe navigation”; and
(B) by striking “and inexpensive nautical charts” and all that follows and inserting “geospatial information for use by the departments and agencies of the United States, the merchant marine, and navigators generally.”; and
(A) by striking “shall prepare and” and inserting “shall acquire, prepare, and”;
(B) by striking “charts” and inserting “safe-for-navigation charts and datasets”; and
(C) by striking “geodetic” and inserting “geomatics”.
(1) IN GENERAL.—Section 451 of title 10, United States Code, is amended—
(A) in the heading, by striking “and books” and inserting “books, and datasets”;
(B) in paragraph (1), by striking “maps, charts, and nautical books” and inserting “nautical and aeronautical charts, topographic and geomatics maps, books, models, and datasets”; and
(C) by amending paragraph (2) to read as follows:
“(2) acquire (by purchase, lease, license, or barter) all necessary rights, including copyrights and other intellectual property rights, required to prepare, publish, and furnish to navigators the products described in paragraph (1).”.
(2) TABLE OF SECTIONS AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 22 of title 10, United States Code, is amended by striking the item relating to section 451 and inserting the following new item:
“451. Maps, charts, books, and datasets.”.
(c) Civil actions barred.—Section 456 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following:
“No civil action may be brought against the United States on the basis of the content of geospatial information prepared or disseminated by the National Geospatial-Intelligence Agency.”.
(d) Definitions.—Section 467 of title 10, United States Code, is amended—
(A) in the matter preceding subparagraph (A), by inserting “or about” after “boundaries on”;
(B) in subparagraph (A), by striking “statistical”; and
(i) by striking “geodetic” and inserting “geomatics”; and
(ii) by inserting “and services” after “products”; and
(2) in paragraph (5), by inserting “or about” after “activities on”.
(a) In general.—The Under Secretary of Defense for Intelligence and Security, in coordination with the Director of National Intelligence, shall enter into a joint agreement with the Academies to create a new “National Academies Climate Security Roundtable” (in this section referred to as the “roundtable”).
(b) Participants.—The roundtable shall include—
(1) the members of the Climate Security Advisory Council established under section 120 of the National Security Act of 1947 (50 U.S.C. 3060);
(2) senior representatives and practitioners from Federal science agencies, elements of the intelligence community, and the Department of Defense, who are not members of the Council; and
(3) key stakeholders in the United States scientific enterprise, including institutions of higher education, Federal research laboratories (including the national security laboratories), industry, and nonprofit research organizations.
(c) Purpose.—The purpose of the roundtable is—
(1) to support the duties and responsibilities of the Climate Security Advisory Council under section 120(c) of the National Security Act of 1947 (50 U.S.C. 3060(c));
(2) to develop best practices for the exchange of data, knowledge, and expertise among elements of the intelligence community, elements of the Federal Government that are not elements of the intelligence community, and non-Federal researchers;
(3) to facilitate dialogue and collaboration about relevant collection and analytic priorities among participants of the roundtable with respect to climate security;
(4) to identify relevant gaps in the exchange of data, knowledge, or expertise among participants of the roundtable with respect to climate security, and consider viable solutions to address such gaps; and
(5) to provide any other assistance, resources, or capabilities that the Director of National Intelligence or the Under Secretary determines necessary with respect to the Council carrying out the duties and responsibilities of the Council under such section 120(c).
(d) Meetings.—The roundtable shall meet at least quarterly, in coordination with the meetings of the Climate Security Advisory Council under section 120(c)(1) of the National Security Act of 1947 (50 U.S.C. 3060(c)(1)).
(e) Reports and briefings.—The joint agreement under subsection (a) shall specify that—
(1) the roundtable shall organize workshops, on at least a biannual basis, that include both participants of the roundtable and persons who are not participants, and may be conducted in classified or unclassified form in accordance with subsection (f);
(2) on a regular basis, the roundtable shall produce classified and unclassified reports on the topics described in subsection (c) and the activities of the roundtable, and other documents in support of the duties and responsibilities of the Climate Security Advisory Council under section 120(c) of the National Security Act of 1947 (50 U.S.C. 3060(c));
(3) the Academies shall provide recommendations by consensus to the Council on both the topics described in subsection (c) and specific topics as identified by participants of the roundtable;
(4) not later than March 1, 2021, and annually thereafter during the life of the roundtable, the Academies shall provide a briefing to the appropriate congressional committees on the progress and activities of the roundtable; and
(5) not later than September 30, 2025, the Academies shall submit a final report to the appropriate congressional committees on the activities of the roundtable.
(f) Security clearances.—Each participant of the roundtable shall have a security clearance at the appropriate level to carry out the duties of the participant under this section. A person who is not a participant who attends a workshop under subsection (e)(1) is not required to have a security clearance, and the roundtable shall ensure that any such workshop is held at the appropriate classified or unclassified level.
(g) Termination.—The roundtable shall terminate on September 30, 2025.
(h) Definitions.—In this section:
(1) The term “Academies” means the National Academies of Sciences, Engineering, and Medicine.
(2) The term “appropriate congressional committees” means—
(A) the Committee on Science, Space, and Technology, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(3) The term “Federal science agency” means any agency or department of the Federal Government with at least $100,000,000 in basic and applied research obligations in fiscal year 2019.
(4) The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5) The term “national security laboratory” has the meaning given the term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
(1) REQUIREMENT.—Not later than December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report containing an assessment of the current and potential threats and risks posed by quantum computing technologies. The Secretary shall conduct the assessment in a manner that allows the Secretary to better understand and prepare to counter the risks of quantum computing to national security.
(2) MATTERS INCLUDED.—The report under paragraph (1) shall include the following:
(A) An identification of national security systems that are vulnerable to current and potential threats and risks posed by quantum computing technologies.
(B) An assessment of quantum-resistant cryptographic standards, including a timeline for the development of such standards.
(C) An assessment of the feasibility of alternate quantum-resistant models.
(D) A description of any funding shortfalls in public and private efforts to develop such standards and models.
(E) Recommendations to counter the threats and risks posed by quantum computing technologies that prioritize, secure, and resource the defense of national security systems identified under subparagraph (A).
(b) Briefings.—During the period preceding the date on which the Secretary submits the report under subsection (a), the Secretary shall include in the quarterly briefings under section 484 of title 10, United States Code, an update on the assessment conducted under such subsection.
(c) Form.—The report under subsection (a) may be submitted in classified form.
Subsection (a) of section 238, title 10, United States Code, is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking “The Secretary” and inserting “Not later than five days after the submission by the President under section 1105(a) of title 31 of the budget, the Secretary”;
(B) by inserting “in both electronic and print formats” after “submit”; and
(C) by striking “2017” and inserting “2021”;
(2) in paragraph (1), by inserting “and the cyberspace operations forces” before the semicolon; and
(3) in paragraph (2), by inserting “and the cyberspace operations forces” before the period.
Section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended—
(i) striking clauses (i) through (iv); and
(ii) redesignating clauses (v) through (viii) as clauses (i) through (iv), respectively; and
(B) in subparagraph (B)(i), by striking “and who are appointed under clauses (iv) through (vii) of subparagraph (A)”;
(2) in subsection (d)(2), by striking “Seven” and inserting “Six”;
(A) striking “(1) In general.—(A)”; and
(B) striking paragraph (2);
(4) in subsection (i)(1)(B), by striking “officers or employees of the United States or”; and
(A) in subparagraph (A), by striking “at the end of the 120-day period beginning on” and inserting “2 years after”;
(i) striking “may use the 120-day” and inserting “shall use the 2-year”;
(ii) striking “for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report” and inserting the following: “for the purposes of—”:
“(i) collecting and assessing comments and feedback from the Executive Branch, academia, and the public on the analysis and recommendations contained in the Commission’s report;
“(ii) collecting and assessing any developments in cybersecurity that may affect the analysis and recommendations contained in the Commission’s report;
“(iii) reviewing the implementation of the recommendations contained in the Commission’s report;
“(iv) revising, amending, or making new recommendations based on the assessments and reviews required under clauses (i)–(iii);
“(v) providing an annual update to the congressional defense committees, the congressional intelligence committees, the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Director of National Intelligence, the Secretary of Defense, and the Secretary of Homeland Security in a manner and format determined by the Commission regarding any such revisions, amendments, or new recommendations; and
“(vi) concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report.”; and
(C) by adding at the end the following new subparagraph:
“(C) If the Commission is extended, and the effective date of such extension is after the date on which the Commission terminated, the Commission shall be deemed reconstituted with the same members and powers that existed on the day before such termination date, except that—
“(i) a member of the Commission may serve only if the member’s position continues to be authorized under subsection (b);
“(ii) no compensation or entitlements relating to a person’s status with the Commission shall be due for the period between the termination and reconstitution of the Commission;
“(iii) nothing in this subparagraph may be construed as requiring the extension or reemployment of any staff member or contractor working for the Commission;
“(iv) the staff of the Commission shall be—
“(I) selected by the co-chairs of the Commission in accordance with subsection (h)(1);
“(II) comprised of not more than four individuals, including a staff director; and
“(III) resourced in accordance with subsection (g)(4)(A);
“(v) with the approval of the co-chairs, may be provided by contract with a nongovernmental organization;
“(vi) any unexpended funds made available for the use of the Commission shall continue to be available for use for the life of the Commission, as well as any additional funds appropriated to the Department of Defense that are made available to the Commission, provided that the total such funds does not exceed $1,000,000 from the reconstitution of the Commission to the completion of the Commission; and
“(vii) the requirement for an assessment of the final report in subsection (l) shall be updated to require annually for a period of 2 years further assessments of the Federal Government’s responses to the Commission’s recommendations contained in such final report.”.
(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy, in conjunction with the Chief of Naval Operations, shall submit to the congressional defense committees a study of the Navy Cyber Warfare Development Group (NCWDG).
(b) Elements.—The study required under subsection (a) shall include the following:
(1) An examination of NCWDG’s structure, manning, authorities, funding, and operations.
(2) A review of organizational relationships both within the Navy and to other Department of Defense organizations, as well as non-Department of Defense organizations.
(3) Recommendations for how the NCWDG can be strengthened and improved, without growth in size.
(c) Designation.—Notwithstanding any other provision of law, the Secretary of the Navy shall designate the NCWDG as a screened command.
(d) Release.—The Secretary of the Navy shall transmit the study required under subsection (a) to the secretaries of the military services and the Commander of United States Special Operations Command.
(e) Exemplar.—The service secretaries and the Commander of United States Special Operations Command are authorized to establish counterpart tailored cyberspace operations organizations of comparable size to the NCWDG within the military service or command, respectively, of each such secretary and Commander. Such counterpart organizations shall have the same authorities as the NCWDG. Not later than 30 days after receipt by each of the service secretaries and the Commander under subsection (d) of the study required under subsection (a), each such service secretary and Commander, as the case may be, shall brief the congressional defense committees regarding whether or not each such service secretary or Commander intends to utilize the authority under this subsection.
(1) IN GENERAL.—In this section:
(A) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given such term in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(B) SECTOR RISK MANAGEMENT AGENCY.—The term “Sector Risk Management Agency” means a Federal department or agency designated as a Sector Specific Agency under Presidential Policy Directive–21 to be responsible for providing institutional knowledge and specialized expertise to, as well as leading, facilitating, or supporting, the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment.
(2) REFERENCE.—Any reference to a Sector-Specific Agency in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Sector Risk Management Agency of the Federal Government for the relevant critical infrastructure sector.
(b) Designation.—The Secretary of Defense shall designate the Principal Cyber Advisor of the Department of Defense as the lead official, and the Office of the Principal Cyber Advisor as the lead component, for the Department’s role and functions as the Sector Risk Management Agency for the Defense Industrial Base.
(c) Responsibilities.—As the lead official for the Department of Defense’s Sector Risk Management Agency functions, the Principal Cyber Advisor of the Department shall be responsible for all activities performed by the Department in its support of the Defense Industrial Base, as one of the critical infrastructure sectors of the United States. Such activities shall include the following:
(1) Synchronization, harmonization, de-confliction, and management for the execution of all Department programs, initiatives, efforts, and communication related to the Department’s Sector Risk Management Agency function, including any Department program, initiative, or effort that addresses the cybersecurity of the Defense Industrial Base.
(2) Leadership and management of the Defense Industrial Base Government Coordinating Council.
(3) Direct interface and sponsorship of the Defense Industrial Base Sector Coordinating Council.
(4) Organization of quarterly in-person meetings of both the Defense Industrial Base Government Coordinating Council and the Defense Industrial Base Sector Coordinating Council.
(d) Additional functions.—In carrying out this section, the Principal Cyber Advisor of the Department of Defense shall—
(1) coordinate with relevant Federal departments and agencies, and collaborate with critical infrastructure owners and operators, where appropriate with independent regulatory agencies, and with State, local, territorial, and Tribal entities, as appropriate;
(2) serve as a day-to-day Federal interface for the dynamic prioritization and coordination of sector-specific activities;
(3) carry out incident management responsibilities;
(4) provide, support, or facilitate technical assistance and consultations for the Defense Industrial Base to identify cyber or physical vulnerabilities and help mitigate incidents, as appropriate; and
(5) support the statutorily required reporting requirements of such relevant Federal departments and agencies by providing to such departments and agencies on an annual basis sector-specific critical infrastructure information.
(a) Resources for cyber education.—
(1) IN GENERAL.—The Chief Information Officer of the Department of Defense, in consultation with the Director of the National Security Agency (NSA), shall examine the current policies permitting National Security Agency employees to use up to 140 hours of paid time toward NSA’s cyber education programs.
(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Chief Information Officer shall submit to the congressional defense committees and the congressional intelligence committees a strategy for expanding the policies described in paragraph (1) to—
(i) individuals who occupy positions described in section 1599f of title 10, United States Code; and
(ii) any other individuals who the Chief Information Officer determines appropriate.
(B) IMPLEMENTATION PLAN.—The report required under subparagraph (A) shall detail the utilization of the policies in place at the National Security Agency, as well as an implementation plan that describes the mechanisms needed to expand the use of such policies to accommodate wider participation by individuals described in such subparagraph. Such implementation plan shall detail how such individuals would be able to connect to the instructional and participatory opportunities available through the efforts, programs, initiatives, and investments accounted for in the report required under section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), including the following programs:
(i) GenCyber.
(ii) Centers for Academic Excellence – Cyber Defense.
(iii) Centers for Academic Excellence – Cyber Operations.
(C) DEADLINE.—Not later than 120 days after the submission of the report required under subparagraph (A), the Chief Information Officer of the Department of Defense shall carry out the implementation plan contained in such report.
(b) Improving the training with industry program.—
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Principal Cyber Advisor of the Department of Defense, in consultation with the Principal Cyber Advisors of the military services and the Under Secretary of Defense for Personnel and Readiness, shall submit to the congressional defense committees a review of the current utilization and utility of the Training With Industry (TWI) programs, including relating to the following:
(A) Recommendations regarding how to improve and better utilize such programs, including regarding individuals who have completed such programs.
(B) An implementation plan to carry out such recommendations.
(2) ADDITIONAL.—Not later than 90 days after the submission of the report required under paragraph (1), the Principal Cyber Advisor of the Department of Defense shall carry out the implementation plan required under paragraph (1).
(c) Alignment of cybersecurity training programs.—
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing recommendations on how cybersecurity training programs described in section 1649 of the National Defense Authorization Act for Fiscal Year 2020 can be better aligned and harmonized.
(2) REPORT.—The report required under paragraph (1) shall provide recommendations concerning the following topics and information:
(A) Developing a comprehensive mechanism for utilizing and leveraging the Cyber Excepted Service workforce of the Department of Defense referred to in subsection (a), as well as mechanisms for military participation.
(B) Unnecessary redundancies in such programs, or in any related efforts, initiatives, or investments.
(C) Mechanisms for tracking participation and transition of participation from one such program to another.
(D) Department level oversight and management of such programs.
(3) CYBER WORKFORCE PIPELINE AND EARLY CHILDHOOD EDUCATION.—
(A) ELEMENTS.—The Secretary of Defense shall, when completing the report required under paragraph (1), take into consideration existing Federal childhood cyber education programs, including the programs identified in the report required under section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) and the Department of Homeland Security’s Cybersecurity Education and Training Assistance Program (CETAP), that can provide opportunities to military-connected students and members of the Armed Forces to pursue cyber careers.
(B) DEFINITION.—In this paragraph, the term “military-connected student” means an individual who—
(i) is a dependent a member of the Armed Forces serving on active duty; and
(ii) is enrolled in a preschool, an elementary or secondary school, or an institution of higher education.
(1) IN GENERAL.—Effective beginning in October 2020, the Secretary of Defense and the secretaries of the military services shall submit to the congressional defense committees a monthly report in writing that documents each instance or indication of a cross-domain compromise within the Department of Defense.
(2) PROCEDURES.—The Secretary of Defense shall submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify such committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
(3) DEFINITION.—In this subsection, the term “cross domain compromise” means any unauthorized connection between software, hardware, or both designed for use on a network or system built for classified data and the public internet.
(b) Exemptions to policy for information technology.—Not later than 6 months after the date of the enactment of this Act and biannually thereafter, the Secretary of Defense and the secretaries of the military services shall submit to the congressional defense committees a report in writing that enumerates and details each current exemption to information technology policy, interim Authority To Operate (ATO) order, or both. Each such report shall include other relevant information pertaining to each such exemption, including relating to the following:
(1) Risk categorization.
(2) Duration.
(3) Estimated time remaining.
(a) Requirement.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall—
(1) conduct a review and assessment of any ongoing public-private collaborative initiatives involving the Department of Defense and the private sector related to cybersecurity and defense of critical infrastructure, including—
(A) the United States Cyber Command’s Pathfinder initiative and any derivative initiative;
(B) the Department’s support to and integration with existing Federal cybersecurity centers and organizations; and
(C) comparable initiatives led by other Federal departments or agencies that support long-term public-private cybersecurity collaboration; and
(2) make recommendations for improvements and the requirements and resources necessary to institutionalize and strengthen the initiatives described in subparagraphs (A) through (C) of paragraph (1).
(1) IN GENERAL.—The Secretary of Defense shall submit to the congressional defense committees a report on the review, assessment, and recommendations under subsection (a).
(2) FORM.—The report required under paragraph (1) may be submitted in unclassified or classified form, as necessary.
(c) Definition.—In this section, the term “critical infrastructure” has the meaning given such term in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(a) Evaluation.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in conjunction with the Chief of the National Guard Bureau, shall submit to the congressional defense committees, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate a review of the statutes, rules, regulations, and standards that pertain to the use of the National Guard for the response to and recovery from significant cyber incidents.
(b) Recommendations.—The review required under subsection (a) shall address the following:
(1) Regulations promulgated under section 903 of title 32, United States Code, to allow the National Guard to conduct homeland defense activities that the Secretary of Defense determines to be necessary and appropriate in accordance with section 902 of such title in response to a cyber attack.
(2) Compulsory guidance from the Chief of the National Guard Bureau regarding how the National Guard shall collaborate with the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the Federal Bureau of Investigation of the Department of Justice through multi-agency task forces, information-sharing groups, incident response planning and exercises, and other relevant forums and activities.
(3) A plan for how the Chief of the National Guard Bureau will collaborate with the Secretary of Homeland Security to develop an annex to the National Cyber Incident Response Plan that details the regulations and guidance described in paragraphs (1) and (2).
(c) Definition.—The term “significant cyber incident” means a cyber incident that results, or several related cyber incidents that result, in demonstrable harm to—
(1) the national security interests, foreign relations, or economy of the United States; or
(2) the public confidence, civil liberties, or public health and safety of the American people.
(a) Requirement.—Not later than 270 days after the date of the enactment of this Act, the Principal Cyber Advisor to the Secretary of Defense, in conjunction with the Under Secretary for Personnel and Readiness of the Department of Defense and the Principal Cyber Advisors of the military services, shall complete an assessment and evaluation of reserve models tailored to the support of cyberspace operations for the Department.
(b) Evaluation components.—The assessment and evaluation required under subsection (a) shall include the following components:
(1) A current assessment of reserve and National Guard support to Cyber Operations Forces.
(2) An enumeration and evaluation of various reserve, National Guard, auxiliary, and non-traditional support models which are applicable to cyberspace operations, including a consideration of models utilized domestically and internationally.
(3) A utility assessment of a dedicated reserve cadre specific to United States Cyber Command and Cyber Operations Forces.
(4) An analysis of the costs associated with the models evaluated pursuant to paragraph (2).
(5) An assessment of the recruitment programs necessary for implementation of the models evaluated pursuant to paragraph (2).
(1) IN GENERAL.—The Secretary of Defense, acting through the Principal Cyber Advisor of the Department of Defense, shall submit to the congressional defense committees a report on the assessment and evaluation required under subsection (a).
(2) FORM.—The report required under paragraph (1) may be submitted in classified or unclassified form, as necessary.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall submit to the relevant congressional committees a report on Federal cybersecurity centers and the potential for better coordination of Federal cyber efforts at an integrated cyber center within the national cybersecurity and communications integration center of the Department of Homeland Security established pursuant to section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
(b) Contents.—To prepare the report required by subsection (a), the Secretary of Homeland Security shall aggregate information from components of the Department of Homeland Security with information provided to the Secretary of Homeland Security by the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence. Such aggregated information shall relate to the following topics:
(1) Any challenges regarding capacity and funding identified by the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Attorney General, the Secretary of Defense, or the Director of National Intelligence that negatively impact coordination with the national cybersecurity and communications integration center of the Department of Homeland Security in furtherance of the security and resilience of critical infrastructure.
(2) Distinct statutory authorities identified by the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Defense, or the Director of National Intelligence that should not be leveraged by an integrated cyber center within the national cybersecurity and communications integration center.
(3) Any challenges associated with effective mission coordination and deconfliction between the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and other Federal agencies that could be addressed with the creation of an integrated cyber center within the national cybersecurity and communications integration center.
(4) How capabilities or missions of existing Federal cyber centers could benefit from greater integration or collocation to support cybersecurity collaboration with critical infrastructure at an integrated cyber center within the national cybersecurity and communications integration center, including the following Federal cyber centers:
(A) The National Security Agency’s Cyber Threat Operations Center.
(B) United States Cyber Command’s Joint Operations Center.
(C) The Office of the Director of National Intelligence’s Cyber Threat Intelligence Integration Center.
(D) The Federal Bureau of Investigation’s National Cyber Investigative Joint Task Force.
(E) The Department of Defense’s Defense Cyber Crime Center.
(F) The Office of the Director of National Intelligence’s Intelligence Community Security Coordination Center.
(c) Elements.—The report required under subsection (a) shall—
(1) identify any challenges regarding the Cybersecurity and Infrastructure Security Agency’s current authorities, structure, resources, funding, ability to recruit and retain its workforce, or interagency coordination that negatively impact the ability of the Agency to fulfill its role as the central coordinator for critical infrastructure cybersecurity and resilience pursuant to its authorities under the Homeland Security Act of 2002, and information on how establishing an integrated cyber center within the national cybersecurity and communications integration center would address such challenges;
(2) identify any facility needs for the Cybersecurity and Infrastructure Security Agency to adequately host personnel, maintain sensitive compartmented information facilities, and other resources to serve as the primary coordinating body charged with forging whole-of-government, public-private collaboration in cybersecurity, pursuant to such authorities;
(3) identify any lessons from the United Kingdom’s National Cybersecurity Center model to determine whether an integrated cyber center within the Cybersecurity and Infrastructure Security Agency should be similarly organized into an unclassified environment and a classified environment;
(4) recommend any changes to procedures and criteria for increasing and expanding the participation and integration of public- and private-sector personnel into Federal cyber defense and security efforts, including continuing limitations or hurdles in the security clearance program for private sector partners and integrating private sector partners into a Cybersecurity and Infrastructure Security Agency integrated cyber center; and
(5) propose policies, programs, or practices that could overcome challenges identified in the aggregated information under subsection (b), including the creation of an integrated cyber center within the national cybersecurity and communications integration center, accompanied by legislative proposals, as appropriate.
(d) Plan.—Upon submitting the report pursuant to subsection (a), the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall develop a plan to establish an integrated cyber center within the national cybersecurity and communications integration center.
(e) Establishment.—Not later than 1 year after the submission of the report required under subsection (a), the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall begin establishing an integrated cyber center in the national cybersecurity and communications integration center.
(f) Annual updates.—Beginning 1 year after the submission of the report required under subsection (a) and annually thereafter, the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall submit to the relevant congressional committees updates regarding efforts to establish and operate an integrated cyber center in the national cybersecurity and communications integration center pursuant to subsection (e), including information on progress made toward overcoming any challenges identified in the report required by subsection (a).
(g) Privacy review.—The Privacy Officers of the Department of Homeland Security, the Department of Defense, the Department of Justice, and the Federal Bureau of Investigation, and the Director of National Intelligence shall review and provide to the relevant congressional committees comment, as appropriate, on each report and legislative proposal submitted under this section.
(h) Definition.—In this section, the term “relevant congressional committees” means—
(1) in the House of Representatives—
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Permanent Select Committee on Intelligence; and
(D) the Committee on Homeland Security; and
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Select Committee on Intelligence; and
(D) the Committee on Homeland Security and Governmental Affairs.
(a) In general.—In consultation with the Cyber Threat Data Standards and Interoperability Council established pursuant to subsection (d), the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall develop an information collaboration environment and associated analytic tools that enable entities to identify, mitigate, and prevent malicious cyber activity to—
(1) provide limited access to appropriate operationally relevant data about cybersecurity risks and cybersecurity threats, including malware forensics and data from network sensor programs, on a platform that enables query and analysis;
(2) allow such tools to be used in classified and unclassified environments drawing on classified and unclassified data sets;
(3) enable cross-correlation of data on cybersecurity risks and cybersecurity threats at the speed and scale necessary for rapid detection and identification;
(4) facilitate a comprehensive understanding of cybersecurity risks and cybersecurity threats; and
(5) facilitate collaborative analysis between the Federal Government and private sector critical infrastructure entities and information and analysis organizations.
(b) Implementation of information collaboration environment.—
(1) EVALUATION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall—
(A) identify, inventory, and evaluate existing Federal sources of classified and unclassified information on cybersecurity threats;
(B) evaluate current programs, applications, or platforms intended to detect, identify, analyze, and monitor cybersecurity risks and cybersecurity threats; and
(C) coordinate with private sector critical infrastructure entities and, as determined appropriate by the Secretary of Homeland Security, in consultation with the Secretary of Defense, other private sector entities, to identify private sector cyber threat capabilities, needs, and gaps.
(2) IMPLEMENTATION.—Not later than 1 year after the evaluation required under paragraph (1), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall begin implementation of the information collaboration environment developed pursuant to subsection (a) to enable participants in such environment to develop and run analytic tools referred to in such subsection on specified data sets for the purpose of identifying, mitigating, and preventing malicious cyber activity that is a threat to government and critical infrastructure. Such environment and use of such tools shall—
(A) operate in a manner consistent with relevant privacy, civil rights, and civil liberties policies and protections, including such policies and protections established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
(B) account for appropriate data standards and interoperability requirements, consistent with the standards set forth in subsection (d);
(C) enable integration of current applications, platforms, data, and information, including classified information, in a manner that supports integration of unclassified and classified information on cybersecurity risks and cybersecurity threats;
(D) incorporate tools to manage access to classified and unclassified data, as appropriate;
(E) ensure accessibility by entities the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), determines appropriate;
(F) allow for access by critical infrastructure stakeholders and other private sector partners, at the discretion of the Secretary of Homeland Security, in consultation with the Secretary of Defense;
(G) deploy analytic tools across classification levels to leverage all relevant data sets, as appropriate;
(H) identify tools and analytical software that can be applied and shared to manipulate, transform, and display data and other identified needs; and
(I) anticipate the integration of new technologies and data streams, including data from government-sponsored network sensors or network-monitoring programs deployed in support of State, local, Tribal, and territorial governments or private sector entities.
(c) Annual review of impacts on privacy, civil rights, and civil liberties.—The Secretary of Homeland Security and the Director of National Intelligence (acting through the Director of the Cybersecurity and Infrastructure Security Agency and the Director of the National Security Agency, respectively) shall direct the Privacy, Civil Rights, and Civil Liberties Officers of their respective agencies, in consultation with Privacy, Civil Rights, and Civil Liberties Officers of other Federal agencies participating in the information collaboration environment, to conduct an annual review of the information collaboration environment for compliance with fair information practices and civil rights and civil liberties policies. Each such report shall be—
(1) unclassified, to the maximum extent possible, but may contain a non-public or classified annex to protect sources or methods and any other sensitive information restricted by Federal law;
(2) with respect to the unclassified portions of each such report, made available on the public internet websites of the Department of Homeland Security and the Office of the Director of National Intelligence—
(A) not later than 30 days after submission to the appropriate congressional committees; and
(B) in an electronic format that is fully indexed and searchable; and
(3) with respect to a classified annex, submitted to the appropriate congressional committees in an electronic format that is fully indexed and searchable.
(d) Post-Deployment assessment.—Not later than 2 years after the implementation of the information collaboration environment under subsection (b), the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency) shall jointly submit to te appropriate congressional committees an assessment of whether to include additional entities, including critical infrastructure information sharing and analysis organizations, in such environment.
(e) Cyber Threat Data Standards and Interoperability Council.—
(1) ESTABLISHMENT.—There is established an interagency council, to be known as the “Cyber Threat Data Standards and Interoperability Council” (in this subsection referred to as the “council”), chaired by the Secretary of Homeland Security, to establish data standards and requirements for public and private sector entities to participate in the information collaboration environment developed pursuant to subsection (a).
(A) PRINCIPAL MEMBERS.—In addition to the Secretary of Homeland Security, the council shall be composed of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).
(B) ADDITIONAL MEMBERS.—The President shall identify and appoint council members from public and private sector entities who oversee programs that generate, collect, or disseminate data or information related to the detection, identification, analysis, and monitoring of cybersecurity risks and cybersecurity threats, based on recommendations submitted by the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).
(3) DATA STREAMS.—The council shall identify, designate, and periodically update programs that shall participate in or be interoperable with the information collaboration environment developed pursuant to subsection (a), which may include the following:
(A) Network-monitoring and intrusion detection programs.
(B) Cyber threat indicator sharing programs.
(C) Certain government-sponsored network sensors or network-monitoring programs.
(D) Incident response and cybersecurity technical assistance programs.
(E) Malware forensics and reverse-engineering programs.
(F) The defense industrial base threat intelligence program of the Department of Defense.
(4) DATA GOVERNANCE.—The council shall establish a committee comprised of the privacy officers of the Department of Homeland Security, the Department of Defense, and the National Security Agency. Such committee shall establish procedures and data governance structures, as necessary, to protect sensitive data, comply with Federal regulations and statutes, and respect existing consent agreements with private sector critical infrastructure entities that apply to critical infrastructure information.
(5) RECOMMENDATIONS.—The council shall, as appropriate, submit recommendations to the President to support the operation, adaptation, and security of the information collaboration environment developed pursuant to subsection (a).
(f) No additional activities authorized.—Nothing in section may be construed to—
(1) alter the responsibility of entities to follow guidelines issued pursuant to section 105(b) of the Cybersecurity Act of 2015 (6 U.S.C. 1504(b); enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113)) with respect to data obtained by an entity in connection with activities authorized under the Cybersecurity Act of 2015 and shared through the information collaboration environment developed pursuant to subsection (a); or
(2) authorize Federal or private entities to share information in a manner not already permitted by law.
(g) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) in the House of Representatives—
(i) the Permanent Select Committee on Intelligence;
(ii) the Committee on Homeland Security;
(iii) the Committee on the Judiciary; and
(iv) the Committee on Armed Services; and
(i) the Select Committee on Intelligence;
(ii) the Committee on Homeland Security and Governmental Affairs;
(iii) the Committee on the Judiciary; and
(iv) the Committee on Armed Services.
(2) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).
(3) CRITICAL INFRASTRUCTURE INFORMATION.—The term “critical infrastructure information” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).
(4) CYBER THREAT INDICATOR.—The term “cyber threat indicator” has the meaning given such term in section 102(6) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(6))).
(5) CYBERSECURITY RISK.—The term “cybersecurity risk” has the meaning given such term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
(6) CYBERSECURITY THREAT.—The term “cybersecurity threat” has the meaning given such term in section 102(5) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(5))).
(7) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—The term “information sharing and analysis organization” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).
(a) Definition.—In this section, the term “defense industrial base” means the worldwide industrial complex with capabilities to perform research and development, design, produce, deliver, and maintain military weapon systems, subsystems, components, or parts to meet military requirements.
(b) Defense industrial base threat intelligence program.—
(1) IN GENERAL.—The Secretary of Defense shall establish a threat intelligence program to share with and obtain from the defense industrial base information and intelligence on threats to national security.
(2) PROGRAM REQUIREMENTS.—At a minimum, the Secretary of Defense shall ensure the threat intelligence sharing program established pursuant to paragraph (1) includes the following:
(A) Cybersecurity incident reporting requirements that—
(i) extend beyond current mandatory incident reporting requirements;
(ii) set specific timeframes for all categories of such mandatory incident reporting; and
(iii) create a single clearinghouse for all such mandatory incident reporting to the Department of Defense, including covered unclassified information, covered defense information, and classified information.
(B) A mechanism for developing a shared and real-time picture of the threat environment.
(C) Joint, collaborative, and co-located analytics.
(D) Investments in technology and capabilities to support automated detection and analysis across the defense industrial base.
(E) Coordinated intelligence sharing with relevant domestic law enforcement and counterintelligence agencies, in coordination, respectively, with the Director of the Federal Bureau of Investigation and the Director of National Intelligence.
(F) A process for direct sharing of threat intelligence related to a specific defense industrial base entity with such entity.
(3) EXISTING INFORMATION SHARING PROGRAMS.—The Secretary of Defense may utilize an existing Department of Defense information sharing program to satisfy the requirement under paragraph (1) if such existing program includes, or is modified to include, two-way sharing of threat information that is specifically relevant to the defense industrial base, including satisfying the requirements specified in paragraph (2).
(4) INTELLIGENCE QUERIES.—As part of a threat intelligence sharing program under this subsection, the Secretary of Defense shall require defense industrial base entities holding a Department of Defense contract to consent to queries of foreign intelligence collection databases related to such entity as a condition of such contract.
(c) Threat intelligence program participation.—
(1) PROHIBITION ON PROCUREMENT.—Beginning on the date that is than 1 year after the date of the enactment of this Act, the Secretary of Defense may not procure or acquire, or extend or renew a contract to procure or acquire, any item, equipment, system, or service from any entity that is not a participant in—
(A) the threat intelligence sharing program established pursuant paragraph (1) of subsection (b); or
(B) a comparably widely-utilized threat intelligence sharing program described in paragraph (3) of such subsection.
(2) APPLICATION TO SUBCONTRACTORS.—No entity holding a Department of Defense contract may subcontract any portion of such contract to another entity unless that second entity—
(A) is a participant in a threat intelligence sharing program under this section; or
(B) has received a waiver pursuant to subsection (d).
(3) IMPLEMENTATION.—In implementing the prohibition under paragraph (1), the Secretary of Defense—
(A) may create tiers of requirements and participation within the applicable threat intelligence sharing program referred to in such paragraph based on—
(i) an evaluation of the role of and relative threats related to entities within the defense industrial base; and
(ii) cybersecurity maturity model certification level; and
(B) shall prioritize available funding and technical support to assist entities as is reasonably necessary for such entities to participate in a threat intelligence sharing program under this section.
(1) WAIVER.—The Secretary of Defense may waive the prohibition under subsection (b)—
(A) with respect to an entity or class of entities, if the Secretary determines that the requirement to participate in a threat intelligence sharing program under this section is unnecessary to protect the interests of the United States; or
(B) at the request of an entity, if the Secretary determines there is compelling justification for such waiver.
(2) PERIODIC REEVALUATION.—The Secretary of Defense shall periodically reevaluate any waiver issued pursuant to paragraph (1) and promptly revoke any waiver the Secretary determines is no longer warranted.
(1) RULEMAKING AUTHORITY.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate such rules and regulations as are necessary to carry out this section.
(2) CMMC HARMONIZATION.—The Secretary of Defense shall ensure that the threat intelligence sharing program requirements set forth in the rules and regulations promulgated pursuant to paragraph (1) consider an entity’s maturity and role within the defense industrial base, in accordance with the maturity certification levels established in the Department of Defense Cybersecurity Maturity Model Certification program.
(a) In general.—Subject to the availability of appropriations, the Secretary of Defense, in consultation with the Director of the National Institute of Standards and Technology, may award financial assistance to a Center for the purpose of providing cybersecurity services to small manufacturers.
(b) Criteria.—If the Secretary carries out subsection (a), the Secretary, in consultation with the Director, shall establish and publish on the grants.gov website, or successor website, criteria for selecting recipients for financial assistance under this section.
(c) Use of financial assistance.—Financial assistance under this section—
(1) shall be used by a Center to provide small manufacturers with cybersecurity services relating to—
(A) compliance with the cybersecurity requirements of the Department of Defense Supplement to the Federal Acquisition Regulation, including awareness, assessment, evaluation, preparation, and implementation of cybersecurity services; and
(B) achieving compliance with the Cybersecurity Maturity Model Certification framework of the Department of Defense; and
(2) may be used by a Center to employ trained personnel to deliver cybersecurity services to small manufacturers.
(1) IN GENERAL.—Not less frequently than once every 2 years, the Secretary shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a biennial report on financial assistance awarded under this section.
(2) CONTENTS.—To the extent practicable, each report submitted under paragraph (1) shall include the following with respect to the years covered by the report:
(A) The number of small manufacturing companies assisted.
(B) A description of the cybersecurity services provided.
(C) A description of the cybersecurity matters addressed.
(D) An analysis of the operational effectiveness and cost-effectiveness of the cybersecurity services provided.
(e) Termination.—The authority of the Secretary to award of financial assistance under this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
(f) Definitions.—In this section:
(1) The term “Center” has the meaning given such term in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)).
(2) The term “small manufacturer” has the meaning given that tern in section 1644(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2224 note).
(a) Definition.—In this section:
(1) DEFENSE INDUSTRIAL BASE.—The term “defense industrial base” means the worldwide industrial complex with capabilities to perform research and development, design, produce, deliver, and maintain military weapon systems, subsystems, components, or parts to meet military requirements.
(2) ADVANCED DEFENSE INDUSTRIAL BASE.—The term “advanced defense industrial base” means any entity in the defense industrial base holding a Department of Defense contract that requires a cybersecurity maturity model certification of level 4 or higher.
(b) Defense industrial base cybersecurity threat hunting study.—
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study of the feasibility and resourcing required to establish the Defense Industrial Base Cybersecurity Threat Hunting Program (in this section referred to as the “Program”) described in subsection (c).
(2) ELEMENTS.—The study required under paragraph (1) shall—
(A) establish the resources necessary, governance structures, and responsibility for execution of the Program, as well as any other relevant considerations determined by the Secretary;
(B) include a conclusive determination of the Department of Defense’s capacity to establish the Program by the end of fiscal year 2021; and
(C) identify any barriers that would prevent such establishment.
(c) Defense industrial base cybersecurity threat hunting program.—
(1) IN GENERAL.—Upon a positive determination of the Program’s feasibility pursuant to the study required under subsection (b), the Secretary of Defense shall establish the Program to actively identify cybersecurity threats and vulnerabilities within the information systems, including covered defense networks containing controlled unclassified information, of entities in the defense industrial base.
(2) PROGRAM LEVELS.—In establishing the Program in accordance with paragraph (1), the Secretary of Defense shall develop a tiered program that takes into account the following:
(A) The cybersecurity maturity of entities in the defense industrial base.
(B) The role of such entities.
(C) Whether each such entity possesses controlled unclassified information and covered defense networks.
(D) The covered defense information to which such an entity has access as a result of contracts with the Department of Defense.
(3) PROGRAM REQUIREMENTS.—The Program shall—
(A) include requirements for mitigating any vulnerabilities identified pursuant to the Program;
(B) provide a mechanism for the Department of Defense to share with entities in the defense industrial base malicious code, indicators of compromise, and insights on the evolving threat landscape;
(C) provide incentives for entities in the defense industrial base to share with the Department of Defense, including the National Security Agency’s Cybersecurity Directorate, threat and vulnerability information collected pursuant to threat monitoring and hunt activities; and
(D) mandate a minimum level of program participation for any entity that is part of the advanced defense industrial base.
(d) Threat identification program participation.—
(1) PROHIBITION ON PROCUREMENT.—If the Program is established pursuant to subsection (c), beginning on the date that is 1 year after the date of the enactment of this Act, the Secretary of Defense may not procure or obtain, or extend or renew a contract to procure or obtain, any item, equipment, system, or service from any entity in the defense industrial base that is not in compliance with the requirements of the Program.
(2) IMPLEMENTATION.—In implementing the prohibition under paragraph (1), the Secretary of Defense shall prioritize available funding and technical support to assist affected entities in the defense industrial base as is reasonably necessary for such affected entities to commence participation in the Program and satisfy Program requirements.
(A) WAIVER.—The Secretary of Defense may waive the prohibition under paragraph (1)—
(i) with respect to an entity or class of entities in the defense industrial base, if the Secretary determines that the requirement to participate in the Program is unnecessary to protect the interests of the United States; or
(ii) at the request of such an entity, if the Secretary determines there is a compelling justification for such waiver.
(B) PERIODIC REEVALUATION.—The Secretary of Defense shall periodically reevaluate any waiver issued pursuant to subparagraph (A) and revoke any such waiver the Secretary determines is no longer warranted.
(e) Use of personnel and third-Party threat hunting and sensing capabilities.—In carrying out the Program, the Secretary of Defense may—
(1) utilize Department of Defense personnel to hunt for threats and vulnerabilities within the information systems of entities in the defense industrial base that have an active contract with Department of Defense;
(2) certify third-party providers to hunt for threats and vulnerabilities on behalf of the Department of Defense;
(3) require the deployment of network sensing technologies capable of identifying and filtering malicious network traffic; or
(4) employ a combination of Department of Defense personnel and third-party providers and tools, as the Secretary determines necessary and appropriate, for the entity described in paragraph (1).
(1) RULEMAKING AUTHORITY.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate such rules and regulations as are necessary to carry out this section.
(2) CMMC HARMONIZATION.—In promulgating rules and regulations pursuant to paragraph (1), the Secretary of Defense shall consider how best to integrate the requirements of this section with the Department of Defense Cybersecurity Maturity Model Certification program.
(a) Relationship with United States Digital Service.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator of the United States Digital Service shall establish a direct relationship between the Department of Defense and the United States Digital Service to address authorities, hiring processes, roles, and responsibilities.
(b) Certification.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator of the United States Digital Service shall jointly certify to the congressional defense committees that the skills and qualifications of the Department of Defense personnel assigned to and supporting the core functions of the Defense Digital Service are consistent with the skills and qualifications United States Digital Service personnel.
Of the funds authorized to be appropriated by this Act for fiscal year 2021 for the National Defense University, not more than 60 percent of such funds may be obligated or expended until the Joint Staff and the National Defense University present to the congressional defense committees the following:
(1) A comprehensive plan for resourcing and growing the student population of the College of Information and Cyberspace, including by—
(A) enrolling a minimum of 350 cyber workforce students per academic year; and
(B) graduating a minimum of 42 students (including a minimum of 28 United States military students) in the Joint Professional Military Education Phase II War College 10- month resident program in fiscal year 2021, and implementing a plan to graduate a minimum of 70 students (including a minimum of 50 United States military and civilian students) in fiscal year 2023 and in each year thereafter through the Future Year Defense Program.
(2) Budget documents for the Future Year Defense Program which show funding for the College of Information and Cyberspace to support the comprehensive plan described in subsection (a).
(3) A comprehensive presentation of how programs of study on cyber-related matters are being expanded and integrated into Joint Professional Military Education at all National Defense University constituent colleges.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Director, and in consultation with Sector Risk Management Agencies and other appropriate Federal departments, shall, after notice and an opportunity for comment, establish requirements and a process for covered critical infrastructure entities to report a covered cybersecurity incident to the national cybersecurity and communications integration center of the Department of Homeland Security, in furtherance of its mission with respect to cybersecurity risks as set forth in section 2209.
(b) Procedures.—The cybersecurity incident reporting requirements and process described in subsection (a) shall, at a minimum, include—
(1) a definition of covered critical infrastructure entities that are required to comply with the reporting requirements of this section, based on threshold criteria related to—
(A) the likelihood that such entity may be targeted by a malicious cyber actor, including a foreign country;
(B) consequences that disruption to or compromise of such entity could cause to national security, economic security, or public health and safety; and
(C) maturity of security operations in detecting, investigating, and mitigating a cybersecurity incident;
(2) criteria for the types and thresholds for a covered cybersecurity incident to be reported under this section, including the sophistication or novelty of the cyber attack, the type, volume, and sensitivity of the data at issue, and the number of individuals affected or potentially affected by a cybersecurity incident, subject to the limitations described in subsection (c); and
(3) procedures to comply with reporting requirements pursuant to subsection (c).
(c) Cybersecurity incident reporting requirements for covered critical infrastructure entities.—
(1) IN GENERAL.—A covered critical infrastructure entity, as defined by the Director pursuant to subsection (b),meets the requirements of this paragraph if, upon becoming aware that a covered cybersecurity incident, including an incident involving ransomware, social engineering, malware, or unauthorized access, has occurred involving any critical infrastructure system or subsystem of the critical infrastructure, the entity—
(A) promptly reports such incident to the national cybersecurity and communications integration center, consistent with such requirements and process, as soon as practicable (but in no case later than 72 hours after the entity first becomes aware that the incident occurred); and
(B) provides all appropriate updates to any report submitted under subparagraph (A).
(2) CONTENTS OF REPORT.—Each report submitted under subparagraph (A) of paragraph (1) shall contain such information as the Director prescribes in the reporting procedures issued under subsection (a), including the following information with respect to any cybersecurity incident covered by the report:
(A) The date, time, and time zone when the cybersecurity incident began, if known.
(B) The date, time, and time zone when the cybersecurity incident was detected.
(C) The date, time, and duration of the cybersecurity incident.
(D) The circumstances of the cybersecurity incident, including the specific critical infrastructure systems or subsystems believed to have been accessed and information acquired, if any, as well as any interdependent systems that suffered damage, disruption, or were otherwise impacted by the incident.
(E) Any planned and implemented technical measures to respond to and recover from the incident.
(F) In the case of any report which is an update to a prior report, any additional material information relating to the incident, including technical data, as it becomes available.
(d) Effect of other reporting.—A covered critical infrastructure entity shall not be considered to have satisfied the reporting requirements set forth in subsection (c)(1) by reporting information required pursuant to subsection (c)(2) related to a covered cybersecurity incident to any person, agency or organization, including a law enforcement agency, other than to the Director using the incident reporting procedures establish by the national cybersecurity and communications integration center using the incident reporting procedures established by the Director pursuant to subsection (a).
(e) Disclosure, retention, and use.—
(1) AUTHORIZED ACTIVITIES.—Covered cybersecurity incidents and related reporting information provided to the Director pursuant to this section may not be disclosed to, retained by, or used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, or any component, officer, employee, or agent of the Federal Government, except if the Director determines such disclosure, retention, or use is necessary for—
(A) the purpose of identifying—
(i) a cybersecurity threat as such term is defined insection 102(5) of the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501)), including the source of such cybersecurity threat; or
(ii) a security vulnerability;
(B) the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, serious bodily harm, or serious economic harm, including a terrorist act or a use of a weapon of mass destruction;
(C) the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or
(D) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a threat described in subparagraphs (B)–(C) (3) or any of the offenses listed in—
(i) sections 1028 through 1030 of title 18, United States Code (relating to fraud and identity theft);
(ii) chapter 37 of such title (relating to espionage and censorship); and
(iii) chapter 90 of such title (relating to protection of trade secrets).
(2) EXCEPTION.—The Director may enter into an agreement with a federally funded research and development center or other research institution to provide information in an anonymized manner for the purpose of aggregating and analyzing cybersecurity incident data and other reported information for the limited purpose of better understanding the cyber threat landscape, subject to appropriate protections for information and removal of any unnecessary personal or identifying information.
(3) PRIVACY AND CIVIL LIBERTIES.—Covered cybersecurity incidents and related reporting information provided to the Director pursuant to this section shall be retained, used, and disseminated, where permissible and appropriate, by the Federal Government—
(A) in a manner that protects from unauthorized use or disclosure any information reported under this section that may contain—
(i) personal information of a specific individual; or
(ii) information that identifies a specific individual; and
(B) in a manner that protects the confidentiality of information reported under this section containing—
(i) personal information of a specific individual; or
(ii) information that identifies a specific individual.
(4) FEDERAL REGULATORY AUTHORITY.—Information regarding a covered cybersecurity incident and related reporting information provided to the Director pursuant to this section may not be used by any Federal, State, Tribal, or local government to regulate, including through an enforcement action, the lawful activities of any non-Federal entity.
(f) Limitation.—The Director may not set criteria or develop procedures pursuant to this Act that require a covered critical infrastructure entity, identified pursuant to subsection (b)(1), to report on any cybersecurity incident unless such incident—
(1) causes a loss in the confidentiality, integrity, or availability of proprietary, sensitive, or personal information;
(2) results in a disruption or otherwise inhibits the ability of an entity to deliver services or conduct its primary business activity; or
(3) was carried out by a foreign country, or where there is reason to believe a foreign country was involved in such incident.
(g) Definitions.—In this section:
(1) COVERED CRITICAL INFRASTRUCTURE ENTITY.—The term “covered critical infrastructure entity” is an entity that owns, operates, supports, or maintains critical infrastructure which meets the definition set forth by the Director pursuant to subsection (b)(1).
(2) COVERED CYBERSECURITY INCIDENT.—The term “covered cybersecurity incident” means a cybersecurity incident experienced by a covered critical infrastructure entity that meets the definition and criteria set forth by the Director in the procedures prescribed pursuant to subsection (b)(2), subject to the limitations in subsection (f) that involve, at a minimum, an incident that—
(3) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given that term in section 2(4) of the Homeland Security Act of 2002 (Public Law 107–196; 6 U.S.C. 101(4)).
(4) CYBERSECURITY RISK.—The term “cybersecurity risk” has the meaning given that term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
(5) DEPARTMENT.—The term “Department” means the Department of Homeland Security.
(6) DIRECTOR.—The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency of the Department.
(7) NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.—The term “national cybersecurity and communications integration center” or “Center” means the national cybersecurity and communications integration center described in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
(8) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.
(9) SECTOR SPECIFIC AGENCY.—The term “Sector Specific Agency” has the meaning given that term in section 2201(5) of the Homeland Security Act of 2002 (6 U.S.C. 651(5)).
(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Aerospace Sensors, line 009, is hereby increased by $3,000,000 for the National Center for Hardware and Embedded Systems Security and Trust.
(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1402 for chemical agents and munitions destruction, as specified in the corresponding funding table in section 4501, for Chem Demilitarization—RDT&E, is hereby reduced by $3,000,000.
(a) Authority.—Section 3553(b) of title 44, United States Code, is amended—
(1) in paragraph (6)(D), by striking “; and” at the end and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new paragraph:
“(7) hunting for and identifying, with or without advance notice, threats and vulnerabilities within Federal information systems; and”.
(b) Binding operational directive.—Not later than 1 year after the date of the enactment of this section, the Secretary of Homeland Security shall issue a binding operational directive pursuant to subsection (b)(2) of section 3553 of title 44, United States Code, to implement paragraph (7) of section 3553(b) of title 44, United States Code, as added by subsection (a).
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report on the cyber hygiene practices of the Department of Defense and the extent to which such practices are effective at protecting Department missions, information, system and networks. The report shall include the following:
(1) An assessment of each Department component’s compliance with the requirements and levels identified in the Cyber Maturity Model Certification framework.
(2) For each Department component that does not achieve the requirements for “good cyber hygiene” as defined in CMMC Model Version 1.02, a plan for how that component will implement security measures to bring it into compliance with good cyber hygiene requirements within 1 year, and a strategy for mitigating potential vulnerabilities and consequences until such requirements are implemented.
(b) Comptroller general report required.—Not later than 180 days after the submission of the report required under subsection (a), the Comptroller General of the United States shall conduct an independent review of the report and provide a briefing to the congressional defense committees on the findings of the review.
(a) In general.—Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended—
(A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively;
(B) by inserting before paragraph (2), as so redesignated, the following new paragraph:
“(1) the term ‘cybersecurity purpose’ has the meaning given that term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501);”;
(C) in paragraph (6), as so redesignated, by striking “and” at the end;
(D) by redesignating paragraph (7), as so redesignated, as paragraph (8); and
(E) by inserting after paragraph (6), as so redesignated, the following new paragraph:
“(7) the term ‘security vulnerability’ has the meaning given that term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501); and”;
(A) in paragraph (10), by striking “and” at the end;
(B) in paragraph (11), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(12) detecting, identifying, and receiving information for a cybersecurity purpose about security vulnerabilities relating to critical infrastructure in information systems and devices.”; and
(3) by adding at the end the following new subsection:
“(1) DEFINITION.—In this subsection, the term ‘covered device or system’—
“(A) means a device or system commonly used to perform industrial, commercial, scientific, or governmental functions or processes that relate to critical infrastructure, including operational and industrial control systems, distributed control systems, and programmable logic controllers; and
“(B) does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.
“(A) IN GENERAL.—If the Director identifies a system connected to the internet with a specific security vulnerability and has reason to believe such security vulnerability relates to critical infrastructure and affects a covered device or system, and the Director is unable to identify the entity at risk that owns or operates such covered device or system, the Director may issue a subpoena for the production of information necessary to identify and notify such entity at risk, in order to carry out a function authorized under subsection (c)(12).
“(B) LIMIT ON INFORMATION.—A subpoena issued pursuant to subparagraph (A) may seek information—
“(i) only in the categories set forth in subparagraphs (A), (B), (D), and (E) of section 2703(c)(2) of title 18, United States Code; and
“(ii) for not more than 20 covered devices or systems.
“(C) LIABILITY PROTECTIONS FOR DISCLOSING PROVIDERS.—The provisions of section 2703(e) of title 18, United States Code, shall apply to any subpoena issued pursuant to subparagraph (A).
“(A) IN GENERAL.—If the Director exercises the subpoena authority under this subsection, and in the interest of avoiding interference with ongoing law enforcement investigations, the Director shall coordinate the issuance of any such subpoena with the Department of Justice, including the Federal Bureau of Investigation, pursuant to interagency procedures which the Director, in coordination with the Attorney General, shall develop not later than 60 days after the date of the enactment of this subsection.
“(B) CONTENTS.—The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—
“(i) issued to carry out a function described in subsection (c)(12); and
“(ii) subject to the limitations specified in this subsection.
“(4) NONCOMPLIANCE.—If any person, partnership, corporation, association, or entity fails to comply with any duly served subpoena issued pursuant to this subsection, the Director may request that the Attorney General seek enforcement of such subpoena in any judicial district in which such person, partnership, corporation, association, or entity resides, is found, or transacts business.
“(5) NOTICE.—Not later than 7 days after the date on which the Director receives information obtained through a subpoena issued pursuant to this subsection, the Director shall notify any entity identified by information obtained pursuant to such subpoena regarding such subpoena and the identified vulnerability.
“(A) IN GENERAL.—Any subpoena issued pursuant to this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that such subpoena was issued by the Agency and has not been altered or modified since such issuance.
“(B) INVALID IF NOT AUTHENTICATED.—Any subpoena issued pursuant to this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of such subpoena.
“(7) PROCEDURES.—Not later than 90 days after the date of the enactment of this subsection, the Director shall establish internal procedures and associated training, applicable to employees and operations of the Agency, regarding subpoenas issued pursuant to this subsection, which shall address the following:
“(A) The protection of and restriction on dissemination of nonpublic information obtained through such a subpoena, including a requirement that the Agency not disseminate nonpublic information obtained through such a subpoena that identifies the party that is subject to such subpoena or the entity at risk identified by information obtained, except that the Agency may share the nonpublic information with the Department of Justice for the purpose of enforcing such subpoena in accordance with paragraph (4), and may share with a Federal agency the nonpublic information of the entity at risk if—
“(i) the Agency identifies or is notified of a cybersecurity incident involving such entity, which relates to the vulnerability which led to the issuance of such subpoena;
“(ii) the Director determines that sharing the nonpublic information with another Federal department or agency is necessary to allow such department or agency to take a law enforcement or national security action, consistent with the interagency procedures under paragraph (3)(A), or actions related to mitigating or otherwise resolving such incident;
“(iii) the entity to which the information pertains is notified of the Director’s determination, to the extent practicable consistent with national security or law enforcement interests, consistent with such interagency procedures; and
“(iv) the entity consents, except that the entity’s consent shall not be required if another Federal department or agency identifies the entity to the Agency in connection with a suspected cybersecurity incident.
“(B) The restriction on the use of information obtained through such a subpoena for a cybersecurity purpose.
“(C) The retention and destruction of nonpublic information obtained through such a subpoena, including—
“(i) destruction of such information that the Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity pursuant to paragraph (5); and
“(ii) destruction of any personally identifiable information not later than 6 months after the date on which the Director receives information obtained through such a subpoena, unless otherwise agreed to by the individual identified by the subpoena respondent.
“(D) The processes for providing notice to each party that is subject to such a subpoena and each entity identified by information obtained under such a subpoena.
“(E) The processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued pursuant to this subsection.
“(F) The information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—
“(i) a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and
“(ii) to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.
“(8) LIMITATION ON PROCEDURES.—The internal procedures established pursuant to paragraph (7) may not require an owner or operator of critical infrastructure to take any action as a result of a notice of vulnerability made pursuant to this Act.
“(9) REVIEW OF PROCEDURES.—Not later than 1 year after the date of the enactment of this subsection, the Privacy Officer of the Agency shall—
“(A) review the internal procedures established pursuant to paragraph (7) to ensure that—
“(i) such procedures are consistent with fair information practices; and
“(ii) the operations of the Agency comply with such procedures; and
“(B) notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of the results of the review under subparagraph (A).
“(10) PUBLICATION OF INFORMATION.—Not later than 120 days after establishing the internal procedures under paragraph (7), the Director shall publish information on the website of the Agency regarding the subpoena process under this subsection, including information regarding the following:
“(A) Such internal procedures.
“(B) The purpose for subpoenas issued pursuant to this subsection.
“(C) The subpoena process.
“(D) The criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena.
“(E) Policies and procedures on retention and sharing of data obtained by subpoenas.
“(F) Guidelines on how entities contacted by the Director may respond to notice of a subpoena.
“(11) ANNUAL REPORTS.—The Director shall annually submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report (which may include a classified annex but with the presumption of declassification) on the use of subpoenas issued pursuant to this subsection, which shall include the following:
“(A) A discussion of the following:
“(i) The effectiveness of the use of such subpoenas to mitigate critical infrastructure security vulnerabilities.
“(ii) The critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection.
“(iii) The number of subpoenas so issued during the preceding year.
“(iv) To the extent practicable, the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year.
“(v) The number of entities notified by the Director under this subsection, and their responses, during the preceding year.
“(B) For each subpoena issued pursuant to this subsection, the following:
“(i) Information relating to the source of the security vulnerability detected, identified, or received by the Director.
“(ii) Information relating to the steps taken to identify the entity at risk prior to issuing the subpoena.
“(iii) A description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability.
“(12) PUBLICATION OF THE ANNUAL REPORTS.—The Director shall publish a version of the annual report required under paragraph (11) on the website of the Agency, which shall, at a minimum, include the findings described in clauses (iii), (iv), and (v) of subparagraph (A) of such paragraph.
“(13) PROHIBITION ON USE OF INFORMATION FOR UNAUTHORIZED PURPOSES.—Any information obtained pursuant to a subpoena issued under this subsection may not be provided to any other Federal department or agency for any purpose other than a cybersecurity purpose or for the purpose of enforcing a subpoena issued pursuant to this subsection.”.
(1) PROHIBITION ON NEW REGULATORY AUTHORITY.—Nothing in this section or the amendments made by this section may be construed to grant the Secretary of Homeland Security, or the head of any another Federal agency or department, any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of the enactment of this Act.
(2) PRIVATE ENTITIES.—Nothing in this section or the amendments made by this section may be construed to require any private entity to—
(A) to request assistance from the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; or
(B) implement any measure or recommendation suggested by the Director.
Section 1651(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 32 U.S.C. 501 note) is amended by striking “shall expire on the date that is two years after the date of the enactment of this Act” and inserting “shall expire on August 31, 2022”.
Section 3553(b) of title 44, United States Code, is amended—
(1) in paragraph (6)(D), by striking “; and” at the end and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8);
(3) by inserting after paragraph (6) the following new paragraph:
“(7) upon request by an agency, and at the Secretary’s discretion, with or without reimbursement—
“(A) providing services, functions, or capabilities, including operation of the agency’s information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
“(B) deploying, operating, and maintaining secure technology platforms and tools, including networks and common business applications, for use by the agency to perform agency functions, including collecting, maintaining, storing, processing, and analyzing information; and”.
(a) Amendment.—Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following new section:
“SEC. 2215. Joint cyber planning office.
“(a) Establishment of office.—There is established in the Agency an office for joint cyber planning (in this section referred to as the ‘Office’) to develop, for public and private sector entities, plans for cyber defense operations, including the development of a set of coordinated actions to protect, detect, respond to, and recover from cybersecurity risks or incidents or limit, mitigate, or defend against coordinated, malicious cyber operations that pose a potential risk to critical infrastructure or national interests. The Office shall be headed by a Deputy Assistant Director of Joint Cyber Planning (in this section referred to as the ‘Director’) within the Cybersecurity Division.
“(b) Planning and execution.—In leading the development of plans for cyber defense operations pursuant to subsection (a), the Director shall—
“(1) coordinate with relevant Federal departments and agencies to establish processes and procedures necessary to develop and maintain ongoing coordinated plans for cyber defense operations;
“(2) leverage cyber capabilities and authorities of participating Federal departments and agencies, as appropriate, in furtherance of plans for cyber defense operations;
“(3) ensure that plans for cyber defense operations are, to the greatest extent practicable, developed in collaboration with relevant private sector entities, particularly in areas in which such entities have comparative advantages in limiting, mitigating, or defending against a cybersecurity risk or incident or coordinated, malicious cyber operation;
“(4) ensure that plans for cyber defense operations, as appropriate, are responsive to potential adversary activity conducted in response to United States offensive cyber operations;
“(5) facilitate the exercise of plans for cyber defense operations, including by developing and modeling scenarios based on an understanding of adversary threats to, vulnerability of, and potential consequences of disruption or compromise of critical infrastructure;
“(6) coordinate with and, as necessary, support relevant Federal departments and agencies in the establishment of procedures, development of additional plans, including for offensive and intelligence activities in support of cyber defense operations, and creation of agreements necessary for the rapid execution of plans for cyber defense operations when a cybersecurity risk or incident or malicious cyber operation has been identified; and
“(7) support public and private sector entities, as appropriate, in the execution of plans developed pursuant to this section.
“(c) Composition.—The Office shall be composed of—
“(1) a central planning staff; and
“(2) appropriate representatives of Federal departments and agencies, including—
“(A) the Department;
“(B) United States Cyber Command;
“(C) the National Security Agency;
“(D) the Federal Bureau of Investigation;
“(E) the Department of Justice; and
“(F) the Office of the Director of National Intelligence.
“(d) Consultation.—In carrying out its responsibilities described in subsection (b), the Office shall regularly consult with appropriate representatives of non-Federal entities, such as—
“(1) State, local, federally-recognized Tribal, and territorial governments;
“(2) information sharing and analysis organizations, including information sharing and analysis centers;
“(3) owners and operators of critical information systems;
“(4) private entities; and
“(5) other appropriate representatives or entities, as determined by the Secretary.
“(e) Interagency agreements.—The Secretary and the head of a Federal department or agency referred to in subsection (c) may enter into agreements for the purpose of detailing personnel on a reimbursable or non-reimbursable basis.
“(f) Definitions.—In this section:
“(1) CYBER DEFENSE OPERATION.—The term ‘cyber defense operation’ means defensive activities performed for a cybersecurity purpose.
“(2) CYBERSECURITY PURPOSE.—The term ‘cybersecurity purpose’ has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501)).
“(3) CYBERSECURITY RISK; INCIDENT.—The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given such terms in section 2209.
“(4) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—The term ‘information sharing and analysis organization’ has the meaning given such term in section 2222(5).”.
(b) Technical and conforming amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2214 the following new item:
“Sec. 2215. Joint cyber planning office.”.
(a) Report on implementation of certain cybersecurity recommendations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding the plans of the Secretary to implement certain cybersecurity recommendations to ensure—
(1) the Chief Information Officer of the Department of Defense takes appropriate steps to ensure implementation of DC3I tasks;
(2) Department components develop plans with scheduled completion dates to implement any remaining CDIP tasks overseen by the Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a Department component to oversee the implementation of any CDIP tasks not overseen by the Chief Information Officer and reports on progress relating to such implementation;
(4) Department components accurately monitor and report information on the extent that users have completed Cyber Awareness Challenge training, as well as the number of users whose access to the Department network was revoked because such users have not completed such training;
(5) the Chief Information Officer ensures all Department components, including DARPA, require their users to take Cyber Awareness Challenge training;
(6) a Department component is directed to monitor the extent to which practices are implemented to protect the Department’s network from key cyberattack techniques; and
(7) the Chief Information Officer assesses the extent to which senior leaders of the Department have more complete information to make risk-based decisions, and revise the recurring reports (or develop a new report) accordingly, including information relating to the Department’s progress on implementing—
(A) cybersecurity practices identified in cyber hygiene initiatives; and
(B) cyber hygiene practices to protect Department networks from key cyberattack techniques.
(b) Report on cyber hygiene and Cybersecurity Maturity Model Certification Framework.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report on the cyber hygiene practices of the Department of Defense and the extent to which such practices are effective at protecting Department missions, information, system and networks. The report shall include the following:
(A) An assessment of each Department component’s compliance with the requirements and levels identified in the Cybersecurity Maturity Model Certification framework.
(B) For each Department component that does not achieve the requirements for “good cyber hygiene” as defined in CMMC Model Version 1.02, a plan for how that component will implement security measures to bring it into compliance with good cyber hygiene requirements within one year, and a strategy for mitigating potential vulnerabilities and consequences until such requirements are implemented.
(2) COMPTROLLER GENERAL REVIEW.—Not later than 180 days after the submission of the report required under paragraph (1)), the Comptroller General of the United States shall conduct an independent review of the report and provide a briefing to the congressional defense committees on the findings of the review.
(a) Requirement.—Not later than December 31, 2023, and not less frequently than once every 2 years thereafter until a date that is not less than 10 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, shall conduct an exercise to test the resilience, response, and recovery of the United States in the case of a significant cyber attack impacting critical infrastructure.
(b) Planning and preparation.—Each exercise under subsection (a) shall be coordinated through the Joint Cyber Planning Office of the Cybersecurity and Infrastructure Security Planning Agency and prepared by expert operational planners from the Department of Homeland Security, in coordination with the Department of Defense, the Federal Bureau of Investigation, and the appropriate intelligence community elements, as identified by the Director of National Intelligence.
(1) FEDERAL GOVERNMENT PARTICIPANTS.—The following shall participate in each exercise under subsection (a):
(A) Relevant interagency partners, as determined by the Secretary, including relevant interagency partners from—
(i) law enforcement agencies; and
(ii) the intelligence community.
(B) Senior leader representatives from sector-specific agencies, as determined by the Secretary.
(2) STATE AND LOCAL GOVERNMENTS.—The Secretary shall invite representatives from State, local, and Tribal governments to participate the exercises under subsection (a) if the Secretary determines such participation to be appropriate.
(3) PRIVATE SECTOR.—Depending on the nature of an exercise being conducted under subsection (a), the Secretary, in consultation with the senior leader representative of the sector-specific agencies participating in such exercise pursuant to paragraph (1)(A)(ii), shall invite the following individuals to participate:
(A) Representatives from private entities.
(B) Other individuals that the Secretary determines.
(4) INTERNATIONAL PARTNERS.—Depending on the nature of an exercise being conducted under subsection (a), the Secretary may, in consultation with the Secretary of Defense and the Secretary of State, invite allies and partners of the United States to participate in such exercise.
(d) Observers.—The Secretary shall invite appropriately cleared representatives from the executive and legislative branches of the Federal Government to observe an exercise under subsection (a).
(e) Elements.—Each exercise under subsection (a) shall include the following elements:
(1) Exercising the orchestration of cybersecurity response and the provision of cyber support to Federal, State, local, and Tribal governments and private entities, including the exercise of the command and control and deconfliction of operational responses through the National Security Council, interagency coordinating processes and response groups, and each participating department and agency of the Federal Government.
(2) Testing of the information-sharing needs and capabilities of exercise participants.
(3) Testing of the relevant policy, guidance, and doctrine, including the National Cyber Incident Response Plan of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.
(4) Test the coordination between Federal, State, local, and Tribal governments and private entities.
(5) Exercising the integration of operational capabilities of the Department of Homeland Security, the Cyber National Mission Force, Federal law enforcement, and the intelligence community.
(6) Test relevant information sharing and operational agreements.
(7) Exercising integrated operations, mutual support, and shared situational awareness of the cybersecurity operations centers of the Federal Government, including the following:
(A) The Cybersecurity and Infrastructure Security Agency.
(B) The Cyber Threat Operations Center of the National Security Agency.
(C) The Joint Operations Center of United States Cyber Command.
(D) The Cyber Threat Intelligence Integration Center of the Office of the Director of National Intelligence.
(E) The National Cyber Investigative Joint Task Force of the Federal Bureau of Investigation.
(F) The Defense Cyber Crime Center of the Department of Defense.
(G) The Intelligence Community Security Coordination Center of the Office of the Director of National Intelligence.
(1) IN GENERAL.—Not later than 180 days after the date on which each exercise under subsection (a) is conducted, the President shall submit to the appropriate congressional committees a briefing on the participation of the Federal Government participants in each such exercise.
(2) CONTENTS.—Each briefing required under paragraph (1) shall include the following:
(A) An assessment of the decision and response gaps observed in the national level response.
(B) Proposed recommendations to improve the resilience, response, and recovery in the case of a significant cyber attack impacting critical infrastructure.
(C) Plans to implement the recommendations described in subparagraph (B).
(D) Specific timelines for the implementation of such plans.
(g) Repeal.—Subsection (b) of section 1648 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1119) is repealed.
(h) National Cyber Exercise Program.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this section, the Director, in consultation with appropriate representatives from sector-specific agencies, the cybersecurity research community, and Sector Coordinating Councils, shall carry out the National Cyber Exercise Program (referred to in this section as the “Exercise Program”) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies.
(A) IN GENERAL.—The Exercise Program shall be—
(i) as realistic as practicable, based on current risk assessments, including credible threats, vulnerabilities, and consequences;
(ii) designed, as practicable, to simulate the partial or complete incapacitation of a State, local, or tribal government, or related critical infrastructure, resulting from a cyber incident;
(iii) carried out, as appropriate, with a minimum degree of notice to involved parties regarding the timing and details of such exercises, consistent with safety considerations;
(iv) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and
(v) designed to promptly develop after-action reports and plans that can be quickly incorporating lessons learned into future operations.
(B) MODEL EXERCISE SELECTION.—The Exercise Program shall include a selection of model exercises that State, local, and Tribal governments can readily adapt for use and aid such governments with the design, implementation, and evaluation of exercises that—
(i) conform to the requirements under subparagraph (A);
(ii) are consistent with any applicable State, local, or Tribal strategy or plan; and
(iii) provide for systematic evaluation of readiness.
(i) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of Representatives;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(D) the Committee on Homeland Security of the House of Representatives.
(2) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).
(3) INTELLIGENCE COMMUNITY.—The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) PRIVATE ENTITY.—The term “private entity” has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(5) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.
(6) SECTOR-SPECIFIC AGENCY.—The term “sector-specific agency” has the meaning given the term “Sector-Specific Agency” in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651).
(7) STATE.—The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.
(a) In general.—Section 179(f)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(D) The Secretary of Defense and the Secretary of Energy shall ensure that a transfer of estimated nuclear budget request authority is carried out in a manner that provides for coordination between the Secretary of Defense and the Administrator for Nuclear Security using appropriate interagency processes during the process in which the Secretaries develop the budget materials of the Department of Defense and the National Nuclear Security Administration, including by beginning such coordination by not later than June 30 for such budget materials that will be submitted during the following year.”.
(b) Reports.—Subparagraph (B) of such section is amended by adding at the end the following new clause:
“(iv) A description of the total amount of the proposed estimated nuclear budget request authority to be transferred by the Secretary of Defense to the Secretary of Energy to support the weapons activities of the National Nuclear Security Administration, including—
“(A) identification of any trade-offs made within the budget of the Department of Defense as part of such proposed transfer; and
“(B) a certification made jointly by the Secretaries that such proposed transfer was developed in a manner that allowed for the coordination described in subparagraph (D).”.
(a) Requirement.—Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 499b. Exercises of nuclear command, control, and communications system
“(a) Required exercises.—Except as provided by subsection (b), beginning 2021, the President shall participate in a large-scale exercise of the nuclear command, control, and communications system during the first year of each term of the President, and may participate in such additional exercises as the President determines appropriate.
“(b) Waiver.—The President may waive, on a case-by-case basis, the requirement to participate in an exercise under subsection (a) if the President—
“(1) determines that participating in such an exercise is infeasible by reason of a war declared by Congress, a national emergency declared by the President or Congress, a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), or other similar exigent circumstance; and
“(2) submits to the congressional defense committees a notice of the waiver and a description of such determination.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
“499b. Exercises of nuclear command, control, and communications system.”.
(a) Study.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the nuclear weapons programs of covered foreign countries.
(b) Matters included.—The study under subsection (a) shall compile open-source data to conduct an analysis of the following for each covered foreign country:
(1) The activities, budgets, and policy documents, regarding the nuclear weapons program.
(2) The known research and development activities with respect to nuclear weapons.
(3) The inventories of nuclear weapons and delivery vehicles with respect to both deployed and nondeployed weapons.
(4) The capabilities of such nuclear weapons and delivery vehicles.
(5) The physical sites used for nuclear processing, testing, and weapons integration.
(6) The human capital of the scientific and technical workforce involved in nuclear programs, including with respect to matters relating to the education, knowledge, and technical capabilities of that workforce.
(7) The known deployment areas for nuclear weapons.
(8) Information with respect to the nuclear command and control system.
(9) The factors and motivations driving the nuclear weapons program and the nuclear command and control system.
(10) Any other information that the federally funded research and development center determines appropriate.
(c) Submission to DOD.—Not later than 14 months after the date of the enactment of this Act, and each year thereafter for the following 2 years, the federally funded research and development center shall submit to the Secretary the study under subsection (a) and any updates to the study.
(d) Submission to Congress.—Not later than 30 days after the date on which the Secretary receives the study under subsection (a) or updates to the study, the Secretary shall submit to the appropriate congressional committees the study or such updates, without change.
(e) Public release.—The federally funded research and development center shall maintain an internet website on which the center—
(1) publishes the study under subsection (a) by not later than 30 days after the date on which the Secretary receives the study under subsection (c); and
(2) provides on an ongoing basis commentaries, analyses, updates, and other information regarding the nuclear weapons of covered foreign countries.
(f) Form.—The study under subsection (a) shall be in unclassified form.
(g) Modification to report on nuclear forces of the United States and near-Peer countries.—Section 1676 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1778) is amended—
(1) in subsection (a), by striking “Not later than February 15, 2020, the Secretary of Defense, in coordination with the Director of National Intelligence, shall” and inserting “Not later than February 15, 2020, and each year thereafter through 2023, the Secretary of Defense and the Director of National Intelligence shall jointly”; and
(2) in subsection (b), by adding at the end the following new paragraph:
“(4) With respect to the current and planned nuclear systems specified in paragraphs (1) through (3), the factors and motivations driving the development and deployment of the systems.”.
(h) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and
(C) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
(2) The term “covered foreign country” means each of the following:
(A) China.
(B) North Korea.
(C) Russia.
(3) The term “open-source data” includes data derived from, found in, or related to any of the following:
(A) Geospatial information.
(B) Seismic sensors.
(C) Commercial data.
(D) Public government information.
(E) Academic journals and conference proceedings.
(F) Media reports.
(G) Social media.
(a) Membership.—Subsection (a) of section 179 of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) through (6) as paragraphs (3) through (8), respectively; and
(2) by inserting before paragraph (3), as so redesignated, the following new paragraphs:
“(1) The Secretary of Defense.
“(2) The Secretary of Energy.”.
(b) Chairman; meetings.—Subsection (b) of section 179 of title 10, United States Code, is amended to read as follows:
“(b) Chairman; meetings.— (1) The Council shall be co-chaired by the Secretary of Defense and the Secretary of Energy. Any reference in any statute or regulation to the Chairman of the Council shall be deemed to be a reference to the Secretary of Defense and the Secretary of Energy jointly.
“(2) The Council shall meet not less often than once every three months. To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting.”.
Section 179(g) of title 10, United States Code, is amended to read as follows:
“(g) Semiannual updates on Council meetings.— (1) Not later than February 1 and August 1 of each year, the Council shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update—
“(A) the dates on which the Council met; and
“(B) except as provided by paragraph (2), a summary of any decisions made by the Council pursuant to subsection (d) at each such meeting and the rationale for and options that informed such decisions.
“(2) The Council shall not be required to include in a semiannual update under paragraph (1) the matters described in subparagraph (B) of that paragraph with respect to decisions of the Council relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31 as of the date of the semiannual update.
“(3) The Council may provide a semiannual update under paragraph (1) either in the form of a briefing or a written report.
“(4) (A) If by February 1 of any year the Council has not provided the semiannual update under paragraph (1) required by that date, not more than 50 percent of the funds authorized to be appropriated for that year for the Office of the Under Secretary of Defense for Acquisition and Sustainment may be obligated or expended until the date on which such semiannual update has been provided.
“(B) If by August 1 of any year the Council has not provided the semiannual update under paragraph (1) required by that date, not more than 90 percent of the funds authorized to be appropriated for that year for the Office of the Under Secretary of Defense for Acquisition and Sustainment may be obligated or expended until the date on which such semiannual update has been provided.”.
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the efforts by the Secretary to harden and modernize the nuclear weapons storage and maintenance facilities of the Air Force. The briefing shall include the plans of the Secretary with respect to the following:
(1) Verifying that the Air Force is deploying tested and field-proven physical security designs of such facilities, including with respect to forced entry, blast and ballistic resistant barrier systems, that incorporate multiple reactive countermeasures for protection against the dedicated adversary threat classification level.
(2) Streamlining the procurement of the infrastructure to protect ground-based strategic deterrent weapons by ensuring that the physical security designs of such facilities are appropriately tailored to the threat.
(3) Ensuring that competitive procedures are used in awarding a contract for the physical security design of such facilities that include a fair consideration of such designs that are successfully used at other similar facilities.
(4) Ensuring that the physical security design for which such contract is awarded—
(A) meets the security requirements of all planned modernization projects for the nuclear weapons storage and maintenance facilities of the Air Force; and
(B) do not result in higher and additional costs to shore up existing infrastructure at such facilities.
Section 232(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1339), as amended by section 1688 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1144), is amended—
(1) in paragraph (1), by striking “through 2020” and inserting “through 2025”; and
(A) by striking “through 2021” and inserting “through 2026”; and
(B) by adding at the end the following new sentence: “In carrying out this subsection, the Comptroller General shall review emergent issues relating to such programs and accountability and, in consultation with the congressional defense committees, either include any findings from the review in the reports submitted under this paragraph or provide to such committees a briefing on the findings.”.
Section 1676(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by striking “2021” and inserting “2023”.
(a) Findings; sense of Congress.—
(1) FINDINGS.—Congress finds the following:
(A) Subsection (d) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note), as amended by section 1683 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), requires the Director of the Missile Defense Agency to develop a hypersonic and ballistic tracking space sensor payload to address missile defense tracking requirements.
(B) The budget of the President for fiscal year 2021 submitted under section 1105 of title 31, United States Code, did not provide any funding for the Missile Defense Agency to continue the development of such sensor payload.
(2) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) regardless of the overall architecture for a missile defense tracking space layer, the Director of the Missile Defense Agency should remain the material developer for the hypersonic and ballistic tracking space sensor payload to ensure that—
(i) unique hypersonic and ballistic missile tracking requirements are met; and
(ii) the system can be integrated into the existing missile defense system command and control, battle management, and communications system; and
(B) the Secretary of Defense should ensure transparency of funding for this effort to ensure proper oversight can be conducted on this critical capability.
(b) Limitation.—Subsection (d) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note), as amended by section 1683 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended by adding at the end the following new paragraph:
“(3) LIMITATION.—Of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2021 or otherwise made available for fiscal year 2021 for operation and maintenance, Defense-wide, for the Space Defense Agency, not more than 50 percent may be obligated or expended until the date on which the Secretary submits the certification under paragraph (2)(B).”.
(c) Coordination.—Subsection (a) of such section is amended by striking “the Commander of the Air Force Space Command and” and inserting “the Chief of Space Operations, the Commander of the United States Space Command, the Commander of the United States Northern Command, and”.
(a) Finding; sense of Congress.—
(1) FINDING.—Congress finds that the budget submitted by the President under section 1105(a) of title 31, United States Code, for fiscal year 2021 does not fully fund an operational capability for the hypersonic and ballistic missile tracking space sensor within the tracking layer of the persistent space-based sensor architecture of the Space Development Agency, despite such space sensor being a requirement by the combatant commanders and being highlighted as a needed capability against both hypersonic and ballistic threats in the Missile Defense Review published in 2019.
(2) SENSE OF CONGRESS.—It is the sense of Congress that the Missile Defense Agency hypersonic and ballistic missile tracking space sensor must be prioritized within the persistent space-based sensor architecture of the Space Development Agency to ensure the delivery of capabilities to the warfighter as soon as possible.
(b) Annual certification.—Subsection (d) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note), as amended by section 1653, is further amended by adding at the end the following new paragraph:
“(4) ANNUAL CERTIFICATION.—On an annual basis until the date on which the hypersonic and ballistic tracking space sensor payload achieves full operational capability, the Secretary of Defense, without delegation, shall submit to the appropriate congressional committees a certification that—
“(A) the most recent future-years defense program submitted under section 221 of title 10, United States Code, includes estimated expenditures and proposed appropriations in amounts necessary to ensure the development and deployment of such space sensor payload as a component of the sensor architecture developed under subsection (a); and
“(B) the Commander of the United States Space Command has validated both the ballistic and hypersonic tracking requirements of, and the timeline to deploy, such space sensor payload.”.
(a) Findings.—Congress finds the following:
(1) Since the Missile Defense Agency was aligned to be under the authority, direction, and control of the Under Secretary of Defense for Research and Engineering pursuant to section 205(b) of title 10, United States Code, the advanced technology development budget requests in the defense budget materials (as defined in section 231(f) of title 10, United States Code) have decreased by more than 650 percent, from a request for $292,000,000 for fiscal year 2018 (the highest such request) to a request for $45,000,000 for fiscal year 2021.
(2) The overwhelming majority of the budget of the Missile Defense Agency is invested in programs that would be categorized as acquisition category 1 efforts if such programs were administered under the acquisition standards under Department of Defense Directive 5000.
(b) Sense of Congress.—It is the sense of Congress that, in light of the findings under subsection (a), upon the completion of the independent review of the organization of the Missile Defense Agency required by section 1688 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1787), the Secretary of Defense should reassess the alignment of the Agency within the Department of Defense to ensure that missile defense efforts are being given proper oversight and that the Agency is focused on delivering capability to address current and future threats.
(c) Report.—Not later than February 28, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the alignment of the Missile Defense Agency within the Department of Defense. The report shall include—
(1) a description of the risks and benefits of both—
(A) continuing the alignment of the Agency under the authority, direction, and control of the Under Secretary of Defense for Research and Engineering pursuant to section 205(b) of title 10, United States Code; and
(B) realigning the Agency to be under the authority, direction, and control of the Under Secretary of Defense for Acquisition and Sustainment; and
(2) if the Agency were to be realigned, the actions that would need to be taken to realign the Agency to be under the authority, direction, and control of the Under Secretary of Defense for Acquisition and Sustainment or another element of the Department of Defense.
(a) Analysis of alternatives.—
(1) REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act, the Director of Cost Assessment and Program Evaluation, in coordination with the Secretary of the Navy, the Secretary of the Army, and the Director of the Missile Defense Agency, shall conduct an analysis of alternatives with respect to a complete architecture for using the regional terminal high altitude area defense system and the Aegis ballistic missile defense system to conduct homeland defense missions.
(2) SCOPE.—The analysis of alternatives under paragraph (1) shall include the following:
(A) The sensors needed for the architecture described in such paragraph.
(B) An assessment of the locations of each system included in the analysis to provide similar coverage as the ground-based midcourse defense system, including, with respect to such systems that are land-based, by giving preference to locations with completed environmental impact analyses conducted pursuant to section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678), to the extent practicable.
(C) The acquisition objectives for interceptors of the terminal high altitude area defense system and standard missile–3 interceptors for homeland defense purposes.
(D) Any improvements needed to the missile defense system command and control, battle management, and communications system.
(E) The manning, training, and sustainment needed to support such architecture.
(F) A detailed schedule for the development, testing, production, and deployment of such systems.
(G) A lifecycle cost estimate of such architecture.
(H) A comparison of the capabilities, costs, schedules, and policies with respect to—
(i) deploying regional systems described in subsection (a) to conduct homeland defense missions; and
(ii) deploying future ground-based midcourse defense systems for such missions.
(3) SUBMISSION.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—
(A) the analysis of alternatives under paragraph (1); and
(B) a certification by the Secretary that such analysis is sufficient.
(b) Assessment.—Not later than February 28, 2021, the Director of the Defense Intelligence Agency, and the head of any other element of the intelligence community that the Secretary of Defense determines appropriate, shall submit to the congressional defense committees an assessment of the following:
(1) How the development and deployment of regional terminal high altitude area defense systems and Aegis ballistic missile defense systems to conduct longer-range missile defense missions would be perceived by near-peer foreign countries and rogue nations.
(2) How such near-peer foreign countries and rogue nations would likely respond to such deployments.
(a) Notification of changed requirements.—During the acquisition and development process of the next generation interceptor program, not later than 7 days after the date on which any changes are made to the requirements for such program that are established in the equivalent to capability development documentation, the Director of the Missile Defense Agency shall notify the congressional defense committees of such changes.
(b) Briefing on contract.—Not later than 14 days after the date on which the Director awards a contract for the next generation interceptor, the Director shall provide the congressional defense committees a briefing on such contract, including with respect to the cost, schedule, performance, and requirements of the contract.
(c) Report on ground-Based midcourse defense system.—
(1) REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Policy, the Director of the Missile Defense Agency, and the Commander of the United States Northern Command, shall submit to the congressional defense committees a report on the ground-based midcourse defense system.
(2) MATTERS INCLUDED.—The report under paragraph (1) shall include the following:
(A) An explanation of how contracts in existence as of the date of the report could be used to reestablish improvements and sustainment for kill vehicles and boosters for the ground-based midcourse defense system.
(B) An explanation of how such system could be improved through service life extensions or pre-planned product improvements to address some of the requirements of the next generation interceptor by 2026, including an identification of the costs, schedule, and any risks.
(C) A description of the costs and schedule with respect to restarting booster production to field 20 additional interceptors by 2026.
(D) An analysis of policy implications with respect to the requirements for the ground-based midcourse defense system.
(a) Findings; sense of Congress.—
(1) FINDINGS.—Congress finds that the Secretary of Defense discovered major technical problems with the redesigned kill vehicle program, which led to cancelling the program in August 2019 and caused significant delays to the improved defense of the United States against rogue nation ballistic missile threats and wasted $1,200,000,000.
(2) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Defense should ensure robust oversight and accountability for the acquisition of the future next generation interceptor program to avoid making the same errors that were experienced in the redesigned kill vehicle effort.
(b) Independent cost assessment and validation.—
(1) ASSESSMENT.—The Director of Cost Assessment and Program Evaluation shall conduct an independent cost assessment of the next generation interceptor program.
(2) VALIDATION.—The Under Secretary of Defense for Acquisition and Sustainment shall validate the preliminary cost assessment conducted under paragraph (1) that will be used to inform the award of the contract for the next generation interceptor.
(3) SUBMISSION.—Not later than the date on which the Director of the Missile Defense Agency awards a contract for the next generation interceptor, the Secretary of Defense shall submit to the congressional defense committees a report containing the preliminary independent cost assessment under paragraph (1) and the validation under paragraph (2).
(c) Flight tests.—In addition to the requirements of section 2399 of title 10, United States Code, the Director of the Missile Defense Agency may not make any decision regarding the initial production, or equivalent, of the next generation interceptor unless the Director has—
(1) certified to the congressional defense committees that the Director has conducted not fewer than two successful intercept flight tests of the next generation interceptor; and
(2) provided to such committees a briefing on the details of such tests, including with respect to the operational realism of such tests.
(a) Sense of Congress.—It is the sense of Congress that—
(1) the strong and enduring relationship between the United States and Israel is in the national security interest of both countries;
(2) the memorandum of understanding signed by the United States and Israel on September 14, 2016, including the provisions of the memorandum relating to missile and rocket defense cooperation, continues to be a critical component of the bilateral relationship;
(3) the United States and Israel should continue government-to-government collaboration and information sharing of technical data to investigate the potential operational use of Israeli missile defense systems for United States purposes; and
(4) in addition to the existing Israeli missile defense interceptor systems, there is potential for developing and incorporating directed energy platforms to assist the missile defense capabilities of both the United States and Israel.
(b) Cooperation.—The Secretary of Defense may seek to extend existing cooperation with Israel to carry out, on a joint basis with Israel, research, development, test, and evaluation activities to establish directed energy capabilities that address missile threats to the United States, the deployed members of the Armed Forces of the United States, or Israel. The Secretary shall ensure that any such activities are conducted—
(1) in accordance with Federal law and the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects, signed at Geneva October 10, 1980; and
(2) in a manner that appropriately protects sensitive information and the national security interests of the United States and the national security interests of Israel.
(a) Report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a study on the defense of Guam from integrated air and missile threats, including such threats from ballistic, hypersonic, and cruise missiles.
(b) Elements.—The report under subsection (a) shall include the following:
(1) The identification of existing deployed land- and sea-based air and missile defense programs of record within the military departments and Defense Agencies, including with respect to interceptors, radars, and ground-, ship-, air,- and space-based sensors that could be used either alone or in coordination with other systems to counter the threats specified in subsection (a) with an initial operational capability by 2025.
(2) A plan of how such programs would be used to counter such threats with an initial operational capability by 2025.
(3) A plan of which programs currently in development but not yet deployed could enhance or substitute for existing programs in countering such threats with an initial operational capability by 2025.
(4) An analysis of which military department, Defense Agency, or combatant command would have operational control of the mission to counter such threats.
(5) A cost analysis of the various options described in paragraphs (1) and (3), including a breakdown of the cost of weapons systems considered under the various scenarios (including any costs to modify the systems), the cost benefits gained through economies of scale, and the cost of any military construction required.
(6) An analysis of the policy implications regarding deploying additional missile defense systems on Guam, and how such deployments could affect strategic stability, including likely responses from both rogue nations and near-peer competitors.
(c) Consultation.—The Secretary shall carry out this section in consultation with each of the following:
(1) The Director of the Missile Defense Agency.
(2) The Commander of the United States Indo-Pacific Command.
(3) The Commander of the United States Northern Command.
(4) Any other official whom the Secretary of Defense determines for purposes of this section has significant technical, policy, or military expertise.
(d) Form.—The report submitted under subsection (a) shall be in unclassified form, but may contain a classified annex.
(e) Briefing.—Not later than 30 days after the date on which the Secretary submits to the congressional defense committees the report under subsection (a), the Secretary shall provide to such committees a briefing on the report.
Not later than January 15, 2021, the Commander of the United States Northern Command, in coordination with the Director of the Missile Defense Agency, shall submit to the congressional defense committees a report containing—
(1) an identification of any vulnerability of the contiguous United States to known cruise missile threats; and
(2) a plan to mitigate any such vulnerability.
(a) Integration.—Section 1697(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1791) is amended by adding at the end the following new sentence: “The Secretary shall initiate such transfer of technologies to DDG–1000 class destroyers by not later than January 1, 2021.”.
(b) Report on strategic hypersonic weapons.—
(1) REQUIREMENT.—Not later than 120 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a report on strategic hypersonic weapons.
(2) MATTERS INCLUDED.—The report under paragraph (1) shall include the following:
(A) A discussion of the authority to use strategic hypersonic weapons and if, and how, such authorities would be delegated to the commanders of the combatant commands or to the Chiefs of the Armed Forces.
(B) An assessment of escalation and miscalculation risks (including the risk that adversaries may detect initial launch but not reliably detect the entire boost-glide trajectory), how such risks will be addressed and minimized with regards to the use of strategic hypersonic weapons, and whether any risk escalation exercises have been conducted or are planned for the potential use of hypersonic weapons.
(C) A description of any updates needed to war plans with the introduction of strategic hypersonic weapons.
(D) Identification of the element of the Department of Defense that has responsibility for establishing targeting requirements for strategic hypersonic weapons.
(E) A description of how the requirements for land- and sea-based strategic hypersonic weapons will be addressed with the Joint Requirements Oversight Council, and how such requirements will be formally provided to the military departments procuring such weapons through an acquisition program described under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note).
(F) A basing strategy for land-based launch platforms and a description of the actions needed to be taken for future deployment of such platforms.
(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c) Annual reports on acquisition.—
(1) ARMY AND NAVY PROGRAMS.—Except as provided by paragraph (3), not later than 30 days after the date on which the budget of the President for each of fiscal years 2022 through 2025 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the conventional prompt global strike programs of the Army and the Navy, including—
(A) the total costs to the respective military departments for such programs;
(B) the strategy for such programs with respect to manning, training, and equipping, including cost estimates; and
(C) a testing strategy and schedule for such programs.
(2) CERTIFICATIONS.—Not later than 60 days after the date on which the budget of the President for each of fiscal years 2022 through 2025 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a certification regarding the sufficiency, including any anomalies, with respect to—
(A) the total program costs of the conventional prompt global strike programs of the Army and the Navy; and
(B) the testing strategy for such programs.
(3) TERMINATION.—The requirement to submit a report under paragraph (1) shall terminate on the date on which the Secretary of Defense determines that the conventional prompt global strike programs of the Army and the Navy are unable to be acquired under the authority of section 804 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note).
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees—
(1) each report produced by the Department of Defense pursuant to the Missile Defense Review published in 2019; and
(2) each report produced by the Department pursuant to the Nuclear Posture Review published in 2018.
(a) Report.—Not later than January 31, 2021, the Under Secretary of Defense for Policy shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report—
(1) detailing the efforts of the Department of Defense with respect to developing and implementing guidance to ensure that the risks of inadvertent escalation to a nuclear war are considered within the decision-making processes of the Department regarding relevant activities (such as developing contingency plans, managing military crises and conflicts, and supporting the Department of State in the development, negotiation, and implementation of cooperative risk-reduction measures); and
(2) identifying the capabilities and factors taken into account in developing such guidance.
(b) Form.—The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Briefing.—Not later than December 1, 2020, the Under Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the progress and findings made in carrying out subsection (a).
(1) IN GENERAL.—Beginning on October 1, 2020, if the Secretary of Defense has not submitted the covered reports, not more than 25 percent of the funds specified in paragraph (2) may be obligated or expended until the date on which the covered reports have been submitted.
(2) FUNDS SPECIFIED.—The funds specified in this paragraph are the funds authorized to be appropriated by the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 or otherwise made available for fiscal year 2021 for the immediate office of the Secretary of Defense.
(b) Covered reports defined.—In this section, the term “covered reports” means—
(1) the report under section 1698(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1792); and
(2) the assessment under section 1236(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1650).
(a) In general.—The Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall conduct a review of the ability of the Cybersecurity and Infrastructure Security Agency to carry out its mission requirements, as well as the recommendations detailed in the U.S. Cyberspace Solarium Commission’s Report regarding the Agency.
(b) Elements of review.—The review conducted in accordance with subsection (a) shall include the following elements:
(1) An assessment of how additional budget resources could be used by the Cybersecurity and Infrastructure Security Agency for projects and programs that—
(A) support the national risk management mission;
(B) support public and private-sector cybersecurity;
(C) promote public-private integration; and
(D) provide situational awareness of cybersecurity threats.
(2) A force structure assessment of the Cybersecurity and Infrastructure Security Agency, including—
(A) a determination of the appropriate size and composition of personnel to carry out the mission requirements of the Agency, as well as the recommendations detailed in the U.S. Cyberspace Solarium Commission’s Report regarding the Agency;
(B) as assessment of whether existing personnel are appropriately matched to the prioritization of threats in the cyber domain and risks to critical infrastructure;
(C) an assessment of whether the Agency has the appropriate personnel and resources to—
(i) perform risk assessments, threat hunting, and incident response to support both private and public cybersecurity;
(ii) carry out its responsibilities related to the security of Federal information and Federal information systems (as such term is defined in section 3502 of title 44, United States Code); and
(iii) carry out its critical infrastructure responsibilities, including national risk management;
(D) an assessment of whether current structure, personnel, and resources of regional field offices are sufficient to carry out Agency responsibilities and mission requirements; and
(E) an assessment of current Cybersecurity and Infrastructure Security Agency facilities, including a review of the suitability of such facilities to fully support current and projected mission requirements nationally and regionally, and recommendations regarding future facility requirements.
(c) Submission of review.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report detailing the result of the review conducted in accordance with subsection (a), including recommendations to address any identified gaps.
(d) General Services Administration review.—
(1) SUBMISSION OF ASSESSMENT.—Upon submission to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of the report required under subsection (c), the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Administrator of the General Services Administration the results of the assessment required under subsection (b)(2)(E).
(2) REVIEW.—The Administrator of the General Services Administration shall—
(A) conduct a review of Cybersecurity and Infrastructure Security Agency assessment required under subsection (b)(2)(E); and
(B) make recommendations regarding resources needed to procure or build a new facility or augment existing facilities to ensure sufficient size and accommodations to fully support current and projected mission requirements, including the integration of personnel from the private sector and other Federal departments and agencies.
(3) SUBMISSION OF REVIEW.—Not later than 30 days after receipt of the assessment under paragraph (1), the Administrator of the General Services Administration shall submit to the President, the Secretary of Homeland Security, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives the review required under paragraph (2).
(a) Review.—The Comptroller General of the United States shall conduct a review of all support provided, or planned to be provided, under section 127e of title 10, United States Code. Such review shall include an analysis of each of the following:
(1) The strategic alignment between such support and relevant Executive orders, global campaign plans, theatre campaign plans, execute orders, and other guiding documents for currency, relevancy, and efficacy.
(2) The extent to which United States Special Operations Command has the processes and procedures to manage, integrate, and synchronize the authority under section 127e of title 10, United States Code, in support of the objectives and priorities specified by the documents listed in (a)(1) as well as the objectives and priorities of—
(A) the geographic combatant commands;
(B) theatre elements of United States Special Operations Command;
(C) relevant chiefs of mission and other appropriate positions in the Department of State; and
(D) any other interagency organization affected by the use of such authority.
(3) For the activities carried out pursuant to such authority, the extent to which United States Special Operations Command has the processes and procedures to—
(A) determine the professionalism, cohesion, and institutional capacity of the military in the country where forces receiving support are based;
(B) determine the adherence of the forces receiving support to human rights norms and the laws of armed conflict;
(C) establish measures of effectiveness;
(D) assess such activities against established measures of effectiveness as identified in subparagraph (C);
(E) establish criteria to determine the successful completion of such activities;
(F) deconflict and synchronize activities conducted under such authority with other relevant funding authorities;
(G) deconflict and synchronize activities conducted under such authorities with other relevant activities conducted by organizations related to, but outside the purview of, the Department of Defense; and
(H) track the training, support, and facilitation provided to forces receiving support, and the significant activities undertaken by such forces as a result of such training, support, and facilitation.
(4) The extent to which United States Special Operations Command has processes and procedures to manage the sunset, termination, or transition of activities carried out pursuant to such authority, including—
(A) accountability with respect to equipment provided; and
(B) integrity of the tactics, techniques, and procedures developed.
(5) The extent to which United States Special Operations Command has and uses processes and procedures to—
(A) report to Congress biannually on the matters referred to in paragraph (3); and
(B) notify Congress with respect to the intent to sunset, terminate, or transition activities carried out pursuant to such authority.
(6) Any other issues the Comptroller General determines appropriate with respect to the authority under section 127e of title 10, United States Code.
(b) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide for the Committees on Armed Services of the Senate and House of Representatives a briefing on the progress of the review required under subsection (a).
(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the review required under subsection (a) and the recommendations of the Comptroller General pursuant to such review.
(d) Support defined.—In this section, the term “support” includes—
(1) personnel who provide capacity for—
(A) training and equipment;
(B) training, advice, and assistance; or
(C) advice, assistance, and accompaniment capacity;
(2) financial assistance; and
(3) equipment and weapons.
(a) In general.—The Secretary of Defense shall enter into an agreement with a federally funded research and development corporation under which such corporation shall conduct a study of the responsibilities, authorities, policies, programs, resources, organization, and activities of the explosive ordnance disposal agencies of the Department of Defense, Defense Agencies, and military departments. In carrying out the study, the federally funded research and development corporation shall solicit input from relevant nonprofit organizations, such as the National Defense Industrial Association EOD Committee, United States Army EOD Association, United States Bomb Technician Association and the EOD Warrior Foundation.
(b) Elements of study.—The study conducted under subsection (a) shall include, for the Department of Defense, each Defense Agency, and each the military departments, each of the following:
(1) An identification and evaluation of—
(A) technology research, development, and acquisition activities related to explosive ordnance disposal, including an identification and evaluation of—
(i) current and future technology and related industrial base gaps; and
(ii) any technical or operational risks associated with such technology or related industrial base gaps;
(B) recruiting, training, education, assignment, promotion, and retention of military and civilian personnel with responsibilities relating to explosive ordnance disposal;
(C) administrative and operational force structure with respect to explosive ordnance disposal, including an identification and assessment of risk associated with force structure capacity or capability gaps, if any; and
(D) the demand for, and activities conducted in support of, domestic and international military explosive ordnance disposal operations, including—
(i) support provided to Department of Defense agencies and other Federal agencies; and
(ii) an identification and assessment of risk associated with the prioritization and availability of explosive ordnance disposal support among supported agencies and operations.
(2) Recommendations, if any, for changes to—
(A) the organization and distribution of responsibilities and authorities relating to explosive ordnance disposal;
(B) the explosive ordnance disposal force structure, management, prioritization, and operating concepts in support of the explosive ordnance disposal requirements of the Armed Forces and other Federal agencies; and
(C) resource investment strategies and technology prioritization for explosive ordnance disposal, including science and technology, prototyping, experimentation, test and evaluation, and related 5-year funding profiles.
(1) IN GENERAL.—Not later than August 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the study conducted under subsection (a). Such report shall include the comments on the study, if any, of the Secretary of Defense, the directors of each of the Defense Agencies, and the Secretaries of each of the military departments.
(2) FORM OF REPORT.—The report submitted under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
(a) Sense of Congress.—It is the sense of Congress that—
(1) the promotion of human rights and the protection of civilians abroad is an ethical, legal, and strategic interest of the United States;
(2) the Human Rights Office at the United States Southern Command plays an essential role in the promotion of human rights and the professionalization of foreign security forces in the area of responsibility of the United States Southern Command;
(3) the Secretary of Defense should ensure the status of the Human Rights Office at the United States Southern Command and, to the extent possible, ensure the United States Southern Command has the assets necessary to support the activities of the Human Rights Office; and
(4) the Secretary of Defense should ensure the development, at each of the combatant commands, of an office responsible for—
(A) advising the commander of the combatant command on the promotion of human rights and protection of civilians; and
(B) integrating such promotion and protection into command strategy.
(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on—
(1) the activities of the Human Rights Office at the United States Southern Command to provide and promote—
(A) analysis and policy support to the Commander of the United States Southern Command regarding human rights and the protection of civilians;
(B) education of employees of the Department of Defense regarding human rights and protection of civilians pursuant to the document promulgated by the United States Southern Command on July 1, 1998, titled “Regulation 1-20” (relating to policy and procedures for human rights administration);
(C) integration of the promotion of human rights and protection of civilians into the strategy, planning, training, and exercises of the United States Southern Command, including into programs of the armed forces of partner countries through the Human Rights Initiative program of such Command;
(D) promotion of human rights and the protection of civilians through security cooperation activities;
(E) implementation of section 362 of title 10, United States Code; and
(F) countering trafficking in persons; and
(2) the resources necessary over the period of the future years defense plan for fiscal year 2022 under section 221 of title 10, United States Code, for the United States Southern Command to support the activities of the Human Rights Office at such Command.
(c) Form.—The report under subsection (b) shall be submitted in unclassified form.
(a) Report.—Not later than March 15, 2021, the Chairman of the Joint Chiefs of Staff, in coordination with the Commander of United States Indo-Pacific Command, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, shall submit to the congressional defense committees a report containing a plan to integrate combined, joint, and multi-domain, training and experimentation in the Pacific region, including existing ranges, training areas, and test facilities, to achieve the following objectives:
(1) Support future combined and joint exercises and training to test operational capabilities and weapon systems.
(2) Employ multi-domain training to validate joint operational concepts.
(3) Integrate allied and partner countries into national-level exercises.
(b) Matters.—The report under subsection (a) shall address the following:
(1) Integration of cyber, space, and electromagnetic spectrum domains.
(2) Mobile and fixed range instrumentation packages for experimentation and training.
(3) Digital, integrated command and control for air defense systems.
(4) Command, control, communications, computer, and information (C41) systems.
(5) War gaming, modeling, and simulations packages.
(6) Intelligence support systems.
(7) Manpower management, execution, collection, and analysis required for the incorporation of space and cyber activities into the training range exercise plan contained in such report.
(8) Connectivity requirements to support all domain integration and training.
(9) Any training range upgrades or infrastructure improvements necessary to integrate legacy training and exercise facilities into integrated, operational sites.
(10) Exercises led by the United States Indo-Pacific Command, within the area of operations of the Command, that integrate allied and partnered countries and link to the national-level exercises of the United States.
(11) Incorporation of any other functional and geographic combatant commands required to support the United States Indo-Pacific Command.
(c) Form.—The report under subsection (a) may be submitted in classified form, and shall include an unclassified summary.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall enter into an agreement with an appropriate non-governmental entity with relevant expertise, as determined by the Director, to conduct a study and make recommendations with respect to the impact of the policies of the People’s Republic of China and coordination among industrial entities within the People’s Republic of China on international bodies engaged in developing and setting international standards for emerging technologies. The study may include—
(1) an assessment of how the role of the People’s Republic of China in international standards setting organizations has grown over the previous 10 years, including in leadership roles in standards-drafting technical committees, and the quality or value of that participation;
(2) an assessment of the impact of the standardization strategy of the People’s Republic of China, as identified in the “Chinese Standard 2035” on international bodies engaged in developing and setting standards for select emerging technologies, such as advanced communication technologies or cloud computing and cloud services;
(3) an examination of whether international standards for select emerging technologies are being designed to promote interests of the People’s Republic of China that are expressed in the “Made in China 2025” plan to the exclusion of other participants;
(4) an examination of how the previous practices that the People’s Republic of China has utilized while participating in international standards setting organizations may foretell how the People’s Republic of China will engage in international standardization activities of critical technologies like artificial intelligence and quantum information science, and what may be the consequences;
(5) recommendations on how the United States can take steps to mitigate influence of the People’s Republic of China and bolster United States public and private sector participation in international standards-setting bodies; and
(6) any other areas the Director, in consultation with the entity selected to conduct the study, believes is important to address.
(b) Report to congress.—The agreement entered into under subsection (a) shall require the entity conducting the study to, not later than 2 years after the date of the enactment of this Act—
(1) submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the review conducted under subsection (a); and
(2) make a copy of such report available on a publicly accessible website.
(a) Sense of Congress.—It is the sense of Congress that—
(1) the occurrence of a catastrophic critical infrastructure failure event, in which key networks facilitating the delivery of essential services such as electricity, water, or communications fail for an extended duration, would constitute a significant threat to the national security and common welfare of the United States;
(2) such a catastrophic critical infrastructure failure event could occur by various means, including but not limited to those linked to natural phenomenon (including earthquakes, hurricanes, or geomagnetic disturbances) or military conflict (including cyberattacks, electromagnetic pulse effects, or kinetic assault); and
(3) the Department of the Defense should strengthen its preparedness for catastrophic critical infrastructure failure events, including with respect to preemptive infrastructure enhancements, the facilitation of resiliency and relief efforts in the aftermath thereto, and the mitigation of impacts of such an event on activities of the Department.
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes an analysis of each of the following:
(A) Particular threat scenarios involving catastrophic critical infrastructure failure events which the Secretary believes could be adequately addressed by existing Department of Defense plans and resources.
(B) Particular threat scenarios involving catastrophic critical infrastructure failure events which the Secretary believes could not currently be adequately addressed by existing Department of Defense plans and resources.
(C) Unique challenges, with respect to activities and operations of the Department of Defense, presented by catastrophic critical infrastructure failure events involving geomagnetic disturbance or electromagnetic pulse events.
(D) Strategies to increase future preparedness with respect to any threat scenarios identified pursuant to subparagraph (B).
(2) FORM.—The report under paragraph (1) may be submitted in classified form, but if so submitted, shall be accompanied by an unclassified summary.
(a) In general.—The Comptroller General of the United States shall conduct a study on the school to prison pipeline in order to—
(1) highlight this issue;
(2) offer proof of concept to States that evidence-based interventions, such as restorative practices, are—
(A) more effective than punitive, exclusionary measures;
(B) improve student achievement; and
(C) enhance public safety and student-well-being; and
(3) determine the long-term benefits of replacing a punitive approach to discipline with restorative practices in schools, by analyzing the potential savings generated by helping children stay in school and out of the criminal justice system.
(b) Cost-Benefit analysis.—The study conducted under subsection (a) shall include a cost-benefit analysis to determine the effectiveness and impact of school resource officers and local law enforcement personnel on school climate and student discipline.
(c) Report.—Upon the conclusion of the study under subsection (a), the Comptroller General of the United States shall prepare and submit to Congress a report regarding the study and the conclusions and recommendations generated from the study.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the unclaimed property in the possession of the Department of Veterans Affairs.
(b) Review of report.—The Comptroller General of the United States shall conduct a review of the report submitted under subsection (a).
(c) Unclaimed property defined.—The term “unclaimed property” includes any intangible personal property, including money, liquidated obligations, choses in action, accounts, entrusted funds, deposits, evidences of debt or instruments held by any Federal agency, officer or employee thereof (except bonuses, gratuities, and sums held by the Social Security Administration), which has remained unclaimed by the owner.
(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish a report regarding veterans who receive benefits under laws administered by the Secretary, including the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
(b) Data.—The data regarding veterans published in the report under subsection (a)—
(1) shall be disaggregated by—
(A) sex;
(B) sexual orientation;
(C) gender identity;
(D) minority group member status; and
(E) minority group member status listed by sex; and
(2) may not include any personally identifiable information.
(c) Matters included.—The report under subsection (a) shall include—
(1) identification of any disparities in the use of benefits under laws administered by the Secretary;
(2) an analysis of the cause of such disparities, and recommendations to address such disparities; and
(3) identification of veterans who are determined to be ineligible for benefits due to discharge status.
(d) Minority group member defined.—In this section, the term “minority group member” has the meaning given that term in section 544 of title 38, United States Code.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the compliance of Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. (collectively referred to in this section as “ZTE”) with the Superseding Settlement Agreement and Superseding Order reached with the Department of Commerce on June 8, 2018 (in this section referred to as the “agreement”).
(b) Matters To be included.—The report required by subsection (a) shall include a comprehensive analysis of the following:
(1) The level of compliance by ZTE, past and present, with the obligations of ZTE under the agreement.
(2) The transparency and candor of ZTE in representing such level of compliance.
(3) Efforts by the United States Government to monitor, report on, and ensure compliance by ZTE with the agreement.
(4) Whether any actions taken by ZTE since June 8, 2018, constitute a material breach of the obligations of ZTE under the agreement.
(5) Recommended courses of action for the United States Government to improve compliance by ZTE with the agreement or to respond to a material breach of the obligations of ZTE under the agreement.
(a) Study.—The Comptroller General of the United States shall conduct a study to assess and analyze the state and availability of insurance coverage in the United States for cybersecurity risks, which shall include—
(1) identifying the number and dollar volume of cyber insurance policies currently in force and the percentage of businesses, and specifically small businesses, that have cyber insurance coverage;
(2) assessing the extent to which States have established minimum standards for the scope of cyber insurance policies; and
(3) identifying any barriers to modeling and underwriting cybersecurity risks.
(b) Report.—Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress setting forth the findings and conclusions of the study conducted pursuant to subsection (a), which shall include recommendations on whether or not Federal intervention would help facilitate the growth and development of insurers offering coverage for cybersecurity risks, the availability and affordability of such coverage, and policyholder education regarding such coverage.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the following information:
(1) A description of current Department of Defense naming conventions for military installations, infrastructure, vessels, and weapon systems.
(2) A list of all military installations (including reserve component facilities), infrastructure (including reserve component infrastructure), vessels, and weapon systems that are currently named after African Americans who served in the Armed Forces.
(3) An explanation of the steps being taken to recognize the service of African Americans who have served in the Armed Forces with honor, heroism, and distinction by increasing the number of military installations, infrastructure, vessels, and weapon systems named after deserving African American members of the Armed Forces.
(a) Report.—Not later than 1 year after the date of the enactment of this Act, the President shall submit to Congress a report on United States Government police training and equipping programs outside the United States.
(b) Elements.—The report required under paragraph (1) shall include the following:
(1) A list of all United States Government departments and agencies involved in implementing police training and equipping programs.
(2) A description of the scope, size, and components of all police training and equipping programs for fiscal years 2023, 2024, and 2025, including, for each such program—
(A) the name of each country that received assistance under the program;
(B) for each training activity, the number of foreign personnel provided training, their units of operation, location of the training, cost of the activity, the United States unit involved, and the nationality and unit of non-United States training personnel, if any, involved in each activity;
(C) the purpose and objectives of the program;
(D) the funding and personnel levels for the program in each such fiscal year;
(E) the authority under which the program is conducted;
(F) the name of the United States Government department or agency with lead responsibility for the program and the mechanisms for oversight of the program; and
(G) the metrics for measuring the results of the program.
(3) An assessment of the requirements for police training and equipping programs, and what changes, if any, are required to improve the capacity of the United States Government to meet such requirements.
(4) An evaluation of the appropriate role of United States Government departments and agencies in coordinating on and carrying out police training and equipping programs.
(5) An evaluation of the appropriate role of contractors in carrying out police training and equipping programs, and what modifications, if any, are needed to improve oversight of such contractors.
(6) Recommendations for legislative modifications, if any, to existing authorities relating to police training and equipping programs.
(c) Form of report.—The report required under this section shall be submitted in unclassified form, but may include a classified annex.
(d) Public availability internet.—All unclassified portions of the report required under this section shall be made publicly available on an appropriate internet website.
(e) Definition.—In this section, the term “police” includes national police, gendarmerie, counter-narcotics police, counterterrorism police, formed police units, border security, and customs.
(a) Definitions.—In this section:
(1) DIGITAL CONTENT FORGERY.—The term “digital content forgery” means the use of emerging technologies, including artificial intelligence and machine learning techniques, to fabricate or manipulate audio, visual, or text content with the intent to mislead.
(2) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.
(b) Reports on digital content forgery technology.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act and annually thereafter for 5 years, the Secretary, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, and with respect to subparagraphs (F) through (H) of paragraph (2), in consultation with the Director of National Intelligence, shall research the state of digital content forgery technology and produce a report on such technology.
(2) CONTENTS.—Each report produced under paragraph (1) shall include the following:
(A) An assessment of the underlying technologies used to create or propagate digital content forgeries, including the evolution of such technologies.
(B) A description of the types of digital content forgeries, including those used to commit fraud, cause harm, or violate civil rights recognized under Federal law.
(C) An assessment of how foreign governments, and the proxies and networks thereof, use, or could use, digital content forgeries to harm national security.
(D) An assessment of how non-governmental entities in the United States use, or could use, digital content forgeries.
(E) An assessment of the uses, applications, dangers, and benefits, including the impact on individuals, of deep learning technologies used to generate high fidelity artificial content of events that did not occur.
(F) An analysis of the methods used to determine whether content is genuinely created by a human or through digital content forgery technology, and an assessment of any effective heuristics used to make such a determination, as well as recommendations on how to identify and address suspect content and elements to provide warnings to users of such content.
(G) A description of the technological countermeasures that are, or could be, used to address concerns with digital content forgery technology.
(H) Proposed research and development activities for the Science and Technology Directorate of the Department of Homeland Security to undertake related to the identification of forged digital content and related countermeasures.
(I) Any additional information the Secretary determines appropriate.
(3) CONSULTATION AND PUBLIC HEARINGS.—In producing each report required under paragraph (1), the Secretary may—
(A) consult with any other agency of the Federal Government that the Secretary considers necessary; and
(B) conduct public hearings to gather, or otherwise allow interested parties an opportunity to present, information and advice relevant to the production of the report.
(4) FORM OF REPORT.—Each report required under paragraph (1) shall be produced in unclassified form, but may contain a classified annex.
(5) APPLICABILITY OF FOIA.—Nothing in this section, or in a report produced under this section, may be construed to allow the disclosure of information or a record that is exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”).
(6) APPLICABILITY OF THE PAPERWORK REDUCTION ACT.—Subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to this section.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Bureau of Labor Statistics of the Department of Labor, shall conduct a study on why Post-9/11 Veterans who are women are at higher risk of unemployment than all other groups of women veterans and their non- veteran counterparts.
(A) IN GENERAL.—The Secretary shall conduct the study under paragraph (1) primarily through the Center for Women Veterans under section 318 of title 38, United States Code.
(B) CONSULTATION.—-In carrying out the study conducted under paragraph (1), the Secretary may consult with—
(i) the Department of Labor;
(ii) other Federal agencies, such as the Department of Defense, the Office of Personnel Management, and the Small Business Administration;
(iii) foundations; and
(iv) entities in the private sector.
(3) ELEMENTS OF STUDY.—The study conducted under paragraph (1) shall include, with respect to Post-9/11 Veterans who are women, at a minimum, an analysis of the following:
(A) Rank at time of separation from the Armed Forces.
(B) Geographic location upon such separation.
(C) Educational level upon such separation.
(D) The percentage of such veterans who enrolled in an education or employment training program of the Department of Veterans Affairs or the Department of Labor after such separation.
(E) Industries that have employed such veterans.
(F) Military occupational specialties available to such veterans.
(G) Barriers to employment of such veterans.
(H) Causes to fluctuations in employment of such veterans.
(I) Current employment training programs of the Department of Veterans Affairs or the Department of Labor that are available to such veterans.
(J) Economic indicators that impact unemployment of such veterans.
(K) Health conditions of such veterans that could impact employment.
(L) Whether there are differences in the analyses conducted under subparagraphs (A) through (K) based on the race of such veteran.
(M) The difference between unemployment rates of Post-9/11 Veterans who are women compared to unemployment rates of Post-9/11 Veterans who are men, including an analysis of potential causes of such difference.
(1) IN GENERAL.—Not later than 90 days after completing the study under subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such study.
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
(A) The analyses conducted under subsection (a)(3).
(B) A description of the methods used to conduct the study under subsection (a).
(C) Such other matters relating to the unemployment rates of Post-9/11 Veterans who are women as the Secretary considers appropriate.
(c) Post-9/11 Veteran Defined.—In this section, the term “Post-9/11 Veteran”' means a veteran who served on active duty in the Armed Forces on or after September 11, 2001.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Interior shall submit to Congress a report containing the following information:
(1) A description of the current status of the Oklahoma City National Memorial, an affiliated site of the National Park System.
(2) A summary of non-Federal funding that has been raised in accordance with section 7(2) of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–5(2)).
Not later than 180 days after the date of the enactment of this Act, the superintendent of each military service academy shall submit to the Secretary of Defense and the congressional defense committees a report that includes, with respect to the academy overseen by the superintendent, the following:
(1) Anonymized equal opportunity claims and determinations involving the academy over the past 20 years.
(2) Results of a climate survey of cadets or midshipmen (as the case may be) conducted by an external entity.
(3) A review of educational and extracurricular instruction at the academy, including—
(A) a review of courses to ensure the inclusion of minority communities in authorship and course content; and
(B) a review of faculty and staff demographics to determine diversity recruitment practices at the academy.
(a) Independent study.—Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of the Treasury in the Secretary's capacity as the Chair of the Financial Stability Oversight Council and the heads of other relevant departments and agencies, shall seek to enter into a contract with a federally funded research and development center under which the center will conduct a study on identifying and addressing threats that individually or collectively affect national security, financial security, or both.
(b) Elements of study.—In carrying out the study referred to in subsection (a), the selected Federally funded research and development center shall be contractually obligated to—
(1) identify threats that individually or collectively affect national security, financial security, or both, including—
(A) foreign entities and governments acquiring financial interests in domestic companies that have access to critical or sensitive national security materials, technologies, or information;
(B) other currencies being used in lieu of the United States Dollar in international transactions;
(C) foreign influence in companies seeking to access capital markets by conducting initial public offerings in other countries;
(D) the use of financial instruments, markets, payment systems, or digital assets in ways that appear legitimate but may be part of a foreign malign strategy to weaken or undermine the economic security of the United States;
(E) the use of entities, such as corporations, companies, limited liability companies, limited partnerships, business trusts, business associations, or other similar entities to obscure or hide the foreign beneficial owner of such entities; and
(F) any other known or potential threats that individually or collectively affect national security, financial security, or both currently or in the foreseeable future.
(2) assess the extent to which the United States Government is currently able to identify and characterize the threats identified under paragraph (1);
(3) assess the extent to which the United States Government is currently able to mitigate the risk posed by the threats identified under paragraph (1);
(4) assess whether current levels of information sharing and cooperation between the United States Government and allies and partners has been helpful or can be improved upon in order for the United States Government to identify, characterize, and mitigate the threats identified under paragraph (1); and
(5) recommend opportunities, and any such authorities or resources required, to improve the efficiency and effectiveness of the United States Government in identifying the threats identified under paragraph (1) and mitigating the risk posed by such threats.
(c) Submission to Director of National Intelligence.—Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected to conduct the study under subsection (a) shall submit to the Director of National Intelligence a report on the results of the study in both classified and unclassified form.
(1) IN GENERAL.—Not later than 30 days after the date on which the Director of National Intelligence receives the report under subsection (c), the Director shall submit to the appropriate committees of Congress an unaltered copy of the report in both classified and unclassified form, and such comments as the Director, in coordination with the Secretary of Treasury in his capacity as the Chair of the Financial Stability Oversight Council and the heads of other relevant departments and agencies, may have with respect to the report.
(2) APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(a) Progress report on maritime security.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, the Secretary of the Department in which the Coast Guard is operating, and the heads of other appropriate Federal agencies, shall submit to the congressional defense committees a report on the steps taken since December 20, 2019, to make further use of the following mechanisms to combat IUU fishing:
(A) Inclusion of counter-IUU fishing in existing shiprider agreements to which the United States is a party.
(B) Entry into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such agreements.
(C) Inclusion of counter-IUU fishing in the mission of the Combined Maritime Forces.
(D) Inclusion of counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense, in coordination with the United States Coast Guard.
(E) Development of partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.
(2) ELEMENT.—The report required by paragraph (1) shall include a description of specific steps taken by the Secretary of the Navy with respect to each mechanism described in paragraph (1), including a detailed description of any security cooperation engagement undertaken to combat IUU fishing by such mechanisms and resulting coordination between the Department of the Navy and the Coast Guard.
(b) Assessment of service coordination on maritime domain awareness.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall enter into an agreement with the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Commerce, to assess the available commercial solutions for collecting, sharing, and disseminating among United States maritime services and partner countries maritime domain awareness information relating to illegal maritime activities, including IUU fishing.
(2) ELEMENTS.—The assessment carried out pursuant to an agreement under paragraph (1) shall—
(A) build on the ongoing Coast Guard assessment related to autonomous vehicles;
(B) consider appropriate commercially and academically available technological solutions; and
(C) consider any limitation related to affordability, exportability, maintenance, and sustainment requirements and any other factor that may constrain the suitability of such solutions for use in a joint and combined environment, including the potential provision of such solutions to one or more partner countries.
(3) SUBMITTAL TO CONGRESS.—Not later than 1 year after entering into an agreement under paragraph (1), the Secretary of the Navy shall submit to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives the assessment prepared in accordance with the agreement.
(c) Report on use of fishing fleets by foreign governments.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Naval Intelligence shall submit to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives a report on the use by governments of foreign countries of distant-water fishing fleets as extensions of the official maritime security forces of such countries.
(2) ELEMENT.—The report required by paragraph (1) shall include the following:
(A) An analysis of the manner in which fishing fleets are leveraged in support of the naval operations and policies of foreign countries more generally.
(i) threats posed, on a country-by-country basis, to the fishing vessels and other vessels of the United States and partner countries;
(ii) risks to Navy and Coast Guard operations of the United States, and the naval and coast guard operations of partner countries; and
(iii) the broader challenge to the interests of the United States and partner countries.
(3) FORM.—The report required by paragraph (1) shall be in unclassified form, but may include a classified annex.
(d) Definitions.—In this section, any term that is also used in the Maritime SAFE Act (Public Law 116–92) shall have the meaning given such term in that Act.
(a) Comptroller General analysis.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an analysis of Department of Defense processes for responding to congressional reporting requirements in the annual National Defense Authorization Acts, or the accompanying committee reports.
(b) Criteria for Evaluation.—The analysis required under subsection (a) shall include an evaluation of funding and changes to policies and business practices by the Department for improving the effectiveness, efficiency, and public transparency of the Department’s compliance with congressional reporting requirements.
(c) Contents of report.—The report required by subsection (a) shall include each of the following:
(A) current laws, guidance, policies for Department of Defense compliance with congressional oversight reporting requirements; and
(B) recent direction from the congressional defense committees for the Department concerning how it designs, modifies, tracks, delivers, and inventories completed reports.
(2) A review and evaluation of the cost and effectiveness of—
(A) the methods the Department of Defense uses to track and respond to reporting requirements; and
(B) the ways in which the Department of Defense ensures suitability of content and timeliness.
(3) An analysis of options for modernizing the preparation and delivery process for reports that includes—
(A) the coordination of Department of Defense business practices and internal policies with legislative processes; and
(B) a determination of the feasibility of maintaining a congressional tracking database that makes unclassified reports publicly available in a searchable online database that identifies, for each report included in the database—
(i) the deadline on which the required report was required to be submitted;
(ii) the date on which the report was received;
(iii) the classification level of the completed report;
(iv) the form in which the report was submitted;
(v) the standard legislative citation and hyperlink to original legislative language that required the report;
(vi) the total cost associated with the report;
(vii) a brief summary of the report;
(viii) a unique identifier for the report; and
(ix) the subject and sub-subject codes associated with the report.
(a) In general.—The Comptroller General of the United States shall submit to Congress a report on risks facing service members, military families, and separated veterans on social media.
(b) Contents.—The report required under subsection (a) shall include an analysis of the following:
(1) Content related to predatory loans or financial or educational products.
(2) Content related unproven or unnecessary medical treatments or procedures.
(3) Content related to ethnic or racial violent extremism.
(4) The risks to readiness, morale, and national security posed by such content.
(5) The ways in which social media algorithms may amplify such content.
(6) The steps taken by social media companies and executive agencies to address the risks posed by the content described in paragraphs (1), (2), and (3).
(c) Form.—The report required under subsection (a) shall be submitted in an unclassified form but may include a classified annex.
(d) Executive agency defined.—In this section, the term “executive agency” means an executive department or independent establishment in the executive branch of the Federal Government.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the efforts of the Secretary to implement the recommendations set forth in the study conducted by the Defense Business Board titled “Transforming Department of Defense’s Core Business Processes for Revolutionary Change”.
(b) Elements.—The report required under subsection (a) shall include—
(1) a description of the actions carried out by the Secretary of Defense to implement the recommendations set forth in the study described in subsection (a);
(2) identification of the specific recommendations, if any, that have been implemented by the Secretary;
(3) the amount of any cost savings achieved as a result of implementing such recommendations;
(4) identification of any recommendations that have not been implemented; and
(5) alternative recommendations that may help the Department of Defense achieve $125,000,000,000 in cost savings over the period of 5 fiscal years beginning after the year in which the report is submitted.
(a) Review.—The Comptroller General of the United States shall conduct a review of whether the Department of Defense experimented with ticks, other insects, airborne releases of tick-borne bacteria, viruses, pathogens, or any other tick-borne agents regarding use as a biological weapon between the years of 1950 and 1977.
(b) Report.—If the Comptroller General of the United States finds that any experiment described under subsection (a) occurred, the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on—
(1) the scope of such experiment; and
(2) whether any ticks, insects, or other vector-borne agents used in such experiment were released outside of any laboratory by accident or experiment design.
(a) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a publicly available report on agile program and project management within the Department of Defense. The report shall include the following:
(1) A review of all statutory provisions enabling the use of agile program and project management within the Department of Defense.
(2) An evaluation of the implementation of statutory provisions enabling the use of agile program and project management within the Department of Defense and Armed Forces.
(3) An evaluation of the agile program and project methodologies used within the Department of Defense and Armed Forces.
(4) An evaluation of the how agile program and project methodologies have enabled efforts to prepare the Department of Defense and Armed Forces for the future of work.
(5) An evaluation of the enterprise scalability of the agile program and project methodologies used within the Department of Defense and Armed Forces, including how well agile methods are integrated into the enterprise when used at scale.
(6) An analysis of the impediments to the further adoption and enterprise scalability of agile program and project management including statutory impediments, as well as existing policy, guidance, and instruction of the Department of Defense and Armed Forces.
(7) An analysis of the impact of further adoption and enterprise scalability of agile program and project management on the future of work within the Department of Defense and Armed Forces.
(8) Such other information as the Comptroller General determines appropriate.
(b) Interim briefing.—Not later than March 1, 2021, the Comptroller General shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the topics to be covered by the report under subsection (a), including and preliminary data and any issues or concerns of the Comptroller General relating to the report.
(c) Access to relevant data.—For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data.
This subtitle may be cited as the “Electronic Message Preservation Act”.
(a) Requirement for Preservation of Electronic Messages.—Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section:
Ҥ 2912. Preservation of electronic messages and other records
“(a) Regulations required.—The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records. Such regulations shall, at a minimum—
“(1) require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33;
“(2) require that such electronic records are readily accessible for retrieval through electronic searches; and
“(3) include timelines for Federal agency implementation of the regulations that ensure compliance as expeditiously as practicable.
“(b) Ensuring compliance.—The Archivist shall promulgate regulations that—
“(1) establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs (1) and (2) of subsection (a); and
“(2) establish a process to ensure that the electronic records management system of each Federal agency meets the functional requirements established under paragraph (1).
“(c) Coverage of other electronic records.—To the extent practicable, the regulations promulgated under subsections (a) and (b) shall also include requirements for the capture, management, and preservation of other electronic records.
“(d) Compliance by Federal agencies.—Each Federal agency shall comply with the regulations promulgated under subsections (a) and (b).
“(e) Review of regulations required.—The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsections (a) and (b).”.
(b) Deadline for regulations.—
(1) PRESERVATION OF ELECTRONIC MESSAGES.—Not later than 120 days after the date of the enactment of this Act, the Archivist shall promulgate the regulations required under section 2912(a) of title 44, United States Code, as added by subsection (a).
(2) ENSURING COMPLIANCE.—Not later than 2 years after the date of the enactment of this Act, the Archivist shall promulgate the regulations required under section 2912(b) of title 44, United States Code, as added by subsection (a).
(c) Reports on implementation of regulations.—
(1) AGENCY REPORT TO ARCHIVIST.—Not later than 1 year after the date of the enactment of this Act, the head of each Federal agency shall submit to the Archivist a report on the agency’s compliance with the regulations promulgated under section 2912 of title 44, United States Code, as added by subsection (a), and shall make the report publicly available on the website of the agency.
(2) ARCHIVIST REPORT TO CONGRESS.—Not later than 90 days after receipt of all reports required by paragraph (1), the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under section 2912(a) of title 44, United States Code, as added by subsection (a), and shall make the report publicly available on the website of the agency.
(3) FEDERAL AGENCY DEFINED.—In this subsection, the term “Federal agency” has the meaning given that term in section 2901 of title 44, United States Code.
(d) Clerical amendment.—The table of sections at the beginning of chapter 29 of title 44, United States Code, is amended by adding after the item relating to section 2911 the following new item:
“2912. Preservation of electronic messages and other records.”.
(e) Definitions.—Section 2901 of title 44, United States Code, is amended—
(1) by striking “and” at the end of paragraph (14); and
(2) by striking paragraph (15) and inserting the following new paragraphs:
“(15) the term ‘electronic messages’ means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and
“(16) the term ‘electronic records management system’ means software designed to manage electronic records, including by—
“(A) categorizing and locating records;
“(B) ensuring that records are retained as long as necessary;
“(C) identifying records that are due for disposition; and
“(D) ensuring the storage, retrieval, and disposition of records.”.
(a) Additional Regulations Relating to Presidential Records.—
(1) IN GENERAL.—Section 2206 of title 44, United States Code, is amended—
(A) by striking “and” at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and inserting “; and”; and
(C) by adding at the end the following:
“(5) provisions for establishing standards necessary for the economical and efficient management of electronic Presidential records during the President’s term of office, including—
“(A) records management controls necessary for the capture, management, and preservation of electronic messages;
“(B) records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches; and
“(C) a process to ensure the electronic records management system to be used by the President for the purposes of complying with the requirements in subparagraphs (A) and (B).”.
(2) DEFINITIONS.—Section 2201 of title 44, United States Code, is amended by adding at the end the following new paragraphs:
“(6) The term ‘electronic messages’ has the meaning given that term under section 2901(15).
“(7) The term ‘electronic records management system’ has the meaning given that term under section 2901(16).”.
(b) Certification of President’s Management of Presidential Records.—
(1) CERTIFICATION REQUIRED.—Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section:
“§ 2210. Certification of the President’s management of Presidential records
“(a) Annual Certification.—The Archivist shall annually certify whether the electronic records management controls established by the President meet requirements under sections 2203(a) and 2206(5).
“(b) Report to Congress.—The Archivist shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives on the status of the certification.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following new item:
“2210. Certification of the President’s management of Presidential records. ”.
(c) Report to Congress.—Section 2203(g) of title 44, United States Code, is amended by adding at the end the following new paragraph:
“(5) One year following the conclusion of a President’s term of office, or if a President serves consecutive terms 1 year following the conclusion of the last term, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on—
“(A) the volume and format of electronic Presidential records deposited into that President’s Presidential archival depository; and
“(B) whether the electronic records management controls of that President met the requirements under sections 2203(a) and 2206(5).”.
(d) Effective date.—The amendments made by this section shall take effect 1 year after the date of the enactment of this Act.
This subtitle may be cited as the “Space Technology Advancement Report (STAR) Act of 2020”.
Congress finds the following:
(1) As stated in the United States-China Economic and Security Commission’s 2019 Report to Congress, the United States retains many advantages over the People’s Republic of China (PRC) in space, including—
(A) the organization and technical expertise of its space program;
(B) the capabilities of the National Aeronautics and Space Administration for human spaceflight and exploration;
(C) its vibrant commercial space sector;
(D) its long history of space leadership; and
(E) many international partnerships.
(2) The PRC seeks to establish a leading position in the economic and military use of outer space and views space as critical to its future security and economic interests.
(3) The PRC’s national-level commitment to establishing itself as a global space leader harms United States interests and threatens to undermine many of the advantages the United States has worked so long to establish.
(4) For over 60 years, the United States has led the world in space exploration and human space flight through a robust national program that ensures NASA develops and maintains critical spaceflight systems to enable this leadership, including the Apollo program’s Saturn V rocket, the Space Shuttle, the International Space Station and the Space Launch System and Orion today.
(5) The Defense Intelligence Agency noted in its 2019 “Challenges to U.S. Security in Space” report that the PRC was developing a national super-heavy lift rocket comparable to NASA’s Space Launch System.
(6) The United States space program and commercial space sector risks being hollowed out by the PRC’s plans to attain leadership in key technologies.
(7) It is in the economic and security interest of the United States to remain the global leader in space power.
(8) A recent report by the Air Force Research Laboratory and the Defense Innovation Unit found that China’s strategy to bolster its domestic space industry includes a global program of theft and other misappropriation of intellectual property, direct integration of state-owned entities and their technology with commercial start-ups, the use of front companies to invest in United States space companies, vertical control of supply chains, and predatory pricing.
(9) The United States Congress passed the Wolf Amendment as part of the Fiscal Year 2012 Consolidated and Further Continuing Appropriations Act (Public Law 112–55) and every year thereafter in response to the nefarious and offensive nature of Chinese activities in the space industry.
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, and annually thereafter in fiscal years 2022 and 2023, the National Space Council shall submit to the appropriate congressional committees an interagency assessment of the ability of the United States to compete with foreign space programs and in the emerging commercial space economy.
(2) CONTENT OF REPORT.—The report shall include information on the following:
(A) An assessment of the human exploration and spaceflight capabilities of the national space program of the United States relative to national programs of the PRC.
(i) the viability of extraction of space-based precious minerals, onsite exploitation of space-based natural resources, and utilization of space-based solar power;
(ii) the programs of the United States and the PRC that are related to the issues described in clause (i); and
(iii) any potential terrestrial or space environmental impacts of space-based solar power.
(C) An assessment of United States strategic interests in or related to cislunar space.
(D) A comparative assessment of future United States space launch capabilities and those of the PRC.
(E) The extent of foreign investment in the commercial space sector of the United States, especially in venture capital and other private equity investments that seek to work with the Federal Government.
(F) The steps by which the National Aeronautics and Space Administration, the Department of Defense, and other United States Federal agencies conduct the necessary due diligence and security reviews prior to investing in private space entities that may have received funding from foreign investment.
(G) Current steps that the United States is taking to identify and help mitigate threats to domestic space industry from influence of the PRC.
(H) An assessment of the current ability, role, costs, and authorities of the Department of Defense to mitigate the threats of commercial communications and navigation in space from the PRC’s growing counterspace capabilities, and any actions required to improve this capability.
(I) An assessment of how the PRC’s activities are impacting United States national security, including—
(i) theft by the PRC of United States intellectual property through technology transfer requirements or otherwise; and
(ii) efforts of the PRC to seize control of critical elements of the United States space industry supply chain and United States space industry companies or sister companies with shared leadership; and government cybersecurity capabilities.
(J) An assessment of efforts of the PRC to pursue cooperative agreements with other nations to advance space development.
(K) Recommendations to Congress, including recommendations with respect to—
(i) any legislative proposals to address threats by the PRC to the United States national space programs as well as domestic commercial launch and satellite industries; and
(ii) how the United States Government can best utilize existing Federal entities to investigate and prevent potentially harmful investment by the PRC in the United States commercial space industry.
(3) FORM.—The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(1) IN GENERAL.—Not later than 1 year after the submission of the report required in subsection (a), the President, in consultation with the National Space Council, shall develop and submit to the appropriate congressional committees a strategy to ensure the United States can—
(A) compete with other national space programs;
(B) maintain leadership in the emerging commercial space economy;
(C) identify market, regulatory, and other means to address unfair competition from the PRC based on the findings of in the report required in subsection (a);
(D) leverage commercial space capabilities to ensure United States national security and the security of United States interests in space;
(E) protect United States supply chains and manufacturing critical to competitiveness in space; and
(F) coordinate with international allies and partners in space.
(3) FORM.—The strategy required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c) Definitions.—In this section, the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES OF CONGRESS.—The term “appropriate congressional committees” means—
(A) the Committee on Armed services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Science, Space, and Technology of the House of Representatives.
(2) PRC.—The term “PRC” means the “People’s Republic of China”.
Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.) is amended—
(i) in paragraph (1), by inserting “(including airports, maritime ports, border crossing areas and checkpoints, and ports of exit from the United States)” after “gaps in areas of interstate travel”; and
(ii) in paragraphs (2) and (3), by inserting “, territories of the United States, and tribal governments” after “States”; and
(B) in subsection (d), by inserting “, the Secretary of Homeland Security,” after “Secretary of Transportation”; and
(A) in subsection (b), in paragraphs (2), (3), and (4) by inserting “, territorial, tribal,” after “State”; and
(i) in paragraph (1), by inserting “, the Secretary of Homeland Security,” after “Secretary of Transportation”; and
(ii) in paragraph (2), by inserting “, territorial, tribal,” after “State”.
(a) In general.—Section 303 of the PROTECT Act (34 U.S.C. 20503) is amended—
(1) in the section heading, by inserting “and major transportation routes” after “along highways”;
(A) by inserting “(referred to in this section as the ‘Secretary’)” after “Secretary of Transportation”; and
(B) by inserting “and at airports, maritime ports, border crossing areas and checkpoints, and ports of exit from the United States” after “along highways”;
(i) by striking “other motorist information systems to notify motorists” and inserting “other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”; and
(ii) by inserting “, aircraft passengers, ship passengers, and travelers” after “necessary to notify motorists”; and
(i) in subparagraph (A), by striking “other motorist information systems to notify motorists” and inserting “other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”;
(ii) in subparagraph (D), by inserting “, aircraft passengers, ship passengers, and travelers” after “support the notification of motorists”;
(iii) in subparagraph (E), by inserting “, aircraft passengers, ship passengers, and travelers” after “motorists”, each place it appears;
(iv) in subparagraph (F), by inserting “, aircraft passengers, ship passengers, and travelers” after “motorists”; and
(v) in subparagraph (G), by inserting “, aircraft passengers, ship passengers, and travelers” after “motorists”;
(4) in subsection (c), by striking “other motorist information systems to notify motorists”, each place it appears, and inserting “other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”;
(5) by amending subsection (d) to read as follows:
“(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of any activities funded by a grant under this section may not exceed 80 percent.
“(2) WAIVER.—If the Secretary determines that American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States is unable to comply with the requirement under paragraph (1), the Secretary shall waive such requirement.”;
(A) by striking “In this section” and inserting “In this subtitle”; and
(B) by striking “or Puerto Rico” and inserting “American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States”; and
(7) in subsection (h), by striking “fiscal year 2004” and inserting “each of fiscal years 2019 through 2023”.
(b) Technical and conforming amendment.—The table of contents in section 1(b) of the PROTECT Act (Public Law 108–21) is amended by striking the item relating to section 303 and inserting the following:
“Sec. 303. Grant program for notification and communications systems along highways and major transportation routes for recovery of abducted children.”.
Section 304 of the PROTECT Act (34 U.S.C. 20504) is amended—
(1) in subsection (b)(4), by inserting “a territorial government or” after “with”;
(2) by amending subsection (c) to read as follows:
“(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of any activities funded by a grant under this section may not exceed 50 percent.
“(2) WAIVER.—If the Attorney General determines that American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, or an Indian tribe is unable to comply with the requirement under paragraph (1), the Attorney General shall waive such requirement.”; and
(3) in subsection (d), by inserting “, including territories of the United States” before the period at the end.
(a) In general.—Not later than 5 years after the date of the enactment of this Act, the Comptroller General shall conduct a study assessing—
(1) the implementation of the amendments made by this Act;
(2) any challenges related to integrating the territories of the United States into the AMBER Alert system;
(3) the readiness, educational, technological, and training needs of territorial law enforcement agencies in responding to cases involving missing, abducted, or exploited children; and
(4) any other related matters the Attorney General or the Secretary of Transportation determines appropriate.
(b) Report required.—The Comptroller General shall submit a report on the findings of the study required under subsection (a) to—
(1) the Committee on the Judiciary and the Committee on Environment and Public Works of the Senate;
(2) the Committee on the Judiciary and the Committee on Transportation and Infrastructure of the House of Representatives; and
(3) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.
(c) Public availability.—The Comptroller General shall make the report required under subsection (b) available on a public Government website.
(1) IN GENERAL.—The Comptroller General may secure information necessary to conduct the study under subsection (a) directly from any Federal agency and from any territorial government receiving grant funding under the PROTECT Act. Upon request of the Comptroller General, the head of a Federal agency or territorial government shall furnish the requested information to the Comptroller General.
(2) AGENCY RECORDS.—Notwithstanding paragraph (1), nothing in this subsection shall require a Federal agency or any territorial government to produce records subject to a common law evidentiary privilege. Records and information shared with the Comptroller General shall continue to be subject to withholding under sections 552 and 552a of title 5, United States Code. The Comptroller General is obligated to give the information the same level of confidentiality and protection required of the Federal agency or territorial government. The Comptroller General may be requested to sign a nondisclosure or other agreement as a condition of gaining access to sensitive or proprietary data to which the Comptroller General is entitled.
(3) PRIVACY OF PERSONAL INFORMATION.—The Comptroller General, and any Federal agency and any territorial government that provides information to the Comptroller General, shall take such actions as are necessary to ensure the protection of the personal information of a minor.
(a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:
(1) Section 127e(g) is amended by striking “Low-Intensity” and inserting “Low Intensity”.
(A) by striking subsection (d); and
(B) by redesignating the second subsection (c) as subsection (d).
(3) Section 192(c) is amended by striking the first paragraph (1).
(A) in subsection (a)(1), by striking “and” after the colon;
(B) by striking “quadrennial defense review” each place it appears and inserting “national defense strategy”; and
(C) in subsection (f)(3), by striking “section 118” and inserting “section 113(g)”.
(5) Section 1073c(a) is amended by redesignating the second paragraph (6) as paragraph (7).
(6) Section 1044e is amended by striking “subsection (h)” each place it appears and inserting “subsection (i)”.
(7) The table of sections at the beginning of chapter 58 is amended by striking the item relating to section 1142 and inserting the following:
“1142. Preseparation counseling; transmittal of certain records to Department of Veterans Affairs.”.
(8) Section 1564(c)(2) is amended in the matter preceding subparagraph (A) by striking “in” and inserting “is”.
(9) The table of sections at the beginning of chapter 113 is amended by striking “Sec.” each place it appears, except for the first “Sec.” preceding the item relating to section 2200g.
(10) The table of sections at the beginning of chapter 135 is amended by striking the item relating to section 2279c.
(11) The table of sections at the beginning of chapter 142 is amended by striking the item relating to section 2417 and inserting the following:
“2417. Administrative and other costs.”.
(12) The table of sections at the beginning of chapter 152 is amended by striking the item relating to section 2568a and inserting the following:
“2568a. Damaged personal protective equipment: award to members separating from the Armed Forces and veterans.”.
(13) Section 2417(2) is amended by striking “entities -” and inserting “entities—”.
(14) Section 2641b(a)(3)(B) is amended by striking “subsection (c)(5)” and inserting “subsection (c)(6)”.
(15) Section 2804(b) is amended in the third sentence by striking “; and”.
(16) Section 2890(e)(2) is amended by inserting “a” before “landlord” in the matter preceding subparagraph (A).
(17) Section 2891(e)(1) is amended—
(A) by inserting “unit” after “housing” the third place it appears; and
(B) in subparagraph (B), by inserting “the” before “tenant”.
(18) Section 2891a is amended—
(A) in subsection (b), by adding a period at the end of paragraph (2); and
(B) in subsection (e)(2)(B), by striking “the” before “any basic”.
(19) Section 2894(c)(3) is amended by inserting “, the office” after “installation housing management office”.
(b) Title 38, United States Code.—Section 1967(a)(3)(D) of title 38, United States Code, is amended in the matter preceding clause (i) by inserting a comma after “theater of operations”.
(c) NDAA for fiscal year 2019.—Effective as of August 13, 2018, and as if included therein as enacted, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended as follows:
(1) Section 226(b)(3)(C) (132 Stat. 1686) is amended by striking “commercial-off the-shelf ” and inserting “commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) that may serve as”.
(2) Section 809(b)(3) (132 Stat. 1840) is amended by striking “Section 598(d)(4) of the National Defense Authorization Act of for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1561 note)” and inserting “Section 563(d)(4) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 1561 note)”.
(3) Section 836(a)(2)(B) (132 Stat. 1860) is amended by inserting “of such title” after “Section 104(1)(A)”.
(4) Section 836(c)(8) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:
“(A) by striking ‘commercial items’ and inserting ‘commercial products’; and
“(B) by striking ‘the item’ both places it appears and inserting ‘commercial product’.”.
(5) Section 889(f) (132 Stat. 1918) is amended by striking “appropriate congressional committees’” and inserting “appropriate congressional committees”.
(6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat. 2080) is amended by striking “improve” and inserting “improved”.
(7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 2218) is amended by inserting “to persons” before “who are potential”.
(8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat. 2223) is amended by striking the semicolon at the end and inserting a period.
(9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 2231) is amended by striking “December 5, 1991” and inserting “December 5, 1995”.
(10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat. 2235) is amended by striking “section 1752(1)(D)” and inserting “section 1752(2)(D)”.
(11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is amended in the matter preceding paragraph (1) by inserting “under” before “section 1773”.
(12) Section 2827(b)(1) (132 Stat. 2270) is amended by inserting “in the matter preceding the paragraphs” after “amended”.
(d) NDAA for fiscal year 2016.—Effective as of December 23, 2016, and as if included therein as enacted, section 856(a)(1) the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) is amended by inserting “United States Code,” after “title 41,”.
(e) Coordination with other amendments made by this Act.—For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Section 222a(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph:
“(5) The Chief of the National Guard Bureau.”.
(a) Acceptance of property.—Section 2601 of title 10, United States Code, is amended—
(1) in subsection (a)(2), by inserting after subparagraph (B) the following new subparagraph:
“(C) The Secretary concerned may display, at a military museum, recognition for an individual or organization that contributes money to a nonprofit entity described in subparagraph (A), or an individual or organization that contributes a gift directly to the armed force concerned for the benefit of a military museum, whether or not the contribution is subject to the condition that recognition be provided. The Secretary of Defense shall prescribe uniform regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards.”; and
(A) by inserting “or personal” after “real” both places it appears; and
(B) by striking “or the Coast Guard Academy” and inserting “the Coast Guard Academy, the National Defense University, the Defense Acquisition University, the Air University, the Army War College, the Army Command and General Staff College, the Naval War College, the Naval Postgraduate School, or the Marine Corps University”.
(b) Lease of non-Excess property to military museums.—
(1) IN GENERAL.—Section 2667 of title 10, United States Code, is amended—
(i) in paragraph (7), by striking “and” at the end;
(ii) in paragraph (8), by striking the period at the end and inserting “; and”; and
(iii) by adding at the end the following new paragraph:
“(9) in the case of a lease of a museum facility to a museum foundation, may provide for use in generating revenue for activities of the museum facility and for such administrative purposes as may be necessary to support the facility.”;
(B) in subsection (i), by adding at the end the following new paragraph:
“(6) The term ‘museum foundation’ means any entity—
“(A) qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
“(B) incorporated for the primary purpose of supporting a Department of Defense museum.”; and
(i) in the subsection heading, by inserting “and museums” after “leases for education”; and
(ii) by inserting “or to a museum foundation” before the period at the end.
(A) LEASE OR LICENSE OF UNITED STATES NAVY MUSEUM FACILITIES AT WASHINGTON NAVY YARD, DISTRICT OF COLUMBIA.—The National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) is amended by striking section 2852.
(B) LEASE OF FACILITY TO MARINE CORPS HERITAGE FOUNDATION.—Section 2884 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 1654A–440) is amended by striking subsection (e).
(a) National Oceanographic Partnership Program.—Section 8931 of title 10, United States Code, is amended to read as follows:
“SEC. 8931. National Oceanographic Partnership Program.
“(a) Establishment.—The Secretary of the Navy shall establish a program to be known as the ‘National Oceanographic Partnership Program’.
“(b) Purposes.—The purposes of the program are as follows:
“(1) To promote the national goals of assuring national security, advancing economic development, protecting quality of life, ensuring environmental stewardship, and strengthening science education and communication through improved knowledge of the ocean.
“(2) To coordinate and strengthen oceanographic efforts in support of those goals by—
“(A) creating and carrying out partnerships among Federal agencies, academia, industry, and other members of the oceanographic community in the areas of science, data, resources, education, and communication; and
“(B) accepting, planning, and executing oceanographic research projects funded by grants, contracts, cooperative agreements, or other vehicles as appropriate, that contribute to assuring national security, advancing economic development, protecting quality of life, ensuring environmental stewardship, and strengthening science education and communication through improved knowledge of the ocean.”.
(1) IN GENERAL.—Section 8932 of such title is amended to read as follows:
Ҥ 8932. Ocean Policy Committee
“(a) Committee.—There is established an Ocean Policy Committee (hereinafter referred to as the ‘Committee’). The Committee shall retain the membership, co-chairs, and subcommittees outlined in Executive Order No. 13840.
“(b) Responsibilities.—The Committee shall continue the activities of that Committee as it was in existence on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021. In discharging its responsibilities and to assist in the execution of the activities delineated in this subsection, the Committee may delegate to a subcommittee, as appropriate. The Committee shall—
“(1) prescribe policies and procedures to implement the National Oceanographic Partnership Program;
“(2) engage and collaborate, pursuant to existing laws and regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions;
“(3) facilitate coordination and integration of Federal activities in ocean and coastal waters to inform ocean policy and identify priority ocean research, technology, and data needs; and
“(4) review, select, and identify partnership projects for implementation under the program, based on—
“(A) whether the project addresses important research objectives or operational goals;
“(B) whether the project has, or is designed to have, appropriate participation within the oceanographic community of public, academic, commercial, private participation or support;
“(C) whether the partners have a long-term commitment to the objectives of the project;
“(D) whether the resources supporting the project are shared among the partners; and
“(E) whether the project has been subjected to adequate review according to each of the supporting agencies.
“(c) Annual report and briefing.— (1) Not later than March 1 of each year, the Committee shall post a report on the National Oceanographic Partnership Program on a publicly available website and brief—
“(A) the Committee on Commerce, Science, and Transportation of the Senate;
“(B) the Committee on Armed Services of the Senate;
“(C) the Committee on Natural Resources of the House of Representatives;
“(D) the Committee on Science, Space, and Technology of the House of Representatives; and
“(E) the Committee on Armed Services of the House of Representatives.
“(2) The report and all briefing materials shall be posted to a publicly available website not later than 30 days after the briefing.
“(3) The report and briefing shall include the following:
“(A) A description of activities of the program carried out during the prior fiscal year.
“(B) A general outline of the activities planned for the program during the current fiscal year.
“(C) A summary of projects, partnerships, and collaborations, including the Federal and non-Federal sources of funding, continued from the prior fiscal year and projects expected to begin during the current and subsequent fiscal years, as required in the program office report outlined in section 8932(f)(2)(C) of this title.
“(D) The amounts requested in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the subsequent fiscal year, for the programs, projects, activities and the estimated expenditures under such programs, projects, and activities, to execute the National Oceanographic Partnership Program.
“(E) A summary of national ocean research priorities informed by the Ocean Research Advisory Panel required in section 8933(b)(4) of this title.
“(F) A list of the members of the Ocean Research Advisory Panel described in section 8933(a) of this title and any working groups described in section 8932(f)(2)(A) of this title in existence during the fiscal years covered.
“(d) National oceanographic partnership fund.— (1) There is established in the Treasury a separate account to be known as the National Oceanographic Partnership Program Fund to be jointly managed by the Secretary of the Navy, the Administrator of the National Oceanic and Atmospheric Administration, and any other Federal agency that contributes amounts to the Fund.
“(2) Amounts in the Fund shall be available to the National Oceanic Partnership Program without further appropriation to remain available for up to 5 years from the date contributed or until expended for the purpose of carrying out this section.
“(3) There is authorized to be credited to the Fund the following:
“(A) Such amounts as determined appropriate to be transferred to the Fund by the head of a Federal agency or entity participating in the National Oceanographic Partnership Program.
“(B) Funds provided by a State, local government, tribal government, territory, or possession, or any subdivisions thereof.
“(i) a non-profit organization, individual, or Congressionally-established foundation; and
“(ii) by private grants, contracts, and donations.
“(4) For the purpose of carrying out this section, as directed by the Committee, departments or agencies represented on the Committee may enter into contracts, make grants, including transactions authorized by paragraph (5), and may transfer funds available to the National Oceanographic Partnership Program under paragraph (3) to participating departments and agencies for such purposes.
“(5) The Committee or any participating Federal agency or entity may enter into an agreement to use, with or without reimbursement, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory, District of Columbia, or possession, or of any political subdivision thereof, or of any foreign government or international organization or individual, for the purpose of carrying out this section.
“(e) Establishment and forms of partnership projects.—A partnership project under the National Oceanographic Partnership Program—
“(1) may be established by any instrument that the Committee considers appropriate; and
“(2) may include demonstration projects.
“(f) Partnership program office.— (1) The Secretary of the Navy and Administrator of the National Oceanic and Atmospheric Administration shall jointly establish a partnership program office for the National Oceanographic Partnership Program. Competitive procedures will be used to select an external operator for the partnership program office.
“(2) The Committee will monitor the performance of the duties of the partnership program office, which shall consist of the following:
“(A) To support working groups established by the Committee or subcommittee and report working group activities to the Committee, including working group proposals for partnership projects.
“(B) To support the process for proposing partnership projects to the Committee, including, where appropriate, managing review of such projects.
“(C) To submit to the Committee and make publicly available an annual report on the status of all partnership projects, including the Federal and non-Federal sources of funding for each project, and activities of the office.
“(D) To perform any additional duties for the administration of the National Oceanographic Partnership Program that the Committee considers appropriate.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 893 of title 10, United States Code, is amended by striking the item relating to section 8932 and inserting the following new item:
“8932. Ocean Policy Committee.”.
(c) Ocean Research Advisory Panel.—Section 8933 of such title is amended to read as follows:
Ҥ 8933. Ocean Research Advisory Panel
“(a) Establishment.— (1) The Committee shall establish an Ocean Research Advisory Panel consisting of not less than 10 and not more than 18 members appointed by the Co-chairs, including the following:
“(A) Three members who will represent the National Academies of Sciences, Engineering, and Medicine.
“(B) Members selected from among individuals who will represent the views of ocean industries, State, tribal, territorial or local governments, academia, and such other views as the Co-chairs consider appropriate.
“(C) Members selected from among individuals eminent in the fields of marine science, marine technology, and marine policy, or related fields.
“(2) The Committee shall ensure that an appropriate balance of academic, scientific, industry, and geographical interests and gender and racial diversity are represented by the members of the Advisory Panel.
“(b) Responsibilities.—The Committee shall assign the following responsibilities to the Advisory Panel:
“(1) To advise the Committee on policies and procedures to implement the National Oceanographic Partnership Program.
“(2) To advise the Committee on matters relating to national oceanographic science, engineering, facilities, or resource requirements.
“(3) To advise the Committee on improving diversity, equity, and inclusion in the ocean sciences and related fields.
“(4) To advise the Committee on national ocean research priorities.
“(5) Any additional responsibilities that the Committee considers appropriate.
“(6) To meet no fewer than two times a year.
“(c) Administrative and technical support.—The Administrator of the National Oceanic and Atmospheric Administration shall provide such administrative and technical support as the Ocean Research Advisory Panel may require.
“(d) Federal advisory committee act.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Ocean Research Advisory Panel appointed under section 8933.”.
(a) Standards for Program and Project Management.—Section 503(c)(1)(D) of title 31, United States Code, is amended by striking “consistent with widely accepted standards” and inserting “in accordance with standards accredited by the American National Standards Institute”.
(b) Program Management Improvement Officers and Program Management Policy Council.—Section 1126 of title 31, United States Code, is amended—
(1) in subsection (a)(1), by inserting after “senior executive of the agency” the following: “, who has significant program and project management oversight responsibilities,”; and
(2) in subsection (b)(4) by striking “twice” and inserting “four times”.
(a) In general.—During the period beginning on October 1, 2020, and ending on October 1, 2022, the Director of the Joint All Domain Command and Control (in this section referred to as “JADC2”) Cross Functional Team (in this section referred to as “CFT”), in consultation with the Vice Chairman of the Joint Chiefs of Staff and Chief Information Officer of the Department of Defense, shall provide to the Committee on Armed Services of the House of Representatives quarterly briefings on the progress of the Department’s Joint All Domain Command and Control concept.
(b) Elements.—Each briefing under subsection (a) shall include, with respect to the JADC2 concept, the following elements:
(1) The status of the joint concept of command and control.
(2) How the JADC2 CFT is identifying gaps and addressing validated requirements based on the joint concept of command and control.
(3) Progress in developing specific plans to evaluate and implement materiel and non-materiel improvements to command and control capabilities.
(4) Clarification on distribution of responsibilities and authorities within the CFT and the Office of the Secretary of Defense with respect to JADC2, and how the CFT and the Office of the Secretary of Defense are synchronizing and aligning with joint and military concepts, solutions, experimentation, and exercises.
(5) The status of and review of any recommendations for resource allocation necessary to achieve operational JADC2.
(6) A sufficiency assessment of planned funding across the future years defense program for the development of JADC2 capabilities.
(a) Resources To implement Department of Defense policy on civilian casualties in connection with United States military operations.—
(1) PURPOSE.—The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note).
(2) PERSONNEL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall do the following:
(A) Add to, and assign within, each of the United States Central Command, the United States Africa Command, the United States Special Operations Command, the United States European Command, the United States Southern Command, the United States Indo-Pacific Command, and the United States Northern Command not fewer than two personnel who shall have primary responsibility for the following in connection with military operations undertaken by such command:
(i) Providing guidance and oversight relating to prevention of and response to civilian casualties, promotion of observance of human rights, and the protection of civilians and civilian infrastructure.
(ii) Overseeing civilian casualty response functions on behalf of the commander of such command.
(iii) Receiving reports of civilian casualties and conduct of civilian casualty assessments.
(iv) Analyzing civilian casualty incidents and trends.
(v) Offering condolences for casualties, including ex gratia payments.
(vi) Ensuring the integration of activities relating to civilian casualty mitigation, protection of civilians, and promotion of observance of human rights in security cooperation activities.
(vii) Consulting with non-governmental organizations on civilian casualty and human rights matters.
(B) Add to, and assign within, the Office of the Under Secretary for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on civilian casualties resulting from United States military operations.
(C) Add to, and assign within, the Joint Staff not fewer than two personnel who shall have primary responsibility for the following:
(i) Overseeing implementation by the components of the Department of Defense of Department policy on civilian casualties resulting from United States military operations.
(ii) Developing and sharing in the implementation of such policy.
(iii) Communicating operational guidance on such policy.
(3) TRAINING, SOFTWARE, AND OTHER REQUIREMENTS.—
(A) IN GENERAL.—In each of fiscal years 2021 through 2023, the Secretary of Defense and each Secretary of a military department may obligate and expend, from amounts specified in subparagraph (B), not more than $5,000,000 for the following:
(i) Training related to civilian casualty mitigation and response.
(ii) Information technology equipment, support and maintenance, and data storage, in order to implement the policy of the Department related relating to civilian casualties resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.
(B) FUNDS.—The funds for a fiscal year specified in this subparagraph are funds as follows:
(i) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide.
(ii) In the case of a Secretary of a military department, amounts authorized to be appropriated for such fiscal year for operation and maintenance for the components of the Armed Forces under the jurisdiction of such Secretary.
(b) United States military operations defined.—In this section, the term “United States military operations” includes any mission, strike, engagement, raid, or incident involving United States Armed Forces.
It is the sense of Congress—
(1) to commend the Department of Defense for the measures it has implemented and is currently implementing to prevent, mitigate, track, investigate, learn from, respond to, and report civilian casualties resulting from United States military operations; and
(2) to agree with the Department that civilian casualties are a tragic and unavoidable part of war, and to recognize that the Department endeavors to conduct all military operations in compliance with the international law of armed conflict and the laws of the United States, including distinction, proportionality, and the requirement to take feasible precautions in planning and conducting operations to reduce the risk of harm to civilians and other protected persons and objects; and the protection of civilians and other protected persons and objects, in addition to a legal obligation and a strategic interest, is a moral and ethical imperative; that the Department has submitted to Congress three successive annual reports on civilian casualties resulting from United States military operations for calendar years 2017, 2018, and 2019, and has updated reports as appropriate; and to recognize the efforts of the Department, both in policy and in practice, to reduce the harm to civilians and other protected persons and objects resulting from United States military operations, and to encourage the Department to make additional progress in—
(A) developing at all combatant commands personnel and offices responsible for advising the commanders of such commands, and integrating into command strategy, the promotion of observance of human rights and the protection of civilians and other protected persons and objects;
(B) finalizing and implementing the policy of the Department relating to civilian casualties resulting from United States military operations, as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note);
(C) finalizing Department-wide regulations to implement section 1213 of the National Defense Authorization for Fiscal Year 2020 (Public Law 116–92) for ex gratia payments for damage, personal injury, or death that is incident to the use of force by the United States Armed Forces, a coalition that includes the United States, a military organization supporting the United States, or a military organization supporting the United States or such coalition; and
(D) professionalizing foreign partner forces to reduce civilian casualties, including in connection with train and equip programs, advise, assist, accompany, and enable missions, and fully combined and coalition operations.
(a) Prohibition.—Except as provided in subsection (b) the Secretary of Defense shall prohibit the public display of the Confederate battle flag at all Department of Defense property.
(b) Exceptions.—The prohibition under subsection (a) shall not apply to—
(1) a museum located on a Department of Defense installation that addresses the Civil War from a historical or educational perspective;
(2) an educational or historical display depicting a Civil War battle in which the Confederate battle flag is present, but not the main focus of the display;
(3) a State flag that incorporates the Confederate battle flag;
(4) a State-issued license plate with a depiction of the Confederate battle flag; or
(5) a grave site of a Confederate soldier.
(c) Definitions.—In this section:
(1) The term “Confederate battle flag” means the battle flag carried by Confederate armies during the Civil War.
(2) The term “Department of Defense property” means all installations, workplaces, common-access areas, and public areas of the Department of Defense, including—
(A) office buildings, facilities, naval vessels, aircraft, Government vehicles, hangars, ready rooms, conference rooms, individual offices, cubicles, storage rooms, tool and equipment rooms, workshops, break rooms, galleys, recreational areas, commissaries, Navy and Marine Corps exchanges, and heads;
(B) sensitive compartmented information facilities and other secure facilities;
(C) open-bay barracks and common areas of barracks and living quarters;
(D) all Department of Defense school houses and training facilities including, officer candidate school, the basic school, recruit training command, and recruiting offices;
(E) all areas of the Department of Defense in public or plain view, including outside areas, work office buildings, stores, or barracks, including parking lots;
(F) the front yard or external porch of Government-owned and Government-operated housing and public-private venture housing; and
(G) automobile bumper stickers, clothing, and other apparel that is located on or in any installation, workplace, common-access area, or public area of the Department of Defense.
(a) In general.—The Administrator of the Federal Aviation Administration, in consultation, as appropriate, with the Secretary of Defense and the heads of the military services, including the National Guard and Air National Guard, and other appropriate Federal agencies, shall initiate, not later than 180 days after the date of enactment of this Act, a program to enable public dissemination of information on—
(1) the real-time status of the activation or deactivation of military operations areas and restricted areas; and
(2) the reports submitted to the Administrator pursuant to section 73.19 of title 14, Code of Federal Regulations.
(1) IN GENERAL.—Not later than 1 year after the Administrator initiates the program required under subsection (a), and every year thereafter until such program is complete, the Administrator shall submit a status report to the appropriate committees of Congress on the implementation of such program.
(2) CONTENTS.—The report required under paragraph (1) shall contain, at a minimum—
(A) an update on the progress of the Administrator in modifying policies, systems, or equipment that may be necessary to enable the public dissemination of information on the real-time status of the activation or deactivation of military operations areas and restricted areas;
(B) a description of any challenges to completing the program initiated pursuant to subsection (a), including challenges in—
(i) receiving the timely and complete submissions of data concerning airspace usage;
(ii) modifying policies; and
(iii) acquiring necessary systems or equipment; and
(C) a timeline of the anticipated completion of the program and the modifications described in subparagraph (A).
(c) Utilization reports.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit a report to the appropriate committees of Congress—
(1) describing whether the Department of Defense has submitted the utilization reports required under section 73.19 of title 14, Code of Federal Regulations for the prior fiscal year, and, if so, to what extent such reports have been submitted; and
(2) providing, if the Secretary discovers that all such reports have not been submitted in a timely and complete manner—
(A) an explanation for the failure to submit any such reports in the manner prescribed by regulation; and
(B) a plan to ensure the timely and complete submission of all such reports.
(d) Policies.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit a report to the appropriate committees of Congress on special use airspace, including a review of the Federal Aviation Administration’s—
(1) policies and processes for establishing, reviewing, and revoking military operations areas and restricted areas; and
(2) administration, including release of, underutilized special use airspace.
(e) Definitions.—In this section:
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
(B) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.
(2) The term “underutilized”, with respect to a military operations area or restricted area, means such an area determined by the Administrator of the Federal Aviation Administrator to have had, during the 2 most recent consecutive fiscal years prior to the date of enactment of this Act, the number of hours actually utilized be less than 75 percent of the number of hours the area was activated, discounted for weather cancellations and delays, loss of use for reasons beyond the control of the Federal agency using the area, and other factors determined appropriate by the Administrator.
(a) Ensuring ability of absent uniformed services voters serving at diplomatic and consular posts To receive and transmit balloting materials.—In carrying out the Secretary’s duties as the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), the Secretary shall take such actions as may be necessary to ensure that an absent uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a diplomatic and consular post of the United States is able to receive and transmit balloting materials in the same manner and with the same rights and protections as an absent uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a military installation.
(b) Effective date.—This section shall apply with respect to elections held on or after the date of the enactment of this Act.
(a) In general.—The Secretary of Defense shall publish on an appropriate publicly available website of the Department of Defense a database of all casualties of members of the Armed Forces of the United States that occur during military operations that take place during 1990 or any subsequent year.
(b) Requirements.—The Secretary shall ensure that the database published under subsection (a) has the following capabilities:
(1) The capability of generating a machine readable report, to the extent practicable, through searches based on each, and any combination, of the casualty attributes.
(2) The capability of downloading individual records as the result of a search based on each, and any combination, of the casualty attributes.
(c) Next-of-Kin opt out.—The Secretary shall develop a mechanism under which the next-of-kin (as determined by the Secretary) of any individual whose information would be included in the database required under subsection (a) may elect to have such information excluded from the database.
(d) Casualty attributes.—In this section, the term “casualty attributes” means each of the following with respect to the casualty of a member of the Armed Forces:
(1) The conflict in which the casualty occurred.
(2) The country where the casualty occurred.
(3) The attributes of the member of the Armed Forces, including—
(A) service;
(B) component;
(C) name;
(D) rank;
(E) date of death; and
(F) any other information as determined by the Secretary.
(a) Notice and comment.—Before promulgating any service-wide or Department-wide final rule, statement, or determination relating to the limitation or prohibition of an ingredient in a food or beverage item provided to members of the Armed Forces by the Department of Defense (including an item provided through a commissary store, a dining facility on a military installation, or a military medical treatment facility), the Secretary of Defense shall—
(1) publish in the Federal Register a notice of the proposed rule, statement, or determination (in this section referred to as a “proposed action”); and
(2) provide interested persons an opportunity to submit public comments with respect to the proposed action.
(b) Matters To be included in notice.—The Secretary shall include in any notice published under subsection (a)(2) the following:
(1) A summary of the notice.
(2) The date of publication of the notice.
(3) The contact information for the office of the Department of Defense responsible for the proposed action.
(4) The deadline for comments to be submitted with respect to the proposed action and a description of the method to submit such comments.
(5) A description of the proposed action.
(6) Findings and a statement of reason supporting the proposed action.
(c) Waiver authority.—The Director of the Defense Logistics Agency may waive subsections (a) and (b) if the Director determines such waiver is necessary for military operations or for the response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), a medical emergency, or a pandemic.
(1) REPORTS.—On a quarterly basis, the Director of the Defense Logistics Agency shall submit to the congressional defense committees a report containing an identification of any waiver under subsection (c) issued or in effect during the quarter preceding submission of the report.
(2) MATTERS.—A report under paragraph (1) shall include, with respect to each waiver identified, the following:
(A) The date, time, and location of the issuance of such waiver.
(B) A detailed justification for the issuance of such waiver.
(C) An identification of the rule, statement, or determination for which the Director issued such waiver, including the proposed duration of such rule, statement, or determination.
(a) Sense of Congress.—It is the sense of Congress that the United States Government should support activities in space by—
(1) ensuring robust, innovative, and increasingly capable civil and national security space programs;
(2) supporting effective and stable space partnerships with allies of the United States;
(3) leveraging, to the greatest extent practicable and appropriate, commercial space capabilities; and
(4) ensuring freedom of navigation and providing measures to assure the supply chain related to such space assets and manufacturing processes of such assets.
(b) Strategy required.—Not later than 270 days after the date of the enactment of this Act, the President, in consultation with the National Space Council, shall develop and maintain a strategy to ensure that the United States, as appropriate, strengthens civil and national security capabilities and operations in space through—
(1) challenging and inspiring civil space goals and programs;
(2) partnerships with allies of the United States;
(3) leveraging of commercial space capabilities;
(4) ensuring supply chain and manufacturing processes for space assets;
(5) sustaining a highly skilled, world-class workforce; and
(6) considering the financial security and cybersecurity concerns threatening commercial and Federal Government launch sites of the United States.
(c) Submission of strategy and plan.—Not later than 1 year after the date of the enactment of this Act, the Chair of the National Space Council, in consultation with relevant departments and agencies of the Federal Government, shall submit to the appropriate congressional committees a report setting forth—
(1) the strategy under subsection (b); and
(2) a plan to implement the strategy, including to—
(A) ensure the freedom of navigation of space assets and protect the supply chain relating to such assets and manufacturing process of such assets from threats from China, Russia, Iran, and North Korea, which may include protection from intellectual property theft and threats with respect to electronic warfare capabilities;
(B) identify capabilities required to ensure civil and national security space leadership;
(C) provide contingency and resiliency for civil and national security space operations; and
(D) strengthen relations with the allies of the United States with respect to space.
(1) ASSESSMENT AND REPORT REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence and the Administrator of the National Aeronautics and Space Administration, shall submit to the appropriate congressional committees a report that includes—
(A) an assessment of the capabilities and role of relevant departments and agencies of the Federal Government to—
(i) ensure access to launch, communications, and freedom of navigation and other relevant infrastructure and services for civil and national security space programs and activities; and
(ii) identify vulnerabilities that could affect access to space infrastructure; and
(iii) address financial security and cybersecurity concerns threatening commercial and Federal Government launch sites of the United States; and
(B) recommendations and costs to improve the capabilities assessed pursuant to subparagraph (A), including recommendations with respect to—
(i) the electronic warfare capabilities of China, Russia, Iran, and North Korea; and
(ii) the use of counterspace weapons and cyber attacks by China, Russia, Iran, and North Korea.
(2) FORM.—The report under paragraph (1) may include a classified annex.
(e) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committee on Armed Services of the House of Representatives;
(B) the Committee on Science, Space, and Technology of the House of Representatives;
(C) the Committee on Foreign Affairs of the House of Representatives;
(D) the Committee on Energy and Commerce of the House of Representatives;
(E) the Permanent Select Committee on Intelligence of the House of Representatives;
(F) the Committee on Armed Services of the Senate;
(G) the Committee on Foreign Relations of the Senate;
(H) the Committee on Commerce, Science, and Transportation of the Senate; and
(I) the Select Committee on Intelligence of the Senate.
(2) The term “launch site” has the meaning given that term under section 50902 of title 51, United States Code.
For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals of the United States.
It is the sense of Congress that—
(1) a secure nuclear fuel supply chain is essential to the economic and national security of the United States;
(2) the Government of the Russian Federation uses its control over energy resources, including in the civil nuclear sector, to exert political influence and create economic dependency in other countries;
(3) the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (commonly referred to as the “Russian Suspension Agreement”), which limits imports of Russian uranium to 20 percent of the market share, is vital to averting American dependence on Russian energy;
(A) expeditiously complete negotiation of an extension of the Russian Suspension Agreement to cap the market share for Russian uranium at 20 percent or lower; or
(B) if an agreement to extend the Russian Suspension Agreement cannot be reached, complete the antidumping investigation under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to imports of uranium from the Russian Federation—
(i) to avoid unfair trade in uranium and maintain a nuclear fuel supply chain in the United States, consistent with the national security and nonproliferation goals of the United States; and
(ii) to protect the United States nuclear fuel supply chain from the continued manipulation of the global and United States uranium markets by the Russian Federation and Russian-influenced competitors;
(5) a renegotiated, long-term extension of the Russian Suspension Agreement can prevent adversaries of the United States from monopolizing the nuclear fuel supply chain;
(6) as was done in 2008, upon completion of a new negotiated long-term extension of the Russian Suspension Agreement, Congress should enact legislation to codify the terms of extension into law to ensure long-term stability for the domestic nuclear fuel supply chain; and
(7) if the negotiations to extend the Russian Suspension Agreement prove unsuccessful, Congress should be prepared to enact legislation to prevent the manipulation by the Russian Federation of global uranium markets and potential domination by the Russian Federation of the United States uranium market.
(1) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, may authorize—
(A) the establishment of a Movement Coordination Center Pacific (in this section referred to as the “Center”); and
(B) participation of the Department of Defense in an Air Transport and Air-to-Air refueling and other Exchanges of Services program (in this section referred to as the “ATARES program”) of the Center.
(2) SCOPE OF PARTICIPATION.—Participation in the ATARES program under paragraph (1)(B) shall be limited to the reciprocal exchange or transfer of air transportation and air refueling services on a reimbursable basis or by replacement-in-kind or the exchange of air transportation or air refueling services of an equal value with foreign militaries.
(3) LIMITATIONS.—The Department of Defense’s balance of executed transportation hours, whether as credits or debits, in participation in the ATARES program under paragraph (1)(B) may not exceed 500 hours. The Department of Defense’s balance of executed flight hours for air refueling in the ATARES program under paragraph (1)(B) may not exceed 200 hours.
(b) Written arrangement or agreement.—
(1) ARRANGEMENT OR AGREEMENT REQUIRED.—The participation of the Department of Defense in the ATARES or exchange like program under subsection (a) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State.
(2) FUNDING ARRANGEMENTS.—If Department of Defense facilities, equipment, or funds are used to support the ATARES program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing or other funding arrangement.
(3) OTHER ELEMENTS.—Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits and liabilities resulting from an unequal exchange or transfer of air transportation or air refueling services shall be liquidated, not less than once every 5 years, through the ATARES program.
(c) Implementation.—In carrying out any written arrangement or agreement entered into under subsection (b), the Secretary of Defense may—
(1) pay the Department of Defense’s equitable share of the operating expenses of the Center and the ATARES program from funds available to the Department of Defense for operation and maintenance; and
(2) assign members of the Armed Forces or Department of Defense civilian personnel, within billets authorized for the United States Indo-Pacific Command, to duty at the Center as necessary to fulfill the Department of Defense obligations under that arrangement or agreement.
(d) Report.—Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that contains—
(1) a summary of the coordination structure of the center and program, and details related to its formation and implementation;
(2) list of the military services, by country, participating or seeking to participate in the program;
(3) for each country on the list under paragraph (2), a description of completed agreements and those still to be completed with host nations, as applicable; and
(4) any other relevant matters that the Secretary determines should be included.
(a) Establishment of vetting procedures.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish procedures to vet covered individuals for eligibility for physical access to Department of Defense installations and facilities within the United States.
(2) CRITERIA FOR PROCEDURES.—The procedures established under paragraph (1) shall include biographic and biometric screening of covered individuals, continuous review of whether covered individuals should continue to be authorized for physical access, biographic checks of the immediate family members of covered individuals, and any other measures that the Secretary determines appropriate for vetting.
(3) COLLECTION OF INFORMATION.—The Secretary shall—
(A) collect the information required to vet individuals under the procedures established under this subsection;
(B) as required for the effective implementation of this section, seek to enter into agreements with the relevant departments and agencies of the United States to facilitate the sharing of information in the possession of such departments and agencies concerning covered individuals; and
(C) ensure that the initial vetting of covered individuals is conducted as early and promptly as practicable, to minimize disruptions to United States programs to train foreign military students.
(1) REVIEW OF VETTING RESULTS.—The Secretary shall assign to an organization within the Department with responsibility for security and counterintelligence the responsibility of—
(A) reviewing the results of the vetting of a covered individual conducted under subsection (a); and
(B) making a recommendation regarding whether such individual should be given physical access to a Department of Defense installation or facility.
(2) NEGATIVE RECOMMENDATION.—If the recommendation with respect to a covered individual under paragraph (1)(B) is that the individual should not be given physical access to a Department of Defense installation or facility—
(A) such individual may only be given such access if such access is authorized by the Secretary of Defense or the Deputy Secretary of Defense; and
(B) the Secretary of Defense shall ensure that the Secretary of State is promptly provided with notification of such recommendation.
(c) Additional security measures.—
(1) SECURITY MEASURES REQUIRED.—The Secretary of Defense shall ensure that—
(A) all Department of Defense common access cards issued to foreign nationals in the United States comply with the credentialing standards issued by the Office of Personnel Management;
(B) all such common access cards issued to foreign nationals in the United States include a visual indicator as required by the standard developed by the Department of Commerce National Institute of Standards and Technology;
(C) physical access by covered individuals is limited, as appropriate, to those Department of Defense installations or facilities within the United States directly associated with the training or education or necessary for such individuals to access authorized benefits;
(D) a policy is in place covering possession of firearms on Department of Defense property by covered individuals;
(E) covered individuals who have been granted physical access to Department of Defense installations and facilities are incorporated into the Insider Threat Program of the Department of Defense; and
(F) covered individuals are prohibited from transporting, possessing, storing, or using personally owned firearms on Department of Defense installations or property consistent with the Secretary of Defense policy memorandum dated January 16, 2020.
(2) EFFECTIVE DATE.—The security measures required under paragraph (1) shall take effect on the date that is 181 days after the date of the enactment of this Act.
(3) NOTIFICATION REQUIRED.—Upon the establishment of the security measures required under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of the establishment of such security measures.
(1) BRIEFING REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representative a briefing on the establishment of any policy or guidance related to the implementation of this section.
(2) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense shall submit to such committees a report on the implementation and effects of this section. Such report shall include a description of—
(A) any positive or negative effects on the training of foreign military students as a result of this section;
(B) the effectiveness of the vetting procedures implemented pursuant to this section in preventing harm to members of the Armed Forces and United States persons;
(C) any mitigation strategies used to address any negative effects of the implementation of this section; and
(D) a proposed plan to mitigate any ongoing negative effects to the vetting and training of foreign military students by the Department of Defense.
(3) REPORT BY COMPTROLLER GENERAL.—Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress an unclassified report (which may contain a classified annex) on the safety and security of United States personnel and international students assigned to United States military bases participating in programs authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to international military education and training), particularly with respect to whether—
(A) relevant United States diplomatic and consular personnel properly vet foreign personnel participating in such programs and entering such bases;
(B) existing screening protocols with respect to such vetting include counter-terrorism screening and are sufficiently effective at ensuring the safety and security of United States personnel and international students assigned to such bases; and
(C) whether existing screening protocols with respect to such vetting are in compliance with applicable requirements of section 362 of title 10, United States Code, and sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d).
(e) Vetting procedures review for Department of State regional and country strategies.—The Secretary of State shall ensure that any comprehensive regional strategy, such as a joint regional strategy or its equivalent, and any country strategy, such as an integrated country strategy or its equivalent, that is produced by the Department of State during the 8-year period beginning on the date that is 2 years after the date of the enactment of this Act, and each successor strategy to such strategy during such 8-year period, shall integrate a review of vetting procedures for diplomatic visas that includes—
(1) an evaluation of the vetting procedures of diplomatic and consular posts for issuing visas to diplomats and government officials;
(2) an analysis of the frequency and regularity of the review of such procedures;
(3) a description of the methods and resources used to vet applications for diplomatic visas;
(4) a description of the methodologies employed for ensuring any such diplomatic visas issued for purposes of security assistance (as such term is defined for purposes of section 502B of the Foreign Assistance Act of 1961) are vetted in compliance with applicable requirements of section 362 of title 10, United States Code, and sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d); and
(5) a description of the methods and resources used to conduct recurring reviews of individuals remaining in the United States for more than one year from the date of the issuance of a visa, and recurring reviews of individuals entering the United States on a multi-entry visa over a period of time longer than 1 year.
(f) Definitions.—In this section:
(1) The term “covered individual” means any foreign national (except foreign nationals of Australia, Canada, New Zealand, and the United Kingdom who have been granted a security clearance that is reciprocally accepted by the United States for access to classified information) who—
(A) is seeking physical access to a Department of Defense installation or facility within the United States; and
(i) selected, nominated, or accepted for training or education for a period of more than 14 days occurring on a Department of Defense installation or facility within the United States; or
(ii) an immediate family member accompanying any foreign national who has been selected, nominated, or accepted for such training or education.
(2) The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and Guam.
(3) The term “immediate family member” with respect to any individual means the parent, step-parent, sibling, step-sibling, half-sibling, child, or step-child of the individual.
(a) Sense of Congress.—It is the sense of Congress that $15,000,000 annually is an appropriate allocation of funding to be made available for activities consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and with any guidance specified in this section, in order to fully implement such Act and in furtherance of the national security priorities of the United States.
(b) In general.—During the period beginning on the date of the enactment of this Act and ending on September 30, 2025, the Secretary of Defense shall carry out activities consistent with the Women, Peace, and Security Act of 2017 and with the guidance specified in this section, including by carrying out—
(1) any Defense-wide directives and programs that advance the implementation of the Women, Peace, and Security Act of 2017, including directives relating to military doctrine, programs that are applicable across the Department, and programs that are specific to a combatant command;
(2) the hiring and training of full-time equivalent personnel as gender advisors of the Department;
(3) the integration of gender analysis into training for military personnel across ranks, to include special emphasis on senior level training and support for women, peace, and security; and
(4) security cooperation activities that further implement the Women, Peace, and Security Act of 2017.
(c) Security cooperation activities.—Consistent with the Women, Peace, and Security Act of 2017, the Secretary of Defense, in coordination with the Secretary of State, shall incorporate gender analysis and participation by women into security cooperation activities conducted with the national security forces of foreign countries pursuant to subsection (b)(4), including by—
(1) incorporating gender analysis (including data disaggregated by sex) and priorities for women, peace, and security into educational, training, and capacity-building materials and programs, including as authorized by section 333 of title 10, United States Code;
(2) advancing and advising on the recruitment, employment, development, retention, and promotion of women in the national security forces of such foreign countries, including by—
(A) identifying available military career opportunities for women;
(B) promoting such career opportunities among women and girls;
(C) promoting the skills necessary for such careers;
(D) encouraging the interest of women and girls in such careers, including by highlighting as role models women in such careers in the United States or in applicable foreign countries; and
(E) advising on best practices to prevent the harassment and abuse of women serving in the national security forces of such foreign countries;
(3) incorporating training and advising to address sexual harassment and abuse against women within such national security forces;
(4) integrating gender analysis into policy and planning;
(5) ensuring any infrastructure constructed pursuant to the security cooperation activity addresses the requirements of women serving in such national security forces, including by addressing appropriate equipment; and
(6) including Department of Defense personnel who are women in security cooperation activities of the United States conducted abroad.
(d) Partner country assessments.—The Secretary of Defense shall include in any partner country assessment conducted in the course of carrying out security cooperation activities specified in subsection (b)(4) consideration of any barriers or opportunities with respect to women in the national security forces of such partner countries, including any barriers or opportunities relating to—
(1) protections against exploitation, abuse, and harassment; or
(2) recruitment, employment, development, retention, or promotion of the women.
(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of State—
(A) shall direct and carry out a pilot program to conduct partner country assessments referred to in subsection (d) on barriers to the participation of women in the national security forces of participating partner countries (in this subsection referred to as a “pilot barrier assessment”);
(B) in carrying out such pilot program, shall seek to enter into contracts with nonprofit organizations or federally funded research and development centers independent of the Department of Defense for the purpose of conducting the pilot barrier assessments; and
(C) after a pilot barrier assessment is conducted, shall—
(i) review the methods of research and analysis used by any entity contracted with pursuant to subparagraph (B) in conducting such assessment and identify lessons learned from the review; and
(ii) assess the ability of the Department of Defense to conduct future pilot barrier assessments without entering into a contract pursuant to subparagraph (B), including by assessing potential costs and benefits for the Department that may arise from conducting such future assessments.
(A) IN GENERAL.—The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country from within the geographic area of responsibility of each geographic combatant command for participation in the pilot program.
(B) CONSIDERATION.—In making the selection under subparagraph (A), the demonstrated political commitment of the partner country to increasing the participation of women in the security sector and the national security priorities and theater campaign strategies of the United States shall be considered.
(3) PILOT BARRIER ASSESSMENT.—A pilot barrier assessment under this subsection shall be—
(A) adapted to the local context of the partner country being assessed;
(B) conducted in collaboration with the security sector of the partner country being assessed; and
(C) based on tested methodologies.
(A) IN GENERAL.—The Secretary of Defense should use findings from each pilot barrier assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed. Such activities and interventions shall substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities).
(B) MODEL METHODOLOGY.—The Secretary of Defense, in coordination with the Secretary of State, shall develop a model barrier assessment methodology from the findings of the pilot program for use across the geographic combatant commands.
(5) REPORTS ON PILOT PROGRAM.—
(A) INITIAL REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection, including an identification of the partner counties selected for participation in the program and the justifications for such selections.
(B) UPDATE TO REPORT.—Not later than 2 years after the date on which the initial report under subparagraph (A) is submitted, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress an update to the initial report.
(C) REPORT ON METHODOLOGY.—On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (4)(B).
(f) Building United States capacity.—
(1) MILITARY SERVICE ACADEMIES.—Consistent with subsection (c)(6), the Secretary of Defense shall make every effort to encourage the admission of diverse individuals (including individuals who are women) to each military service academy, including by—
(A) establishing programs that hold commanding officers accountable for removing biases with respect to such individuals;
(B) ensuring that each military service academy fosters a zero tolerance environment for harassment towards such individuals; and
(C) ensuring that each military service academy fosters equal opportunities for growth that enable the full participation of such individuals in all training programs, career tracks, and elements of the Department, especially in elements of the Armed Forces previously closed to women, such as infantry and special operations forces.
(2) PARTNERSHIPS WITH SCHOOLS AND NONPROFIT ORGANIZATIONS.—The Secretary of Defense shall make every effort to enter into partnerships with elementary schools, secondary schools, postsecondary educational institutions, and nonprofit organizations, to support activities relating to the implementation of the Women, Peace, and Security Act of 2017.
(g) Standardization of policies.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a process to standardize policies relating to women, peace, and security across the Department of Defense.
(2) ROLES, RESPONSIBILITIES, AND REQUIREMENTS.—In carrying out the process initiated under paragraph (1), the Secretary shall establish roles, responsibilities, and requirements for gender advisors, gender focal points, and women, peace, and security subject matter experts, including with respect to commander and senior official-level engagement and support for women, peace, and security commitments.
(h) Department education, and training.—The Secretary of Defense shall—
(1) integrate gender analysis into relevant training for all members of the Armed Forces and civilian employees of the Department of Defense;
(2) develop standardized training, across the Department, for gender advisors, gender focal points, and women, peace, and security subject matter experts;
(3) ensure that gender analysis and the meaningful participation of women and their relationship to security outcomes is addressed in professional military education curriculum; and
(4) build the capacity of the Department to conduct the partner country assessments referred to in subsection (d).
(i) Briefing.—Not later than 1 year after the date of the enactment of this Act, the Director of the Defense Security Cooperation Agency shall provide a briefing to the appropriate committees of Congress on the efforts to build partner defense institution and security force capacity pursuant to this section.
(j) Reports.—During the period beginning on the date of the enactment and ending on January 1, 2025, on a basis that is not less frequently than annually, the Secretary of Defense shall submit to the appropriate committees of Congress reports on the steps the Department has taken to implement the Women, Peace, and Security Act of 2017, including with respect to activities carried out under this section.
(k) Definitions.—In this section:
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) The term “gender analysis” has the meaning given that term in the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428; 132 Stat. 5509).
(3) The terms “elementary school” and “secondary school” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) The term “postsecondary educational institution” has the meaning given that term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(a) In general.—The Secretary of Homeland Security shall coordinate with the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, and the heads of other relevant Federal departments and agencies—
(1) to identify categories of homeland security-critical supplies that would be needed to address potential national emergencies or disasters, including any public health emergency, act of terrorism (as defined in section 3077 of title 18, United States Code), cyber attack, and other attack;
(2) to develop plans, designs, and guidance relating to the production, in accordance with other applicable law, of the categories of homeland security-critical supplies identified pursuant to paragraph (1) to address the respective national emergencies and disasters, including such production by nontraditional manufacturers; and
(3) based on such final plans, designs, and guidance, to enter into such contingent arrangements with governmental and private entities, in accordance with other applicable law, as may be necessary to expedite the production of homeland security-critical supplies in the event of a national emergency or disaster.
(b) Process.—In coordinating the development or revision of a plan, design, or guidance with respect to any homeland security-critical supply under this section:
(1) The Secretary of Homeland Security shall give each Federal department or agency with responsibility for regulating the supply an opportunity—
(A) to contribute to the development or revision of the plan, design, or guidance; and
(B) to approve or disapprove the plan, design, or guidance under regulations appropriate to approving the supply for emergency or disaster use.
(2) If a Federal department or agency with responsibility for regulating the homeland security-critical supply disapproves of the plan, design, or guidance with respect to the supply, the head of the disapproving department or agency shall provide to the Secretary of Homeland Security the rationale for the disapproval.
(3) The Secretary of Homeland Security may—
(A) if no Federal department or agency disapproves a plan, design, or guidance as described in paragraphs (1)(B) and (2), finalize the plan, design, or guidance for purposes of subsections (a)(3) and (c); and
(B) if a Federal department or agency does disapprove a plan, design, or guidance as described in paragraphs (1)(B) and (2), provide an updated plan, design, or guidance for review and approval or disapproval in accordance with paragraphs (1) and (2).
(c) Public posting.—The Secretary of Homeland Security shall publish each final plan, design, or guidance that is developed under this section on a public Internet website, except that the Secretary may withhold publication of, or redact information from the publication of, a plan, design, or guidance if—
(1) publicly posting the information would not be in the interest of homeland security;
(2) the information is protected from public disclosure by other applicable law; or
(3) the information is protected from public disclosure by contract.
(d) Relation to other law.—Nothing in this section shall be construed to expand, repeal, limit, or otherwise affect the provisions of other applicable law pertaining to the regulation of a homeland security-critical supply.
(e) Biennial review.—Not less than every 2 years, in accordance with subsections (a) through (e), the Secretary of Homeland Security shall coordinate the review and, as needed, revision of each plan, design, and guidance in effect under this section.
(f) Definition.—In this section:
(1) The term “homeland security-critical supply”—
(A) means any supply needed to ensure public safety and welfare during—
(i) a national emergency or disaster, including any public health emergency, act of terrorism (as defined in section 3077 of title 18, United States Code), cyber attack, and other attack; or
(ii) any other reasonably foreseeable contingency of grave consequence to the United States during which shortages are reasonably anticipated; and
(B) includes a vaccine, a medication, medical equipment, and personal protective equipment.
(2) The term “nontraditional manufacturer” may include (as determined by the Secretary)—
(A) a home craftsperson;
(B) a distiller;
(C) a cosmetic manufacturer;
(D) a manufacturing facility primarily designed for an industry other than manufacturing homeland security-critical supplies;
(E) an institution of higher education;
(F) an advanced manufacturing facility;
(G) a machine shop; and
(H) a research laboratory.
(a) Establishment.—The Secretary of Defense, acting through the Director of the Defense Logistics Agency, shall establish a reserve, to be known as the “Western Emergency Refined Petroleum Products Reserve” (in this section referred to as the “Reserve”), to store refined petroleum products that may be made available to military and governmental entities during an emergency situation, as determined appropriate by the Secretary of Defense.
(b) Use of reserve.—In accordance with subsection (a), the Secretary of Defense may make refined petroleum products stored in the Reserve available to other Federal agencies, State and local governments, and any other public entity determined appropriate by the Secretary of Defense.
(c) Reimbursement.—The Secretary of Defense shall require reimbursement for associated costs for storage capacity or refined petroleum products made available to other Federal agencies, State or local governments, or any other public entity pursuant to this section.
(d) Location.—The Reserve shall—
(1) be located in the western region of the United States;
(2) utilize salt cavern storage; and
(3) be in immediate proximity to existing pipeline, rail, and highway infrastructure.
(e) Condition on commencement.—Commencement of the program shall be subject to the availability of appropriations for the program.
(a) In general.—Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following:
Ҥ 1605C. Computer intrusions by a foreign state
“A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state:
“(1) Unauthorized access to or access exceeding authorization to a computer located in the United States.
“(2) Unauthorized access to confidential, electronic stored information located in the United States.
“(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization.
“(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3).
“(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.”.
(b) Clerical amendment.—The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following:
“1605C. Computer intrusions by a foreign state.”.
(c) Application.—This section and the amendments made by this section shall apply to any action pending on or filed on or after the date of the enactment of this Act.
(a) In general.—Notwithstanding any other provision of law, for the period described in subsection (b), a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) may engage in online or distance education classes or programs that are determined necessary by an institution or program described in such subparagraph for the protection of health and safety, and such classes or programs shall count towards the requirement to pursue a full course of study to maintain nonimmigrant status.
(b) Period described.—The period described in this section—
(1) begins on March 13, 2020; and
(2) ends on the date that is the later of—
(A) June 30, 2021; or
(B) the date that is 90 days after the date on which the public health emergency declared with respect to COVID–19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) is terminated.
(a) Agreement.—Beginning on the date that is 180 days after the date on which the Secretary submits the report required by subsection (c)(1), the Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo, California, under which the city of Vallejo shall transfer to the Secretary all right, title, and interest in the Mare Island Naval Cemetery in Vallejo, California, at no cost to the Secretary. The Secretary shall seek to enter into such agreement before the date that is 1 year after the date on which such report is submitted.
(b) Maintenance by National Cemetery Administration.—If the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery as a national shrine.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of exercising the authority granted by subsection (a).
(2) CONTENTS.—The report submitted under paragraph (1) shall include the following:
(A) An assessment of the feasibility and advisability of exercising the authority granted by subsection (a).
(B) An estimate of the costs, including both direct and indirect costs, that the Department of Veterans Affairs would incur by exercising such authority.
(a) In general.—The Secretary of Defense shall take the following actions to mitigate helicopter noise and to receive, track, and analyze complaints on an ongoing basis from individuals in the National Capital Region:
(1) Develop a noise inquiry website, to assist in directing mitigation efforts toward concentrated areas of inquiry, that is based off of the websites of the Ronald Reagan Washington National Airport and the Dulles International Airport. Such website shall—
(A) provide a form to collect inquiry information;
(B) geo-tag the location of the inquiry to an exportable map;
(C) export information to an Excel spreadsheet; and
(D) send an email response to the individual making the inquiry.
(2) Establish a helicopter noise abatement working group led by the Department of Defense to collect, correlate, and identify trends associated with helicopter noise within the National Capital Region, with officials of the Department of Defense and the Federal Aviation Administration in attendance. The working group shall recommend procedural changes to mitigate the impact of helicopter noise on the community only to the extent consistent with aviation safety and airspace efficiency and while sustaining aircrew readiness, training, and mission support.
(b) Definition of National Capital Region.—In this section, the term “National Capital Region” has the meaning given the term in section 2574 of title 10, United States Code.
Section 2564 of title 10, United States Code, is amended—
(1) in subsection (a), by inserting “the Paralympics,” after “the Olympics,”; and
(A) in the subsection heading, by striking “Inapplicability to” and inserting “Support of”;
(B) by striking “Subsections (a) and (b) do not apply to” and inserting “The Secretary of Defense may authorize technical, contracting, and specialized equipment support to”;
(C) in paragraph (4), by inserting “and Paralympic” after “Olympic”; and
(D) in paragraph (5)(A)(iii), by inserting “and Paralympic” after “Olympic”.
(a) In general.—The Secretary of the Army in consultation with Administrator of the General Services Administration and Assistant Secretary of Defense for Sustainment shall establish a pilot program for developing an online real estate tool of existing inventory of space available at Army installations.
(b) Purpose.—The purpose of the online inventory tool is to—
(1) achieve efficiencies in real estate property management consistent with the National Defense Strategy goal of finding greater efficiencies within the Department of Defense operations;
(2) provide a public tool to better market space available at Army installations for better utilization of existing space; and
(3) provide a tool to better quantify existing space and how it is utilize for current missions and requirements.
(c) Considerations.—The Secretary of the Army shall consider—
(1) innovative approaches to establishing this pilot program including use of other transaction authorities consistent with section 2371 of title 10, United States Code, as well as use of commercial off-the-shelf technologies;
(2) developing appropriate protections of sensitive or classified information from being included with the online inventory tool; and
(3) developing appropriate levels of access for private sector users of the system.
(d) Establishment of policy.—After the pilot program has been established and locations identified, the Secretary of the Army shall develop policy requiring the use of the system described in subsection (a) to query for existing inventory before any military construction or off-post leases are agreed to. The Secretary of the Army shall ensure that all relevant notifications to congressional defense committees include certification that the system in subsection (a) was queried.
(e) Rule of construction.—Nothing in this section shall be construed to effect the application of title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
(a) Establishment.—Section 15301(a) of title 40, United States Code, is amended by adding at the end the following:
“(4) The Southern New England Regional Commission.”.
(1) IN GENERAL.—Subchapter II of chapter 157 of such title is amended by adding at the end the following:
Ҥ 15734. Southern New England Regional Commission
“The region of the Southern New England Regional Commission shall include the following counties:
“(1) RHODE ISLAND.—The counties of Providence, Washington, Newport, and Bristol in the State of Rhode Island.
“(2) CONNECTICUT.—The counties of Hartford, New Haven, and New London in the State of Connecticut.
“(3) MASSACHUSETTS.—The counties of Hampden and Bristol in the State of Massachusetts.”.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The analysis for Subchapter II of chapter 157 of such title is amended by adding at the end the following:
“15734. Southern New England Regional Commission.”.
(c) Authorization of appropriations.—The authorization of appropriations in section 15751 of title 40, United States Code, shall apply with respect to the Southern New England Regional Commission beginning with fiscal year 2021.
(a) Short title.—This section may be cited as the “Federal Risk and Authorization Management Program Authorization Act of 2020” or the “FedRAMP Authorization Act”.
(b) Codification of the FedRAMP program.—
(1) AMENDMENT.—Chapter 36 of title 44, United States Code, is amended by adding at the end the following new sections:
“(a) Establishment.—There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator of General Services, in accordance with the guidelines established pursuant to section 3612, shall establish a governmentwide program that provides the authoritative standardized approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies.
“(b) Components of fedramp.—The Joint Authorization Board and the FedRAMP Program Management Office are established as components of FedRAMP.
“(1) ROLES AND RESPONSIBILITIES.—The Administrator of General Services shall—
“(A) determine the categories and characteristics of cloud computing information technology goods or services that are within the jurisdiction of FedRAMP and that require FedRAMP authorization from the Joint Authorization Board or the FedRAMP Program Management Office;
“(B) develop, coordinate, and implement a process for the FedRAMP Program Management Office, the Joint Authorization Board, and agencies to review security assessments of cloud computing services pursuant to subsections (b) and (c) of section 3611, and appropriate oversight of continuous monitoring of cloud computing services; and
“(C) ensure the continuous improvement of FedRAMP.
“(2) IMPLEMENTATION.—The Administrator shall oversee the implementation of FedRAMP, including—
“(A) appointing a Program Director to oversee the FedRAMP Program Management Office;
“(B) hiring professional staff as may be necessary for the effective operation of the FedRAMP Program Management Office, and such other activities as are essential to properly perform critical functions;
“(C) entering into interagency agreements to detail personnel on a reimbursable or non-reimbursable basis to assist the FedRAMP Program Management Office and the Joint Authorization Board in discharging the responsibilities of the Office under this section; and
“(D) such other actions as the Administrator may determine necessary to carry out this section.
“(b) Duties.—The FedRAMP Program Management Office shall have the following duties:
“(1) Provide guidance to independent assessment organizations, validate the independent assessments, and apply the requirements and guidelines adopted in section 3609(c)(5).
“(2) Oversee and issue guidelines regarding the qualifications, roles, and responsibilities of independent assessment organizations.
“(3) Develop templates and other materials to support the Joint Authorization Board and agencies in the authorization of cloud computing services to increase the speed, effectiveness, and transparency of the authorization process, consistent with standards defined by the National Institute of Standards and Technology.
“(4) Establish and maintain a public comment process for proposed guidance before the issuance of such guidance by FedRAMP.
“(5) Issue FedRAMP authorization for any authorizations to operate issued by an agency that meets the requirements and guidelines described in paragraph (1).
“(6) Establish frameworks for agencies to use authorization packages processed by the FedRAMP Program Management Office and Joint Authorization Board.
“(7) Coordinate with the Secretary of Defense and the Secretary of Homeland Security to establish a framework for continuous monitoring and reporting required of agencies pursuant to section 3553.
“(8) Establish a centralized and secure repository to collect and share necessary data, including security authorization packages, from the Joint Authorization Board and agencies to enable better sharing and reuse to such packages across agencies.
“(c) Evaluation of automation procedures.—
“(1) IN GENERAL.—The FedRAMP Program Management Office shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of provisional authorizations to operate issued by the Joint Authorization Board and FedRAMP authorizations, including continuous monitoring of cloud environments and among cloud environments.
“(2) MEANS FOR AUTOMATION.—Not later than 1 year after the date of the enactment of this section and updated annually thereafter, the FedRAMP Program Management Office shall establish a means for the automation of security assessments and reviews.
“(d) Metrics for authorization.—The FedRAMP Program Management Office shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden.
“(a) Establishment.—There is established the Joint Authorization Board which shall consist of cloud computing experts, appointed by the Director in consultation with the Administrator, from each of the following:
“(1) The Department of Defense.
“(2) The Department of Homeland Security.
“(3) The General Services Administration.
“(4) Such other agencies as determined by the Director, in consultation with the Administrator.
“(b) Issuance of provisional authorizations To operate.—The Joint Authorization Board shall conduct security assessments of cloud computing services and issue provisional authorizations to operate to cloud service providers that meet FedRAMP security guidelines set forth in section 3608(b)(1).
“(c) Duties.—The Joint Authorization Board shall—
“(1) develop and make publicly available on a website, determined by the Administrator, criteria for prioritizing and selecting cloud computing services to be assessed by the Joint Authorization Board;
“(2) provide regular updates on the status of any cloud computing service during the assessment and authorization process of the Joint Authorization Board;
“(3) review and validate cloud computing services and independent assessment organization security packages or any documentation determined to be necessary by the Joint Authorization Board to evaluate the system security of a cloud computing service;
“(4) in consultation with the FedRAMP Program Management Office, serve as a resource for best practices to accelerate the FedRAMP process;
“(5) establish requirements and guidelines for security assessments of cloud computing services, consistent with standards defined by the National Institute of Standards and Technology, to be used by the Joint Authorization Board and agencies;
“(6) perform such other roles and responsibilities as the Administrator may assign, in consultation with the FedRAMP Program Management Office and members of the Joint Authorization Board; and
“(7) establish metrics and goals for reviews and activities associated with issuing provisional authorizations to operate and provide to the FedRAMP Program Management Office.
“(d) Determinations of demand for cloud computing services.—The Joint Authorization Board shall consult with the Chief Information Officers Council established in section 3603 to establish a process for prioritizing and accepting the cloud computing services to be granted a provisional authorization to operate through the Joint Authorization Board, which shall be made available on a public website.
“(e) Detail of personnel.—To assist the Joint Authorization Board in discharging the responsibilities under this section, personnel of agencies may be detailed to the Joint Authorization Board for the performance of duties described under subsection (c).
“(a) Requirements for accreditation.—The Joint Authorization Board shall determine the requirements for certification of independent assessment organizations pursuant to section 3609. Such requirements may include developing or requiring certification programs for individuals employed by the independent assessment organizations who lead FedRAMP assessment teams.
“(b) Assessment.—Accredited independent assessment organizations may assess, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers.
“(a) In general.—In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3612—
“(1) create policies to ensure cloud computing services used by the agency meet FedRAMP security requirements and other risk-based performance requirements as defined by the Director;
“(2) issue agency-specific authorizations to operate for cloud computing services in compliance with section 3554;
“(3) confirm whether there is a provisional authorization to operate in the cloud security repository established under section 3608(b)(10) issued by the Joint Authorization Board or a FedRAMP authorization issued by the FedRAMP Program Management Office before beginning an agency authorization for a cloud computing product or service;
“(4) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received either a provisional authorization to operate by the Joint Authorization Board or a FedRAMP authorization by the FedRAMP Program Management Office, use the existing assessments of security controls and materials within the authorization package; and
“(5) provide data and information required to the Director pursuant to section 3612 to determine how agencies are meeting metrics as defined by the FedRAMP Program Management Office.
“(b) Submission of policies required.—Not later than 6 months after the date of the enactment of this section, the head of each agency shall submit to the Director the policies created pursuant to subsection (a)(1) for review and approval.
“(c) Submission of authorizations To operate required.—Upon issuance of an authorization to operate or a provisional authorization to operate issued by an agency, the head of each agency shall provide a copy of the authorization to operate letter and any supplementary information required pursuant to section 3608(b) to the FedRAMP Program Management Office.
“(d) Presumption of adequacy.—
“(1) IN GENERAL.—The assessment of security controls and materials within the authorization package for provisional authorizations to operate issued by the Joint Authorization Board and agency authorizations to operate that receive FedRAMP authorization from the FedRAMP Program Management Office shall be presumed adequate for use in agency authorizations of cloud computing products and services.
“(2) INFORMATION SECURITY REQUIREMENTS.—The presumption under paragraph (1) does not modify or alter the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing products or services used by the agency.
“The Director shall have the following duties:
“(1) Issue guidance to ensure that an agency does not operate a Federal Government cloud computing service using Government data without an authorization to operate issued by the agency that meets the requirements of subchapter II of chapter 35 and FedRAMP.
“(2) Ensure agencies are in compliance with any guidance or other requirements issued related to FedRAMP.
“(3) Review, analyze, and update guidance on the adoption, security, and use of cloud computing services used by agencies.
“(4) Ensure the Joint Authorization Board is in compliance with section 3609(c).
“(5) Adjudicate disagreements between the Joint Authorization Board and cloud service providers seeking a provisional authorization to operate through the Joint Authorization Board.
“(6) Promulgate regulations on the role of FedRAMP authorization in agency acquisition of cloud computing products and services that process unclassified information.
“There is authorized to be appropriated $20,000,000 each year for the FedRAMP Program Management Office and the Joint Authorization Board.
“Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Director shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following:
“(1) The status, efficiency, and effectiveness of FedRAMP Program Management Office and agencies during the preceding year in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for cloud computing products and services, including progress towards meeting the metrics adopted by the FedRAMP Program Management Office pursuant to section 3608(d) and the Joint Authorization Board pursuant to section 3609(c)(5).
“(2) Data on agency use of provisional authorizations to operate issued by the Joint Authorization Board and agency sponsored authorizations that receive FedRAMP authorization by the FedRAMP Program Management Office.
“(3) The length of time for the Joint Authorization Board to review applications for and issue provisional authorizations to operate.
“(4) The length of time for the FedRAMP Program Management Office to review agency applications for and issue FedRAMP authorization.
“(5) The number of provisional authorizations to operate issued by the Joint Authorization Board and FedRAMP authorizations issued by the FedRAMP Program Management Office for the previous year.
“(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting as described in this section.
“(7) The number and characteristics of authorized cloud computing services in use at each agency consistent with guidance provided by the Director in section 3612.
“(a) Establishment, purposes, and duties.—
“(1) ESTABLISHMENT.—There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the ‘Committee’) to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities.
“(2) PURPOSES.—The purposes of the Committee are the following:
“(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following:
“(i) Measures to increase agency re-use of provisional authorizations to operate issued by the Joint Authorization Board.
“(ii) Proposed actions that can be adopted to reduce the cost of provisional authorizations to operate and FedRAMP authorizations for cloud service providers.
“(iii) Measures to increase the number of provisional authorizations to operate or FedRAMP authorizations for cloud computing services offered by small businesses (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
“(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements.
“(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community.
“(3) DUTIES.—The duties of the Committee are, at a minimum, the following:
“(A) Provide advice and recommendations to the Administrator, the Joint Authorization Board, and to agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing services.
“(B) Submit reports as required.
“(1) COMPOSITION.—The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Administrator of the Office of Electronic Government, as follows:
“(A) The Administrator or the Administrator’s designee, who shall be the Chair of the Committee.
“(B) At least one representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.
“(C) At least two officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.
“(D) At least one official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.
“(E) At least one individual representing an independent assessment organization.
“(F) No fewer than five representatives from unique businesses that primarily provide cloud computing services or products, including at least two representatives from a small business (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))).
“(G) At least two other government representatives as the Administrator determines to be necessary to provide sufficient balance, insights, or expertise to the Committee.
“(2) DEADLINE FOR APPOINTMENT.—Each member of the Committee shall be appointed not later than 30 days after the date of the enactment of this Act.
“(3) PERIOD OF APPOINTMENT; VACANCIES.—
“(A) IN GENERAL.—Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms.
“(B) VACANCIES.—Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.
“(c) Meetings and rules of procedures.—
“(1) MEETINGS.—The Committee shall hold not fewer than three meetings in a calendar year, at such time and place as determined by the Chair.
“(2) INITIAL MEETING.—Not later than 120 days after the date of the enactment of this section, the Committee shall meet and begin the operations of the Committee.
“(3) RULES OF PROCEDURE.—The Committee may establish rules for the conduct of the business of the Committee, if such rules are not inconsistent with this section or other applicable law.
“(1) IN GENERAL.—A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses.
“(2) PAY NOT PERMITTED.—A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the panel.
“(e) Applicability to the Federal Advisory Committee Act.—Notwithstanding any other provision of law, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act shall not apply.
“(f) Hearings and evidence.—The Committee, or on the authority of the Committee, any subcommittee, may, for the purposes of carrying out this section, hold hearings, sit and act at such times and places, take testimony, receive evidence, and administer oaths.
“(g) Contracting.—The Committee, may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Committee to discharge its duties under this section.
“(h) Information from federal agencies.—
“(1) IN GENERAL.—The Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of the Committee. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Committee, upon request made by the Chair, the Chair of any subcommittee created by a majority of the Committee, or any member designated by a majority of the Committee.
“(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Information may only be received, handled, stored, and disseminated by members of the Committee and its staff consistent with all applicable statutes, regulations, and Executive orders.
“(i) Detail of employees.—Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
“(j) Postal services.—The Committee may use the United States mails in the same manner and under the same conditions as agencies.
“(k) Expert and consultant services.—The Committee is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, but at rates not to exceed the daily rate paid a person occupying a position at Level IV of the Executive Schedule under section 5315 of title 5.
“(1) INTERIM REPORTS.—The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee.
“(2) ANNUAL REPORTS.—Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by the Committee.
“(a) In general.—Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to sections 3607 through this section.
“(b) Additional definitions.—In sections 3607 through this section:
“(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of General Services.
“(2) AUTHORIZATION PACKAGE.—The term ‘authorization package’—
“(A) means the essential information used to determine whether to authorize the operation of an information system or the use of a designated set of common controls; and
“(B) at a minimum, includes the information system security plan, privacy plan, security control assessment, privacy control assessment, and any relevant plans of action and milestones.
“(3) CLOUD COMPUTING.—The term ‘cloud computing’ has the meaning given that term by the National Institutes of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document thereto.
“(4) CLOUD SERVICE PROVIDER.—The term ‘cloud service provider’ means an entity offering cloud computing services to agencies.
“(5) DIRECTOR.—The term ‘Director’ means the Director of the Office of Management and Budget.
“(6) FEDRAMP.—The term ‘FedRAMP’ means the Federal Risk and Authorization Management Program established under section 3607(a).
“(7) FEDRAMP AUTHORIZATION.—The term ‘FedRAMP authorization’ means a cloud computing product or service that has received an agency authorization to operate and has been approved by the FedRAMP Program Management Office to meet requirements and guidelines established by the FedRAMP Program Management Office.
“(8) FEDRAMP PROGRAM MANAGEMENT OFFICE.—The term ‘FedRAMP Program Management Office’ means the office that administers FedRAMP established under section 3608.
“(9) INDEPENDENT ASSESSMENT ORGANIZATION.—The term ‘independent assessment organization’ means a third-party organization accredited by the Program Director of the FedRAMP Program Management Office to undertake conformity assessments of cloud service providers.
“(10) JOINT AUTHORIZATION BOARD.—The term ‘Joint Authorization Board’ means the Joint Authorization Board established under section 3609.”.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items:
“3607. Federal Risk and Authorization Management Program.
“3608. FedRAMP Program Management Office.
“3609. Joint Authorization Board.
“3610. Independent assessment organizations.
“3611. Roles and responsibilities of agencies.
“3612. Roles and responsibilities of the Office of Management and Budget.
“3613. Authorization of appropriations for FEDRAMP.
“3614. Reports to Congress.
“3615. Federal Secure Cloud Advisory Committee.
“3616. Definitions.”.
(3) SUNSET.—This section and any amendment made by this section shall be repealed on the date that is 10 years after the date of the enactment of this section.
(4) RULE OF CONSTRUCTION.—Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code.
(a) Short title.—This section may be cited as the “Taxpayers Right-To-Know Act”.
(b) Inventory of government programs.—Section 1122(a) of title 31, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated, the following:
“(1) DEFINITIONS.—For purposes of this subsection—
“(A) the term ‘Federal financial assistance’ has the meaning given that term under section 7501;
“(B) the term ‘open Government data asset’ has the meaning given that term under section 3502 of title 44;
“(C) the term ‘program’ means a single program activity or an organized set of aggregated, disaggregated, or consolidated program activities by one or more agencies directed toward a common purpose or goal; and
“(D) the term ‘program activity’ has the meaning given that term in section 1115(h).”;
(3) in paragraph (2), as so redesignated—
(A) by striking “In general.—Not later than October 1, 2012, the Office of Management and Budget shall” and inserting “Website and program inventory.—The Director of the Office of Management and Budget shall”;
(B) in subparagraph (A), by inserting “that includes the information required under subsections (b) and (c)” after “a single website”; and
(C) by striking subparagraphs (B) and (C) and inserting the following:
“(B) include on the website described in subparagraph (A), or another appropriate Federal Government website where related information is made available, as determined by the Director—
“(i) a program inventory that shall identify each program; and
“(ii) for each program identified in the program inventory, the information required under paragraph (3);
“(C) make the information in the program inventory required under subparagraph (B) available as an open Government data asset; and
“(i) update the information required to be included on the single website under subparagraph (A) on a quarterly basis; and
“(ii) update the program inventory required under subparagraph (B) on an annual basis.”;
(4) in paragraph (3), as so redesignated—
(A) in the matter preceding subparagraph (A), by striking “described under paragraph (1) shall include” and inserting “identified in the program inventory required under paragraph (2)(B) shall include”;
(B) in subparagraph (B), by striking “and” at the end;
(C) in subparagraph (C), by striking the period at the end and inserting “and,”; and
(D) by adding at the end the following:
“(D) for each program activity that is part of a program—
“(i) a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency;
“(ii) a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of—
“(I) the amount appropriated;
“(II) the amount obligated; and
“(III) the amount outlayed;
“(iii) to the extent practicable and permitted by law, links to any related evaluation, assessment, or program performance review by the agency, an inspector general, or the Government Accountability Office (including program performance reports required under section 1116), and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435; 132 Stat. 5529);
“(iv) an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates;
“(v) an identification of any major regulations specific to the program activity;
“(vi) any other information that the Director of the Office of Management and Budget determines relevant relating to program activity data in priority areas most relevant to Congress or the public to increase transparency and accountability; and
“(vii) for each assistance listing under which Federal financial assistance is provided, for the current fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information—
“(I) a linkage to the relevant program activities that fund Federal financial assistance by assistance listing;
“(II) information on the population intended to be served by the assistance listing based on the language of the solicitation, as required under section 6102;
“(III) to the extent practicable and based on data reported to the agency providing the Federal financial assistance, the results of the Federal financial assistance awards provided by the assistance listing;
“(IV) to the extent practicable, the percentage of the amount appropriated for the assistance listing that is used for management and administration;
“(V) the identification of each award of Federal financial assistance and, to the extent practicable, the name of each direct or indirect recipient of the award; and
“(VI) any information relating to the award of Federal financial assistance that is required to be included on the website established under section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).”; and
(5) by adding at the end the following:
“(4) ARCHIVING.—The Director of the Office of Management and Budget shall—
“(A) archive and preserve the information included in the program inventory required under paragraph (2)(B) after the end of the period during which such information is made available under paragraph (3); and
“(B) make information archived in accordance with subparagraph (A) publicly available as an open Government data asset.”.
(c) Guidance, implementation, reporting, and review.—
(1) DEFINITIONS.—In this subsection—
(A) the term “appropriate congressional committees” means the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the term “Director” means the Director of the Office of Management and Budget;
(C) the term “program” has the meaning given that term in section 1122(a)(1) of title 31, United States Code, as amended by subsection (b) of this section;
(D) the term “program activity” has the meaning given that term in section 1115(h) of title 31, United States Code; and
(E) the term “Secretary” means the Secretary of the Treasury.
(2) PLAN FOR IMPLEMENTATION AND RECONCILING PROGRAM DEFINITIONS.—Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that—
(i) discusses how making available on a website the information required under subsection (a) of section 1122 of title 31, United States Code, as amended by subsection (b), will leverage existing data sources while avoiding duplicative or overlapping information in presenting information relating to program activities and programs;
(ii) indicates how any gaps in data will be assessed and addressed;
(iii) indicates how the Director will display such data; and
(iv) discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection (b);
(B) sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot programs—
(i) to develop and implement a functional program inventory that could be limited in scope; and
(ii) under which the information required under the amendments made by subsection (b) with respect to program activities shall be made available on the website required under section 1122(a) of title 31, United States Code;
(C) establishes an implementation timeline for—
(i) gathering and building program activity information;
(ii) developing and implementing the pilot program;
(iii) seeking and responding to stakeholder comments;
(iv) developing and presenting findings from the pilot program to the appropriate congressional committees;
(v) notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and
(vi) implementing a Governmentwide program inventory through an iterative approach; and
(D) includes recommendations, if any, to reconcile the conflicting definitions of the term “program” in relevant Federal statutes, as it relates to the purpose of this section.
(A) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Director shall make available online all information required under the amendments made by subsection (b) with respect to all programs.
(B) EXTENSIONS.—The Director may, based on an analysis of the costs of implementation, and after submitting to the appropriate congressional committees a notification of the action by the Director, extend the deadline for implementation under subparagraph (A) by not more than a total of 1 year.
(4) REPORTING.—Not later than 2 years after the date on which the Director makes available online all information required under the amendments made by subsection (b) with respect to all programs, the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the implementation of this section and the amendments made by this section, which shall—
(A) review how the Director and agencies determined how to aggregate, disaggregate, or consolidate program activities to provide the most useful information for an inventory of Government programs;
(B) evaluate the extent to which the program inventory required under section 1122 of title 31, United States Code, as amended by this section, provides useful information for transparency, decision-making, and oversight;
(C) evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and
(D) include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section.
(d) Technical and conforming amendments.—
(1) IN GENERAL.—Section 1122 of title 31, United States Code, is amended—
(A) in subsection (b), in the matter preceding paragraph (1), by inserting “described in subsection (a)(2)(A)” after “the website” each place it appears;
(B) in subsection (c), in the matter preceding paragraph (1), by inserting “described in subsection (a)(2)(A)” after “the website”; and
(i) in the subsection heading, by striking “on website”; and
(ii) in the first sentence, by striking “on the website”.
(A) Section 1115(a) of title 31, United States Code, is amended in the matter preceding paragraph (1) by striking “the website provided under” and inserting “a website described in”.
(B) Section 10 of the GPRA Modernization Act of 2010 (31 U.S.C. 1115 note) is amended—
(i) in subsection (a)(3), by striking “the website described under” and inserting “a website described in”; and
(I) in paragraph (1), by striking “the website described under” and inserting “a website described in”; and
(II) in paragraph (3), by striking “the website as required under” and inserting “a website described in”.
(C) Section 1120(a)(5) of title 31, United States Code, is amended by striking “the website described under” and inserting “a website described in”.
(D) Section 1126(b)(2)(E) of title 31, United States Code, is amended by striking “the website of the Office of Management and Budget pursuant to” and inserting “a website described in”.
(E) Section 3512(a)(1) of title 31, United States Code, is amended by striking “the website described under” and inserting “a website described in”.
(a) In general.—The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, shall carry out research and development to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will accelerate the underlying research and development for design, development, and manufacturability of next generation microelectronics and ensure the competitiveness and leadership of the United States within the microlectronics sector.
(b) Elements.—The activities under subsection (a) shall include research and development in the following areas:
(1) Advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes.
(2) Metrology for security and supply chain verification, including pre-silicon security verification of the design for logical and physical vulnerabilities beyond current functional analysis.
Section 7321 of the PFAS Act of 2019 (Public Law 116–92) is amended—
(1) in subsection (b), by adding at the end the following:
“(3) LIMITATION.—Section 372.38 of title 40, Code of Federal Regulations (or any successor regulation), shall not apply to a chemical described in paragraph (1) unless the Administrator, in accordance with paragraph (2)(B), revises the threshold for reporting such chemical to 10,000 pounds.”;
(2) in subsection (c), by adding at the end the following:
“(3) LIMITATION.—Section 372.38 of title 40, Code of Federal Regulations (or any successor regulation), shall not apply to the substances and classes of substances included in the toxics release inventory under paragraph (1) unless the Administrator, in accordance with paragraph (2)(B), revises the threshold for reporting such substances and class of substances to 10,000 pounds.”; and
(3) in subsection (d), by adding at the end the following:
“(4) LIMITATION.—Section 372.38 of title 40, Code of Federal Regulations (or any successor regulation), shall not apply to the substances and classes of substances described in paragraph (2) unless the Administrator sets a 10,000 pound reporting threshold for such substances and classes of substances.”.
The Secretary of Defense may not prohibit, on the basis of a product containing hemp or any ingredient derived from hemp, the possession, use, or consumption of such product by a member of the Armed Forces if—
(1) the hemp meets the definition in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o); and
(2) such possession, use, or consumption is in compliance with applicable Federal, State, and local law.
(a) Uniformed Services University of the Health Sciences.—Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 2117. Exemption from Paperwork Reduction Act
“Subchapter I of chapter 35 of title 44 shall not apply to the voluntary collection of information during the conduct of research by the University.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2116 the following new item:
“2117. Exemption from Paperwork Reduction Act.”.
(a) Sense of Congress.—It is the Sense of Congress that—
(1) in 1898, Puerto Rico became a territory of the United States and, the following year, Congress authorized raising a military unit of volunteer soldiers on the island, which was organized as the “Puerto Rico Regiment of Volunteer Infantry”;
(2) in 1908, Congress incorporated the regiment as part of the regular United States Army as the “Puerto Rico Regiment of Infantry”;
(3) in 1917, after the United States entry into World War I, the Puerto Rico Regiment of Infantry was sent to Panama to defend the Panama Canal Zone;
(4) in 1920, Congress redesignated the unit as the 65th Infantry Regiment of the United States Army;
(5) during World War II, the 65th Infantry Regiment served in North Africa and Europe, including combat operations in France and Germany for which members of the unit received commendations for valiant service, including 1 Distinguished Service Cross, 2 Silver Stars, 2 Bronze Stars, and 90 Purple Hearts;
(6) in 1950, the 65th Infantry Regiment deployed to South Korea, and during the voyage the soldiers nicknamed the unit the “Borinqueneers”, a reference to the native Taíno Tribe’s name for the island of Puerto Rico;
(7) during the Korean war, the 65th Infantry Regiment (hereinafter, the “Borinqueneers”) engaged in substantial combat operations on the Korean Peninsula, and the unit played a central role in several important offensives and counter-offensives that earned it well-deserved admiration and commendation;
(8) the Borinqueneers’ extraordinary service during the Korean war resulted in the Regiment receiving 2 Presidential Unit Citations (Army and Navy), 2 Republic of Korea Presidential Unit Citations, a Meritorious Unit Commendation (Army), a Navy Unit Commendation, the Chryssoun Aristion Andrias (Bravery Gold Medal of Greece), and campaign participation credits for United Nations Offensive, Chinese Communist Forces (CCF) Intervention, First United Nations Counteroffensive, CCF Spring Offensive, United Nations Summer-Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, Third Korean Winter, and Korea Summer 1953;
(9) the Borinqueneers’ extraordinary service during the Korean war also resulted in numerous individual commendations and awards for its soldiers, including 1 Medal of Honor, 9 Distinguished Service Crosses, more than 250 Silver Stars, more than 600 Bronze Stars, and more than 2,700 Purple Hearts;
(10) in 1956, the 65th Infantry Regiment was deactivated from the regular United States Army and, in 1959, its units and regimental number were assigned to the Puerto Rico National Guard;
(11) in 1982, the United States Army Center of Military History officially authorized designating the 65th Infantry Regiment as the “Borinqueneers”; and
(12) on April 13, 2016, Congress awarded the Congressional Gold Medal to the 65th Infantry Regiment in recognition of the Borinqueneers’ numerous contributions to American history and outstanding military service from World War I through the recent conflicts in Afghanistan and Iraq.
(b) Resolution.—The House of Representatives—
(1) expresses support for the designation of “National Borinqueneers Day”;
(2) recognizes the bravery, service, and sacrifice of the Puerto Rican soldiers of the 65th Infantry Regiment in the armed conflicts of the United States in the 20th and 21st centuries;
(3) expresses deep gratitude for the contributions to the Armed Forces that have been made by hundreds of thousands of patriotic United States citizens from Puerto Rico; and
(4) urges individuals and communities across the United States to participate in activities that are designed—
(A) to celebrate the distinguished service of the military veterans who served in the 65th Infantry Regiment, known as the “Borinqueneers”;
(B) to pay tribute to the sacrifices made and adversities overcome by Puerto Rican and Hispanic military service members; and
(C) to recognize the significant contributions to American history made by the 65th Infantry Regiment, known as the “Borinqueneers”.
(a) In general.—A servicer of a private education loan extended to a covered borrower shall suspend all payments on such loan through September 30, 2021.
(b) No accrual of interest.—Interest shall not accrue on a loan described under subsection (a) for which payment was suspended for the period of the suspension.
(c) Consideration of payments.—A servicer of a private education loan extended to a covered borrower shall deem each month for which a loan payment was suspended under this section as if the borrower of the loan had made a payment for the purpose of any loan forgiveness program or loan rehabilitation program for which the borrower would have otherwise qualified.
(d) Reporting to consumer reporting agencies.—During the period in which a loan payment was suspended under this section, the servicer of the loan shall ensure that, for the purpose of reporting information about the loan to a consumer reporting agency, any payment that has been suspended is treated as if it were a regularly scheduled payment made by a borrower.
(e) Suspending involuntary collection.—During the period for which a loan payment was suspended under this section, the servicer or holder of the loan shall suspend all involuntary collection related to the loan.
(f) Notice to borrowers and transition period.—To inform covered borrowers of the actions taken in accordance with this section and ensure an effective transition, the servicer of a private education loan extended to a covered borrower shall—
(1) not later than 15 days after the date of enactment of this Act, notify covered borrowers—
(A) of the actions taken in accordance with subsections (a) and (b) for whom payments have been suspended and interest waived;
(B) of the actions taken in accordance with subsection (e) for whom collections have been suspended;
(C) of the option to continue making payments toward principal; and
(D) that the program under this section is a temporary program; and
(2) beginning on August 1, 2020, carry out a program to provide not less than 6 notices by postal mail, telephone, or electronic communication to covered borrowers indicating when the borrower’s normal payment obligations will resume.
(g) Definitions.—In this section:
(1) COVERED BORROWER.—The term “covered borrower” means a borrower of a private education loan.
(2) PRIVATE EDUCATION LOAN.—The term “private education loan” has the meaning given the term in section 140 of the Truth in Lending Act (15 U.S.C. 1650).
Of the funds authorized to be appropriated by this Act for fiscal year 2021 for the Department of Defense, the Secretary of Defense may contribute $5,000,000 to support the National Maritime Heritage Grants Program established under section 308703 of title 54, United States Code.
(a) In general.—Section 584(f) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281) is amended by striking “five” and inserting “seven”.
(b) Effective date.—The amendment made by subsection (a) shall take effect as if enacted on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281).
(a) United States policy at the international financial institutions.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) that it is the policy of the United States to use the voice and vote of the United States at the respective institution to seek to secure greater transparency with respect to the terms and conditions of financing provided by the government of the People’s Republic of China to any member state of the respective institution that is a recipient of financing from the institution, consistent with the rules and principles of the Paris Club.
(b) Report required.—The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act—
(1) a description of progress made toward advancing the policy described in subsection (a) of this section; and
(2) a discussion of financing provided by entities owned or controlled by the government of the People’s Republic of China to the member states of international financial institutions that receive financing from the international financial institutions, including any efforts or recommendations by the Chairman to seek greater transparency with respect to the former financing.
(c) Sunset.—Subsections (a) and (b) of this section shall have no force or effect after the earlier of—
(1) the date that is 7 years after the date of the enactment of this Act; or
(2) 30 days after the date that the Secretary reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the People’s Republic of China is in substantial compliance with the rules and principles of the Paris Club.
(a) In general.—Not later than December 31, 2021, the Secretary of Homeland Security shall develop and submit to Congress a strategy, including recommendations, to implement across all United States-based email providers Domain-based Message Authentication, Reporting, and Conformance standard at scale.
(b) Elements.—The strategy required under subsection (a) shall include the following:
(1) A recommendation for the minimum size threshold for United States-based email providers for applicability of Domain-based Message Authentication, Reporting, and Conformance.
(2) A description of the security and privacy benefits of implementing the Domain-based Message Authentication, Reporting, and Conformance standard at scale, including recommendations for national security exemptions, as appropriate, as well as the burdens of such implementation and an identification of the entities on which such burdens would most likely fall.
(3) An identification of key United States and international stakeholders associated with such implementation.
(4) An identification of any barriers to such implementing, including a cost-benefit analysis where feasible.
(5) An initial estimate of the total cost to the Federal Government and implementing entities in the private sector of such implementing, including recommendations for defraying such costs, if applicable.
(c) Consultation.—In developing the strategies and recommendations under subsection (a), the Secretary of Homeland Security may, as appropriate, consult with representatives from the information technology sector.
(d) Definition.—In this section, the term “Domain-based Message Authentication, Reporting, and Conformance” means an email authentication, policy, and reporting protocol that verifies the authenticity of the sender of an email and blocks and reports to the sender fraudulent accounts.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, the Under Secretary of Homeland Security for Intelligence and Analysis, and the Director of National Intelligence (acting through the National Counterterrorism Center) shall jointly submit to the appropriate congressional committees a report that includes an evaluation of the nature and extent of the domestic terror threat and domestic terrorist groups.
(b) Elements.—The report under subsection (a) shall—
(1) describe the manner in which domestic terror activity is tracked and reported;
(2) identify all known domestic terror groups, whether formal in nature or loosely affiliated ideologies;
(3) include a breakdown of the ideology of each group; and
(4) describe the efforts of such groups, if any, to infiltrate or target domestic constitutionally protected activity by citizens for cooption or to carry out attacks, and the number of individuals associated or affiliated with each group that engages in such efforts.
To the extent practicable, the Secretary of Defense shall prioritize the procurement of tungsten and tungsten powder from only domestic producers.
(a) In general.—The Secretary of Defense shall establish a mechanism through which members of the Armed Forces and civilian employees of the Department of Defense may privately provide dissenting views regarding the Department of Defense and United States national security policy without fear of retribution.
(b) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the status of the mechanism required by subsection (a).
(c) Rule of construction.—Nothing in this section shall be construed to alleviate the duty of any individual to follow the military chain of command or to follow the policies of the Department of Defense and Federal Government.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Homeland Security and the Committee on Armed Services in the House of Representatives and the Committee on Homeland Security and Governmental Affairs and Committee on Armed Services in the Senate.
(2) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given that term in section 2(4) of the Homeland Security Act of 2002.
(3) DEPARTMENT.—The term “Department” means the Department of Homeland Security.
(4) DIRECTOR.—The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency of the Department.
(5) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—The term “information sharing and analysis organization” has the meaning given that term in section 2222(5) of the Homeland Security Act of 2002.
(6) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.
(7) SECTOR RISK MANAGEMENT AGENCY.—The term “sector risk management agency” has the meaning given that term in section 2201(5) of the Homeland Security Act of 2002.
(b) Critical infrastructure sector designation.—
(1) INITIAL REVIEW.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall review the current framework for securing critical infrastructure, as described in section 2202(c)(4) of the Homeland Security Act and Presidential Policy Directive 21, and submit a report to the President containing recommendations for—
(A) any revisions to the current framework for securing critical infrastructure;
(B) any revisions to the list of critical infrastructure sectors set forth in Presidential Policy Directive 21 or previously designated subsectors; and
(C) any revisions to the list of designated Federal departments or agencies that serve as the Sector Risk Management Agency for a sector or subsector, necessary to comply with paragraph (3)(B).
(2) PERIODIC EVALUATION BY THE SECRETARY.—At least once every 5 years, the Secretary, in consultation with the Director, shall—
(A) evaluate the current list of critical infrastructure sectors and subsectors and the appropriateness of Sector Risk Management Agency designations, as set forth in Presidential Policy Directive 21, or any successor document or policy; and
(B) recommend to the President—
(i) any revisions to the list of critical infrastructure sectors or subsectors; and
(ii) any revisions to the designation of any Federal department or agency designated as the Sector Risk Management Agency for a sector or subsector.
(3) REVIEW AND REVISION BY THE PRESIDENT.—
(A) IN GENERAL.—Not later than 180 days after a recommendation by the Secretary pursuant to paragraph (2), the President shall—
(i) review the recommendation and revise, as appropriate, the designation of a critical infrastructure sector or subsector or the designation of a Sector Risk Management Agency; or
(ii) submit a report to appropriate congressional committees, and the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, explaining the basis for rejecting the recommendations of the Secretary.
(B) LIMITATION.—The President may only designate an agency under this subsection if the agency is referenced in section 205 of the Chief Financial Officers Act of 1990 (42 U.S.C. 901).
(4) PUBLICATION.—Any designation of critical infrastructure sectors shall be published in the Federal Register.
(c) Sector risk management agencies.—
(1) REFERENCES.—Any reference to a sector-specific agency in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector.
(2) SECTOR RISK MANAGEMENT AGENCY.—Subtitle A of title XXII of the Homeland Security Act of 2002 is amended by adding at the end the following new section:
“SEC. 2215. Sector Risk Management Agencies.
“(a) In general.—Each Sector Risk Management Agency, as designated by law or presidential directive, shall—
“(1) provide specialized sector-specific expertise to critical infrastructure owners and operators within the relevant sector; and
“(2) support programs and associated activities of its designated critical infrastructure sector in coordination with the Director.
“(b) Coordination.—In carrying out this section, Sector Risk Management Agencies shall—
“(1) coordinate with the Department and other relevant Federal departments and agencies, as appropriate;
“(2) collaborate with critical infrastructure owners and operators within the designated critical infrastructure sector or subsector; and
“(3) coordinate with independent regulatory agencies, and State, local, Tribal, and territorial entities, as appropriate.
“(c) Responsibilities.—Each Sector Risk Management Agency shall utilize its specialized expertise about its designated critical infrastructure sector or subsector and authorities under applicable law to—
“(1) support sector risk management, including—
“(A) establishing and carrying out programs, in coordination with the Director, to assist critical infrastructure owners and operators within the designated sector in identifying, understanding, and mitigating threats, vulnerabilities, and risks to their systems or assets, or within a region or sector; and
“(B) recommending security measures to mitigate the consequences of destruction, compromise, and disruption of systems and assets;
“(2) assess sector risk, including—
“(A) identifying, assessing, and prioritizing risks within the designated sector, considering physical and cyber threats, vulnerabilities, and consequences; and
“(B) supporting national risk assessment efforts led by the Department, through the Director;
“(3) sector coordination, including—
“(A) serving as a day-to-day Federal interface for the prioritization and coordination of sector-specific activities and responsibilities under this section;
“(B) serving as the government coordinating council chair for the designated sector or subsector; and
“(C) participating in cross-sector coordinating councils, as appropriate;
“(4) facilitating the sharing of information about cyber and physical threats within the sector to the Department, including—
“(A) facilitating, in coordination with the Director, access to, and exchange of, information and intelligence necessary to strengthen the security of critical infrastructure, including through information sharing and analysis organizations and the national cybersecurity and communications integration center established in section 2209 of the Homeland Security Act of 2002;
“(B) facilitating the identification of intelligence needs and priorities of critical infrastructure owners and operators in the sector, in coordination with the Director, the Office of Director of National Intelligence, and other Federal departments and agencies, as appropriate;
“(C) providing the Director ongoing, and where possible, real-time awareness of identified threats, vulnerabilities, mitigations, and other actions related to the security of the sector; and
“(D) supporting the reporting requirements of the Department of Homeland Security under applicable law by providing, on an annual basis, sector-specific critical infrastructure information;
“(5) supporting incident management, including—
“(A) supporting, in coordination with the Director, incident management and restoration efforts during or following a security incident; and
“(B) supporting the Director, upon request, in conducting vulnerability assessments and asset response activities for critical infrastructure; and
“(6) contributing to emergency preparedness efforts, including—
“(A) coordinating with critical infrastructure owners and operators within the designated sector, as well as the Director, in the development of planning documents for coordinated action in the event of a natural disaster, act of terrorism, or other man-made disaster or emergency;
“(B) conducting exercises and simulations of potential natural disasters, acts of terrorism, or other man-made disasters or emergencies within the sector; and
“(C) supporting the Department and other Federal departments or agencies in developing planning documents or conducting exercises or simulations relevant to their assigned sector.”.
(3) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2214 the following new item:
“Sec. 2215. Sector risk management agencies.”.
(d) Reporting and auditing.—Not later than 2 years after the date of the enactment of this Act and every 4 years thereafter, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the effectiveness of Sector Risk Management Agencies in carrying out their responsibilities under section 2215 of the Homeland Security Act of 2002, as added by this section.
Each Secretary of a military department shall—
(1) share lessons learned and best practices on the progress of plans to integrate members of the Armed Forces who identify as belonging to a minority group into the military department under the jurisdiction of the Secretary; and
(2) strategically communicate such progress with other military departments and the public.
The Secretary of Defense shall develop a policy that defines conscious and unconscious gender bias and provides guidance to eliminate conscious and unconscious gender bias.
Each Secretary of a military department shall develop and implement policies to ensure that the career of a member of the Armed Forces is not negatively affected as a result of such member becoming pregnant.
(a) Release of materials.—Not more than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct all Defense Agency bureaus, departments, agencies, and entities to identify and release to Salvadoran judicial authorities, including to the Salvadoran presiding judge investigating and prosecuting the El Mozote massacre case, all materials that might be relevant to the El Mozote massacre that occurred in December of 1981.
(b) Materials described.—The materials required to be released under subsection (a) include—
(1) all documents, correspondence, reproductions of Salvadoran documents, and other similar materials dated during, or originating from, the period beginning on January 1, 1981, and ending on January 30, 1983, that are relevant to the massacre that occurred at El Mozote, El Salvador, and surrounding communities, in December of 1981;
(2) all materials dated during, or originating from, the period referred to in paragraph (1) related to the establishment, operations, command structure, officers and troops of the Atlacatl Battalion; and
(3) any other materials the Secretary determines are relevant to the El Mozote massacre.
(c) Timeline for completion.—The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a specific timeline for the completion of the release of the materials as required under subsection (a). Such timeline for completion may not exceed 150 days after the date of the enactment of this Act.
(1) IN GENERAL.—The Secretary of Defense shall carry out a study on the creation of a position of Assistant Deputy Secretary for Environment and Resilience, which would broaden the responsibilities and authorities of the Deputy Assistant Secretary for Environment. The Secretary shall determine the scope of duties for this position by evaluating which defense activities outside of sustainment are impacted by the threat of anticipated or unanticipated changes in environmental conditions, or extreme weather events. The Secretary shall also consider whether the position of Assistant Deputy Secretary for Environment and Resilience should—
(A) update and execute on the Department of Defense’s 2014 Climate Change Adaptation Roadmap;
(B) collaborate with other Assistant Deputy Secretaries of Defense and Assistant Secretaries of Defense to develop recommendations on how to factor climate risks into Department of Defense policies; and
(C) undertake such other duties related to environmental resilience as the Secretary may determine appropriate.
(2) REPORT TO CONGRESS.—Not later than the end of the 60-day period beginning on the date of enactment of this Act, the Secretary shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under paragraph (1).
(b) Establishment.—After issuing the report required under subsection (a), the Secretary shall establish the position of Assistant Deputy Secretary for Environment and Resilience and delegate such duties to the position as the Secretary determines appropriate, taking into account the results of the study required under subsection (a).
(c) Annual report.—The Assistant Deputy Secretary for Environment and Resilience shall issue an annual report to the Secretary of Defense and the Congress containing a description of the actions taken by the Assistant Deputy Secretary during the previous year.
(a) HUD provisions.—Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following new subparagraph:
“(D) VETERAN DEFINED.—In this paragraph, the term ‘veteran’ has the meaning given that term in section 2002(b) of title 38, United States Code.”.
(b) VHA case managers.—Subsection (b) of section 2003 of title 38, United States Code, is amended by adding at the end the following: “In the case of vouchers provided under the HUD–VASH program under section 8(o)(19) of such Act, for purposes of the preceding sentence, the term ‘veteran’ shall have the meaning given such term in section 2002(b) of this title.”.
(1) IN GENERAL.—Not less frequently than once each year, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the homelessness services provided under programs of the Department of Veterans Affairs, including services under HUD–VASH program under section 8(o)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
(2) INCLUDED INFORMATION.—Each such annual report shall include, with respect to the year preceding the submittal of the report, a statement of the number of eligible individuals who were furnished such homelessness services and the number of individuals furnished such services under each such program, disaggregated by the number of men who received such services and the number of women who received such services, and such other information as the Secretary considers appropriate.
(a) Waiver authority.—Notwithstanding any other provision of law, unless enacted with specific reference to this section or section 392 of the Higher Education Act of 1965 (20 U.S.C. 1068a), for any affected institution that was receiving assistance under title III of such Act (20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster, the Secretary of Education shall, for each of the fiscal years 2020 through 2022 (and may, for each of the fiscal years 2023 and 2024)—
(A) the eligibility data requirements set forth in section 391(d) of the Higher Education Act of 1965 (20 U.S.C. 1068(d));
(B) the wait-out period set forth in section 313(d) of the Higher Education Act of 1965 (20 U.S.C. 1059(d));
(C) the allotment requirements under section 324 of the Higher Education Act of 1965 (20 U.S.C. 1063); and
(D) the use of the funding formula developed pursuant to section 326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1063b(f)(3));
(2) waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster are not adversely affected by any formula calculation for fiscal year 2020 or for any of the 4 succeeding fiscal years, as necessary; and
(3) make available to each affected institution an amount that is not less than the amount made available to such institution under title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) for fiscal year 2017, except that for any fiscal year for which the funds appropriated for payments under such title are less than the appropriated level for fiscal year 2017, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under such title.
(b) Definitions.—In this section:
(1) AFFECTED INSTITUTION.—The term “affected institution” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that—
(i) a part A institution (which term shall have the meaning given the term “eligible institution” under section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b))); or
(ii) a part B institution, as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), or as identified in section 326(e) of such Act (20 U.S.C. 1063b(e));
(B) is located in a covered area affected by a hurricane disaster; and
(C) is able to demonstrate that, as a result of the impact of a covered hurricane disaster, the institution—
(i) incurred physical damage;
(ii) has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and
(iii) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on September 7, 2017.
(2) COVERED AREA AFFECTED BY A HURRICANE DISASTER.—The term “covered area affected by a hurricane disaster” means an area for which the President declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Maria.
(3) COVERED HURRICANE DISASTER.—The term “covered hurricane disaster” means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and that was caused by Hurricane Maria or Hurricane Irma.
Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c–1(k)) is amended by striking paragraph (4).
(a) In general.—Subsection (b) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended by—
(1) redesignating paragraph (2) as paragraph (4); and
(2) inserting after paragraph (1) the following new paragraphs:
“(A) IN GENERAL.—The Director shall be appointed from among individuals who have—
“(i) extensive knowledge in at least two of the areas specified in subparagraph (B); and
“(ii) not fewer than 5 years of demonstrated experience in efforts to foster coordination and collaboration between the Federal Government, the private sector, and other entities on issues related to cybersecurity, infrastructure security, or security risk management.
“(B) SPECIFIED AREAS.—The areas specified in this subparagraph are the following:
“(i) Cybersecurity.
“(ii) Infrastructure security.
“(iii) Security risk management.
“(3) TERM.—Effective with respect to an individual appointed to be the Director by the President, by and with the advice and consent of the Senate, after the date of the enactment of this paragraph, the term of office of such an individual so appointed shall be 5 years, and such an individual may not serve more than two terms. The term of office of the individual serving as the Director as of such date of enactment shall be 5 years beginning on the date on which the Director began serving.”.
(b) Change of title of Assistant Director to Executive Assistant Director.—
(1) CYBERSECURITY DIVISION.—Section 2203 of the Homeland Security Act of 2002 (6 U.S.C. 653) is amended—
(i) in the heading for paragraph (2), by striking “Assistant Director” and inserting “Executive Assistant Director”; and
(ii) in paragraph (2), by striking “Assistant Director for Cybersecurity (in this section referred to as the ‘Assistant Director’)” and inserting “Executive Assistant Director for Cybersecurity (in this section referred to as the ‘Executive Assistant Director’)”; and
(B) by striking “Assistant Director” each place it appears and inserting “Executive Assistant Director”.
(2) INFRASTRUCTURE SECURITY DIVISION.—Section 2204 of the Homeland Security Act of 2002 (6 U.S.C. 654) is amended—
(i) in the heading for paragraph (2), by striking “Assistant Director” and inserting “Executive Assistant Director”; and
(ii) in paragraph (2), by striking “Assistant Director for Infrastructure Security (in this section referred to as the ‘Assistant Director’)” and inserting “Executive Assistant Director for Infrastructure Security (in this section referred to as the ‘Executive Assistant Director’)”; and
(B) by striking “Assistant Director” each place it appears and inserting “Executive Assistant Director”.
(c) Amendment relating to qualifications for certain CISA Executive Assistant Directors.—The Homeland Security Act of 2002 is amended—
(1) in subparagraph (B) of section 2203(a)(2) (6 U.S.C. 653(a)(2)), by striking “President without the advice and consent of the Senate” and inserting “Secretary”; and
(2) in subparagraph (B) of section 2204(a)(2) (6 U.S.C. 654(a)(2)), by striking “President without the advice and consent of the Senate” and inserting “Secretary”.
(d) Amendment to position level of CISA Director.—Subchapter II of chapter 53 of title 5, United States Code, is amended—
(1) in section 5313, by inserting after “Administrator of the Transportation Security Administration.” the following:
“ Director, Cybersecurity and Infrastructure Security Agency.”; and
(2) in section 5314, by striking “Director, Cybersecurity and Infrastructure Security Agency.”.
Section 6(b)(1)(B)(i) of the Joint Resolution entitled “A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America’, and for other purposes”, approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)(i) is amended—
(1) by striking “contact” and inserting “contract”;
(2) by inserting “supporting,” after “connected to,”;
(3) by striking “or” before “associated with”;
(4) by inserting “or adversely affected by” after “associated with,”; and
(5) by inserting “, with priority given to federally funded military projects” after “and in the Commonwealth”.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall authorize the inclusion on the Vietnam Veterans Memorial Wall in the District of Columbia of the names of the 74 crew members of the U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Required consultation.—The Secretary of Defense shall consult with the Secretary of the Interior, the American Battlefield Monuments Commission, and other applicable authorities with respect to any adjustments to the nomenclature and placement of names pursuant to subsection (a) to address any space limitations on the placement of additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.—Chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to any activities carried out under subsection (a) or (b).
(a) Finding.—The Congress finds that—
(1) extracting minerals from seawater has the potential to provide a domestic source for minerals that are critical to the defense industrial base of the United States, which would reduce the dependence of the United States on imports of the minerals while strengthening the national security and the defense industrial base of the United States;
(2) the cost of extracting uranium from seawater has dropped significantly to nearly $400 per kilogram; and
(3) extracting uranium from seawater is an environmentally friendly, emerging technology solution that has the potential to transform how uranium is extracted.
(b) Study.—Within 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any other relevant Federal agency and relevant stakeholders, shall conduct a study of the viability of extracting minerals, such as uranium, that are critical to the defense industrial base of the United States, from seawater.
(c) Report.—Within 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Armed Services and the Committee on Environment and Public Works of the Senate a written report which contains the results of the study required by subsection (b).
(a) Restrictions on Confucius Institutes.—An institution of higher education or other postsecondary educational institution (referred to in this section as an “institution”) shall not be eligible to receive Federal funds from the Department of Defense, other than educational assistance funds that are provided directly to students, unless—
(1) the institution submits any contract or agreement between the institution and a Confucius Institute to the National Academies of Sciences, Engineering, and Medicine; and
(2) the National Academies of Sciences, Engineering, and Medicine issues a written determination that the contract or agreement includes clear provisions that—
(A) protect academic freedom at the institution;
(B) prohibit the application of any foreign law on any campus of the institution; and
(C) grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute.
(b) Confucius Institute defined.—In this section, the term “Confucius Institute” means a cultural institute directly or indirectly funded by the Government of the People’s Republic of China.
(1) INCREASE.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, basic research, basic research initiatives (PE 0601110D8Z), line 003 is hereby increased by $1,000,000 (to be used in support of the National Academies of Sciences, Engineering, and Medicine assessments under subsection (a)).
(2) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Defense Information Systems Agency, line 280 is hereby reduced by $1,000,000.
(a) In general.—Section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214) is amended by adding at the end the following:
“(i) Disclosure regarding foreign jurisdictions that prevent inspections.—
“(1) DEFINITIONS.—In this subsection—
“(A) the term ‘covered issuer’ means an issuer that is required to file reports under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); and
“(B) the term ‘non-inspection year’ means, with respect to a covered issuer, a year—
“(i) during which the Commission identifies the covered issuer under paragraph (2)(A) with respect to every report described in subparagraph (A) filed by the covered issuer during that year; and
“(ii) that begins after the date of enactment of this subsection.
“(2) DISCLOSURE TO COMMISSION.—The Commission shall—
“(A) identify each covered issuer that, with respect to the preparation of the audit report on the financial statement of the covered issuer that is included in a report described in paragraph (1)(A) filed by the covered issuer, retains a registered public accounting firm that has a branch, office, or affiliate that—
“(i) is located in a foreign jurisdiction;
“(ii) performs more than one-third of the audit services for the audit report of the covered issuer; and
“(iii) the Board is unable to inspect or investigate completely because of a position taken by an authority in the foreign jurisdiction described in clause (i), as determined by the Board; and
“(B) require each covered issuer identified under subparagraph (A) to, in accordance with rules issued by the Commission, submit to the Commission documentation to determine whether the covered issuer is owned or controlled by a governmental entity in the foreign jurisdiction described in subparagraph (A)(i).
“(3) TRADING PROHIBITION AFTER 3 YEARS OF NON-INSPECTIONS.—
“(A) IN GENERAL.—If the Commission determines that a covered issuer has 3 consecutive non-inspection years, the Commission shall prohibit the securities of the covered issuer from being traded—
“(i) on a national securities exchange; or
“(ii) through any other method that is within the jurisdiction of the Commission to regulate, including through the method of trading that is commonly referred to as the ‘over-the-counter’ trading of securities.
“(B) REMOVAL OF INITIAL PROHIBITION.—If, after the Commission imposes a prohibition on a covered issuer under subparagraph (A), the covered issuer certifies to the Commission that the covered issuer has retained a registered public accounting firm that the Board has inspected under this section to the satisfaction of the Commission, the Commission shall end that prohibition.
“(C) RECURRENCE OF NON-INSPECTION YEARS.—If, after the Commission ends a prohibition under subparagraph (B) or (D) with respect to a covered issuer, the Commission determines that the covered issuer has a non-inspection year, the Commission shall prohibit the securities of the covered issuer from being traded—
“(i) on a national securities exchange; or
“(ii) through any other method that is within the jurisdiction of the Commission to regulate, including through the method of trading that is commonly referred to as the ‘over-the-counter’ trading of securities.
“(D) REMOVAL OF SUBSEQUENT PROHIBITION.—If, after the end of the 5-year period beginning on the date on which the Commission imposes a prohibition on a covered issuer under subparagraph (C), the covered issuer certifies to the Commission that the covered issuer will retain a registered public accounting firm that the Board is able to inspect and investigate, the Commission shall end that prohibition.”.
(1) DEFINITIONS.—In this section—
(A) the term “audit report” has the meaning given the term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a));
(B) the term “Commission” means the Securities and Exchange Commission;
(I) the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation; and
(II) the form described in section 249.220f of title 17, Code of Federal Regulations, or any successor regulation; and
(I) is the equivalent of, or substantially similar to, the form described in subclause (I) or (II) of clause (i); and
(II) a foreign issuer files with the Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or rules issued under that Act;
(D) the terms “covered issuer” and “non-inspection year” have the meanings given the terms in subsection (i)(1) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by subsection (a) of this section; and
(E) the term “foreign issuer” has the meaning given the term in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation.
(2) REQUIREMENT.—Each covered issuer that is a foreign issuer and for which, during a non-inspection year with respect to the covered issuer, a registered public accounting firm described in subsection (i)(2)(A) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by subsection (a) of this section, has prepared an audit report shall disclose in each covered form filed by that issuer that covers such a non-inspection year—
(A) that, during the period covered by the covered form, such a registered public accounting firm has prepared an audit report for the issuer;
(B) the percentage of the shares of the issuer owned by governmental entities in the foreign jurisdiction in which the issuer is incorporated or otherwise organized;
(C) whether governmental entities in the applicable foreign jurisdiction with respect to that registered public accounting firm have a controlling financial interest with respect to the issuer;
(D) the name of each official of the Chinese Communist Party who is a member of the board of directors of—
(i) the issuer; or
(ii) the operating entity with respect to the issuer; and
(E) whether the articles of incorporation of the issuer (or equivalent organizing document) contains any charter of the Chinese Communist Party, including the text of any such charter.
(c) Rulemaking.—Not later than 90 days after the date of enactment of this Act, the Commission shall issue rules to implement this section, and the amendments made by this section, consistent with the Commission’s mandate, including—
(1) the protection of investors; and
(2) maintaining fair, orderly, and efficient markets.
(a) In general.—The Secretary of Defense shall provide for greater training effectiveness for aircrews by procuring contract services that will realistically simulate real-world, manned submersible, diesel-powered vessels that are very similar to third-world and near-peer adversaries.
(b) Goals and best practices.—In carrying out subsection (a), the Secretary shall apply the following goals and best practices:
(1) Provide for on-demand services available on training range scheduling services within 3 days of training exercises.
(2) Meet the demand for scalable, highly relevant, and robust training assets for use by fixed and rotary-wing Navy anti-submarine communities on both coasts.
(3) Minimize the use of foreign naval vessels, reserving them only for large, joint and allied exercises.
(4) Ensure that such vessels are classed for use on sea-based ranges and equipped for safe operation with Unite States naval air, surface, and submarine forces.
(a) In general.—The Secretary of Defense, in collaboration with the Secretary of Agriculture, shall review the potential to incorporate innovative wood product technologies (such as mass timber and cellulose nanomaterials) in constructing or renovating facilities owned or managed by the Department of Defense.
(b) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Agriculture of the House of Representatives and the Committee on Armed Services and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
(1) includes the findings of the review required under subsection (a); and
(2) identifies any barriers to incorporating innovative wood product technologies (such as mass timber and cellulose nanomaterials) in constructing or renovating facilities owned or managed by the Department of Defense.
(a) In general.—Not later than 1 year after the date of the enactment of this Act the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a plan to increase the number of foreign female participants receiving training under the International Military Education and Training program authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) and any other military exchange program offered to foreign participants, with the goal of doubling such participation over the 10-year period beginning on the date of the enactment of this Act.
(b) Interim progress reports.—Not later than 2 years after the date of the submission of the plan required by subsection (a), and every 2 years thereafter until the end of the 10-year period beginning on the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that includes the most recently available data on foreign female participation in activities conducted under the International Military Education and Training program and any other military exchange programs and describes the manner and extent to which the goal described in subsection (a) has been achieved as of the date of the submission of the report.
(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(a) Establishment.—Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section:
Ҥ 324. Office of Cyber Engagement
“(a) Establishment.—There is established in the Department an office to be known as the ‘Office of Cyber Engagement’ (in this section referred to as the ‘Office’).
“(b) Head of Office.— (1) The head of the Office shall be known as the ‘Director of Cyber Engagement’ (in this section referred to as the ‘Director’).
“(2) The Director shall be responsible for the functions of the Office and appointed by the Secretary in the Senior Executive Service.
“(3) The Director shall report to the Deputy Secretary or Secretary.
“(c) Functions.—The functions of the Office are the following:
“(1) To address cyber risks (including identity theft) to veterans, their families, caregivers, and survivors.
“(2) To develop, promote, and disseminate information and best practices regarding such cyber risks.
“(3) To coordinate with the Cybersecurity and Infrastructure Agency of the Department of Homeland Security and other Federal agencies.
“(4) Other functions determined by the Secretary.
“(d) Resources.—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities.
“(e) Inclusion of information on Office in annual report on Department activities.—The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding the following:
“324. Office of Cyber Engagement.”.
(c) Deadline.—The Secretary of Veterans Affairs shall establish the Office of Cyber Engagement under section 324 of such title, as added by subsection (a), not later than 90 days after the date of the enactment of this Act.
(d) Reporting.—Not later than 180 days after the date of the enactment of this Act and thrice semiannually thereafter, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding the progress of the Office of Cyber Engagement established under section 324 of such title, as added by subsection (a). Each report shall include the following:
(1) The number of individuals assisted by the Office of Cyber Engagement.
(2) The results of any assessments conducted by the Office.
(3) Progress in convening the working group described in subsection (c)(3) of such section.
(4) Other matters the Secretary determines appropriate.
(a) In general.—Section 721(b)(3) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)) is amended—
(A) in the heading, by adding “or assessment” at the end; and
(B) by striking “subsection (b) that concludes action under this section” and inserting “this subsection that concludes action under this section, or upon the Committee making a notification under paragraph (1)(C)(v)(III)(aa)(DD)”; and
(A) in subclause (I), by striking “and” at the end;
(B) in subclause (II), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(III) whether the transaction is described under clause (i), (ii), (iii), (iv), or (v) of subsection (a)(4)(B).”.
(1) IN GENERAL.—Section 1727(a) of the Foreign Investment Risk Review Modernization Act of 2018 (Public Law 115–232) is amended—
(A) in paragraph (3), by striking “(4)(C)(v)” and inserting “(4)(F)”; and
(B) in paragraph (4), by striking “subparagraph (B)” and inserting “subparagraph (C)”.
(2) EFFECTIVE DATE.—The amendments under paragraph (1) shall take effect on the date of enactment of the Foreign Investment Risk Review Modernization Act of 2018.
(a) In general.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:
“SEC. 711. Acquisition documentation.
“(a) In general.—For each major acquisition program, the Secretary, acting through the Under Secretary for Management, shall require the head of a relevant component or office to—
“(1) maintain acquisition documentation that is complete, accurate, timely, and valid, and that includes, at a minimum—
“(A) operational requirements that are validated consistent with departmental policy and changes to such requirements, as appropriate;
“(B) a complete lifecycle cost estimate with supporting documentation;
“(C) verification of such lifecycle cost estimate against independent cost estimates, and reconciliation of any differences;
“(D) a cost-benefit analysis with supporting documentation;
“(E) an integrated master schedule with supporting documentation;
“(F) plans for conducting systems engineering reviews and test and evaluation activities throughout development to support production and deployment decisions;
“(G) an acquisition plan that outlines the procurement approach, including planned contracting vehicles;
“(H) a logistics and support plan for operating and maintaining deployed capabilities until such capabilities are disposed of or retired; and
“(I) an acquisition program baseline that is traceable to the program’s operational requirements under subparagraph (A), life-cycle cost estimate under subparagraph (B), and integrated master schedule under subparagraph (E).
“(2) prepare cost estimates and schedules for major acquisition programs, as required under subparagraphs (B) and (E), in a manner consistent with best practices as identified by the Comptroller General of the United States;
“(3) ensure any revisions to the acquisition documentation maintained pursuant to paragraph (1) are reviewed and approved in accordance with departmental policy; and
“(4) submit certain acquisition documentation to the Secretary to produce for submission to Congress an annual comprehensive report on the status of departmental acquisitions.
“(b) Waiver.—On a case-by-case basis with respect to any major acquisition program under this section, the Secretary may waive the requirement under paragraph (3) of subsection (a) for a fiscal year if either—
“(A) entered the full rate production phase in the acquisition lifecycle;
“(B) had a reasonable cost estimate established; and
“(C) had a system configuration defined fully; or
“(2) such program does not meet the definition of capital asset, as such term is defined by the Director of the Office of Management and Budget.
“(c) Congressional oversight.—At the same time the President’s budget is submitted for a fiscal year under section 1105(a) of title 31, United States Code, the Secretary shall make information available, as applicable, to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the requirement described in subsection (a) in the prior fiscal year that includes the following specific information regarding each major acquisition program for which the Secretary has issued a waiver under subsection (b):
“(1) The grounds for granting a waiver for such program.
“(2) The projected cost of such program.
“(3) The proportion of a component’s or office’s annual acquisition budget attributed to such program, as available.
“(4) Information on the significance of such program with respect to the component’s or office’s operations and execution of its mission.
“(d) Definitions.—In this section:
“(1) ACQUISITION PROGRAM BASELINE.—The term ‘acquisition program baseline’, with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which shall be met to accomplish the goals of such program.
“(2) MAJOR ACQUISITION PROGRAM.—The term ‘major acquisition program’ means a Department acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2019 constant dollars) over its lifecycle cost.”.
(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding after the item related to section 710 the following new item:
“Sec. 711. Acquisition documentation.”.
(a) Definitions.—In this section:
(1) LARGE-SCALE NON-INTRUSIVE INSPECTION SYSTEM.—The term “large-scale, non-intrusive inspection system” means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car.
(2) SCANNING.—The term “scanning” means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car.
(b) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a plan to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives for increasing to 100 percent the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale non-intrusive inspection systems or similar technology to enhance border security.
(c) Baseline information.—The plan under subsection (b) shall include, at a minimum, the following information regarding large-scale non-intrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at land ports of entry and rail-border crossings as of the date of the enactment of this Act:
(1) An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.
(2) For each system or technology identified in the inventory under paragraph (1)—
(A) the scanning method of such system or technology;
(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;
(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and
(E) the number of personnel required to operate each system or technology.
(3) Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems.
(d) Elements.—The plan under subsection (b) shall include the following information:
(1) Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry.
(2) Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems or similar technology, and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
(3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased.
(4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments.
(e) Annual report.—Not later than 1 year after the submission of the plan under subsection (b), and biennially thereafter for the following 6 years, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the progress implementing the plan and includes—
(1) an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry;
(2) for each system or technology identified in the inventory required under paragraph (1)—
(A) the scanning method of such system or technology;
(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and
(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;
(3) the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable;
(4) a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned;
(5) a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (d)(2);
(6) any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;
(7) any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures; and
(8) any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges.
(a) Establishment of National Supply Chain Database.—Subject to the availability of funds as authorized under subsection (3), the Director of the National Institute of Standards and Technology (referred to in this Act as the “NIST”) shall establish a National Supply Chain Database that will assist the Nation in minimizing disruptions in the supply chain by having an assessment of United States manufacturers’ capabilities.
(b) Connections With State Manufacturing Extension Partnership.—
(1) IN GENERAL.—The infrastructure for the National Supply Chain Database shall be created through the Hollings Manufacturing Extension Partnership (MEP) program of the National Institute of Standards and Technology by connecting the Hollings Manufacturing Extension Partnerships Centers through the National Supply Chain Database.
(2) NATIONAL VIEW.—The connection provided through the National Supply Chain Database shall provide a national view of the supply chain and enable the National Institute of Standards and Technology to understand whether there is a need for some manufacturers to retool in some key areas to meet the need of urgent products, such as defense supplies, food, and medical devices, including personal protective equipment.
(3) INDIVIDUAL STATE DATABASES.—Each State’s supply chain database maintained by the NIST-recognized Manufacturing Extension Partnership Center within the State shall be complementary in design to the National Supply Chain Database.
(c) Maintenance of National Supply Chain Database.—The Hollings Manufacturing Extension Partnership program or its designee shall maintain the National Supply Chain Database as an integration of the State level databases from each State’s Manufacturing Extension Partnership Center and may be populated with information from past, current, or potential Center clients.
(1) IN GENERAL.—The National Supply Chain Database may—
(A) provide basic company information;
(B) provide an overview of capabilities, accreditations, and products;
(C) contain proprietary information; and
(D) include other items determined necessary by the Director of the NIST.
(2) SEARCHABLE DATABASE.—The National Supply Chain Database shall use the North American Industry Classification System (NAICS) Codes as follows:
(A) Sector 31-33 – Manufacturing.
(B) Sector 54 – Professional, Scientific, and Technical Services.
(C) Sector 48-49 – Transportation and Warehousing.
(3) LEVELS.—The National Supply Chain Database shall be multi-leveled as follows:
(A) Level 1 shall have basic company information and shall be available to the public.
(B) Level 2 shall have a deeper overview into capabilities, products, and accreditations and shall be available to all companies that contribute to the database and agree to terms of mutual disclosure.
(C) Level 3 shall hold proprietary information.
(4) EXEMPT FROM PUBLIC DISCLOSURE.—The National Supply Chain Database and any information related to it not publicly released by the NIST shall be exempt from public disclosure under section 552 of title 5, United States Code, and access to non-public content shall be limited to the contributing company and Manufacturing Extension Partnership Center staff who sign an appropriate non-disclosure agreement.
(e) Authorization of Appropriations.—There authorized to be appropriated to the Director of the NIST $10,000,000 for fiscal year 2021 to develop and launch the National Supply Chain Database.
Notwithstanding section 34(d)(2)(A)(iv) of the National Institute for Standards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each Manufacturing USA Institute (established under subsection (d) of such Act) shall, as appropriate, contract with a Hollings Manufacturing Extension Partnership Center (established under section 25 of such Act) in each State in which such Institute provides services, either directly or through another such Center, to provide defense industrial base-related outreach, technical assistance, workforce development, and technology transfer assistance to small and medium-sized manufacturers. No Center shall charge in excess of its standard rate for such services. Funds received by a Center through such a contract shall not constitute financial assistance under 25(e) of such Act.
(a) Determination on emergency supplies and relationship to state and local efforts.—
(1) DETERMINATION.—For the purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), the following materials shall be deemed to be scarce and critical materials essential to the national defense and otherwise meet the requirements of section 101(b) of such Act during the COVID–19 emergency period:
(A) Diagnostic tests, including serological tests, for COVID–19 and the reagents and other materials necessary for producing or conducting such tests.
(B) Personal protective equipment, including face shields, N–95 respirator masks, and any other masks determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic, and the materials to produce such equipment.
(C) Medical ventilators, the components necessary to make such ventilators, and medicines needed to use a ventilator as a treatment for any individual who is hospitalized for COVID–19.
(D) Pharmaceuticals and any medicines determined by the Food and Drug Administration or another Government agency to be effective in treating COVID–19 (including vaccines for COVID–19) and any materials necessary to produce or use such pharmaceuticals or medicines (including self-injection syringes or other delivery systems).
(E) Any other medical equipment or supplies determined by the Secretary of Health and Human Services or the Secretary of Homeland Security to be scarce and critical materials essential to the national defense for purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511).
(2) EXERCISE OF TITLE I AUTHORITIES IN RELATION TO CONTRACTS BY STATE AND LOCAL GOVERNMENTS.—In exercising authorities under title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) during the COVID–19 emergency period, the President (and any officer or employee of the United States to which authorities under such title I have been delegated)—
(A) may exercise the prioritization or allocation authority provided in such title I to exclude any materials described in paragraph (1) ordered by a State or local government that are scheduled to be delivered within 15 days of the time at which—
(i) the purchase order or contract by the Federal Government for such materials is made; or
(ii) the materials are otherwise allocated by the Federal Government under the authorities contained in such Act; and
(B) shall, within 24 hours of any exercise of the prioritization or allocation authority provided in such title I—
(i) notify any State or local government if the exercise of such authorities would delay the receipt of such materials ordered by such government; and
(ii) take such steps as may be necessary to ensure that such materials ordered by such government are delivered in the shortest possible period.
(3) UPDATE TO THE FEDERAL ACQUISITION REGULATION.—Not later than 15 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to reflect the requirements of paragraph (2)(A).
(b) Engagement with the private sector.—
(1) SENSE OF CONGRESS.—The Congress—
(A) appreciates the willingness of private companies not traditionally involved in producing items for the health sector to volunteer to use their expertise and supply chains to produce essential medical supplies and equipment;
(B) encourages other manufacturers to review their existing capacity and to develop capacity to produce essential medical supplies, medical equipment, and medical treatments to address the COVID–19 emergency; and
(C) commends and expresses deep appreciation to individual citizens who have been producing personal protective equipment and other materials for, in particular, use at hospitals in their community.
(A) DESIGNATION.—Consistent with the authorities in title VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et seq.), the Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Health and Human Services, shall designate or shall appoint, pursuant to section 703 of such Act (50 U.S.C. 4553), an individual to be known as the “Outreach Representative”. Such individual shall—
(i) be appointed from among individuals with substantial experience in the private sector in the production of medical supplies or equipment; and
(ii) act as the Government-wide single point of contact during the COVID–19 emergency for outreach to manufacturing companies and their suppliers who may be interested in producing medical supplies or equipment, including the materials described under subsection (a).
(B) ENCOURAGING PARTNERSHIPS.—The Outreach Representative shall seek to develop partnerships between companies, in coordination with the Supply Chain Stabilization Task Force or any overall coordinator appointed by the President to oversee the response to the COVID–19 emergency, including through the exercise of the authorities under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558).
(c) Enhancement of supply chain production.—In exercising authority under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) with respect to materials described in subsection (a), the President shall seek to ensure that support is provided to companies that comprise the supply chains for reagents, components, raw materials, and other materials and items necessary to produce or use the materials described in subsection (a).
(d) Oversight of current activity and needs.—
(1) RESPONSE TO IMMEDIATE NEEDS.—
(A) IN GENERAL.—Not later than 7 days after the date of the enactment of this Act, the President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall submit to the appropriate congressional committees a report assessing the immediate needs described in subparagraph (B) to combat the COVID–19 pandemic and the plan for meeting those immediate needs.
(B) ASSESSMENT.—The report required by this paragraph shall include—
(i) an assessment of the needs for medical supplies or equipment necessary to address the needs of the population of the United States infected by the virus SARS–CoV–2 that causes COVID–19 and to prevent an increase in the incidence of COVID–19 throughout the United States, including diagnostic tests, serological tests, medicines that have been approved by the Food and Drug Administration to treat COVID–19, and ventilators and medicines needed to employ ventilators;
(ii) based on meaningful consultations with relevant stakeholders, an identification of the target rate of diagnostic testing for each State and an assessment of the need for personal protective equipment and other supplies (including diagnostic tests) required by—
(I) health professionals, health workers, and hospital staff including supplies needed for worst case scenarios for surges of COVID–19 infections and hospitalizations;
(II) workers in industries and sectors described in the “Advisory Memorandum on Identification of Essential Critical Infrastructure Workers during the COVID–19 Response” issued by the Director of Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on April 17, 2020 (and any expansion of industries and sectors included in updates to such advisory memorandum);
(III) students, teachers, and administrators at primary and secondary schools; and
(IV) other workers determined to be essential based on such consultation;
(iii) an assessment of the quantities of equipment and supplies in the Strategic National Stockpile (established under section 319F–2 of the Public Health Service Act ((42 U.S.C. 247d–6b(a)(1))) as of the date of the report, and the projected gap between the quantities of equipment and supplies identified as needed in the assessment under clauses (i) and (ii) and the quantities in the Strategic National Stockpile;
(iv) an identification of the industry sectors and manufacturers most ready to fulfill purchase orders for such equipment and supplies (including manufacturers that may be incentivized) through the exercise of authority under section 303(e) of the Defense Production Act of 1950 (50 U.S.C. 4533(e)) to modify, expand, or improve production processes to manufacture such equipment and supplies to respond immediately to a need identified in clause (i) or (ii);
(v) an identification of Government-owned and privately-owned stockpiles of such equipment and supplies not included in the Strategic National Stockpile that could be repaired or refurbished;
(vi) an identification of previously distributed critical supplies that can be redistributed based on current need;
(vii) a description of any exercise of the authorities described under paragraph (1)(E) or (2)(A) of subsection (a); and
(viii) an identification of critical areas of need, by county and by areas identified by the Indian Health Service, in the United States and the metrics and criteria for identification as a critical area.
(C) PLAN.—The report required by this paragraph shall include a plan for meeting the immediate needs to combat the COVID–19 pandemic, including the needs described in subparagraph (B). Such plan shall include—
(i) each contract the Federal Government has entered into to meet such needs, including the purpose of each contract, the type and amount of equipment, supplies, or services to be provided under the contract, the entity performing such contract, and the dollar amount of each contract;
(ii) each contract that the Federal Government intends to enter into within 14 days after submission of such report, including the information described in subparagraph (B) for each such contract; and
(iii) whether any of the contracts described in clause (i) or (ii) have or will have a priority rating under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including purchase orders pursuant to Department of Defense Directive 4400.1 (or any successor directive), subpart A of part 101 of title 45, Code of Federal Regulations, or any other applicable authority.
(D) ADDITIONAL REQUIREMENTS.—The report required by this paragraph, and each update required by subparagraph (E), shall include—
(i) any requests for equipment and supplies from State or local governments and Indian Tribes, and an accompanying list of the employers and unions consulted in developing these requests;
(ii) any modeling or formulas used to determine allocation of equipment and supplies, and any related chain of command issues on making final decisions on allocations;
(iii) the amount and destination of equipment and supplies delivered;
(iv) an explanation of why any portion of any contract described under subparagraph (C), whether to replenish the Strategic National Stockpile or otherwise, will not be filled;
(v) of products procured under such contract, the percentage of such products that are used to replenish the Strategic National Stockpile, that are targeted to COVID–19 hotspots, and that are used for the commercial market;
(vi) a description of the range of prices for goods described in subsection (a), or other medical supplies and equipment that are subject to shortages, purchased by the United States Government, transported by the Government, or otherwise known to the Government, which shall also identify all such prices that exceed the prevailing market prices of such goods prior to March 1, 2020, and any actions taken by the Government under section 102 of the Defense Production Act of 1950 or similar provisions of law to prevent hoarding of such materials and charging of such increased prices between March 1, 2020, and the date of the submission of the first report required by this paragraph, and, for all subsequent reports, within each reporting period;
(vii) metrics, formulas, and criteria used to determine COVID–19 hotspots or areas of critical need for a State, county, or an area identified by the Indian Health Service;
(viii) production and procurement benchmarks, where practicable; and
(ix) results of the consultation with the relevant stakeholders required by subparagraph (B)(ii).
(E) UPDATES.—The President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall update such report every 14 days.
(F) PUBLIC AVAILABILITY.—The President shall make the report required by this paragraph and each update required by subparagraph (E) available to the public, including on a Government website.
(2) RESPONSE TO LONGER-TERM NEEDS.—
(A) IN GENERAL.—Not later than 14 days after the date of enactment of this Act, the President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall submit to the appropriate congressional committees a report containing an assessment of the needs described in subparagraph (B) to combat the COVID–19 pandemic and the plan for meeting such needs during the 6-month period beginning on the date of submission of the report.
(B) ASSESSMENT.—The report required by this paragraph shall include—
(i) an assessment of the elements describe in clauses (i) through (v) and clause (viii) of paragraph (1)(B);
(ii) an assessment of needs related to COVID–19 vaccines;
(iii) an assessment of the manner in which the Defense Production Act of 1950 could be exercised to increase services related to health surveillance to ensure that the appropriate level of contact tracing related to detected infections is available throughout the United States to prevent future outbreaks of COVID–19 infections; and
(iv) an assessment of any additional services needed to address the COVID–19 pandemic.
(C) PLAN.—The report required by this paragraph shall include a plan for meeting the longer-term needs to combat the COVID–19 pandemic, including the needs described in subparagraph (B). This plan shall include—
(i) a plan to exercise authorities under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) necessary to increase the production of the medical equipment, supplies, and services that are essential to meeting the needs identified in subparagraph (B), including the number of N–95 respirator masks and other personal protective equipment needed, based on meaningful consultations with relevant stakeholders, by the private sector to resume economic activity and by the public and nonprofit sectors to significantly increase their activities;
(ii) results of the consultations with the relevant stakeholders required by clause (i);
(iii) an estimate of the funding and other measures necessary to rapidly expand manufacturing production capacity for such equipment and supplies, including—
(I) any efforts to expand, retool, or reconfigure production lines;
(II) any efforts to establish new production lines through the purchase and installation of new equipment; or
(III) the issuance of additional contracts, purchase orders, purchase guarantees, or other similar measures;
(iv) each contract the Federal Government has entered into to meet such needs or expand such production, the purpose of each contract, the type and amount of equipment, supplies, or services to be provided under the contract, the entity performing such contract, and the dollar amount of each contract;
(v) each contract that the Federal Government intends to enter into within 14 days after submission of such report, including the information described in clause (iv) for each such contract;
(vi) whether any of the contracts described in clause (iv) or (v) have or will have a priority rating under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including purchase orders pursuant to Department of Defense Directive 4400.1 (or any successor directive), subpart A of part 101 of title 45, Code of Federal Regulations, or any other applicable authority; and
(vii) the manner in which the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) could be used to increase services necessary to combat the COVID–19 pandemic, including services described in subparagraph (B)(ii).
(D) UPDATES.—The President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall update such report every 14 days.
(E) PUBLIC AVAILABILITY.—The President shall make the report required by this subsection and each update required by subparagraph (D) available to the public, including on a Government website.
(3) REPORT ON EXERCISING AUTHORITIES UNDER THE DEFENSE PRODUCTION ACT OF 1950.—
(A) IN GENERAL.—Not later than 14 days after the date of the enactment of this Act, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) prior to the date of such report.
(B) CONTENTS.—The report required under subparagraph (A) and each update required under subparagraph (C) shall include, with respect to each exercise of such authority—
(i) an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2) of the Defense Production Act of 1950 (50 U.S.C. 4511(a)(2));
(ii) the cost of such exercise of authority; and
(I) the amount of goods that were purchased or allocated;
(II) an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and
(III) an identification of any entity that had shipments delayed by the exercise of any authority under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).
(C) UPDATES.—The President shall update the report required under subparagraph (A) every 14 days.
(D) PUBLIC AVAILABILITY.—The President shall make the report required by this subsection and each update required by subparagraph (C) available to the public, including on a Government website.
(4) QUARTERLY REPORTING.—The President shall submit to Congress, and make available to the public (including on a Government website), a quarterly report detailing all expenditures made pursuant to titles I, III, and VII of the Defense Production Act of 1950 50 U.S.C. 4501 et seq.).
(5) EXERCISE OF LOAN AUTHORITIES.—
(A) IN GENERAL.—Any loan made pursuant to section 302 or 303 of the Defense Production Act of 1950, carried out by the International Development Finance Corporation pursuant to the authorities delegated by Executive Order No. 13922, shall be subject to the notification requirements contained in section 1446 of the BUILD Act of 2018 (22 U.S.C. 9656).
(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—For purposes of the notifications required by subparagraph (A), the term “appropriate congressional committees”, as used section 1446 of the BUILD Act of 2018, shall be deemed to include the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing and Urban Development of the Senate.
(6) SUNSET.—The requirements of this subsection shall terminate on the later of—
(A) December 31, 2021; or
(B) the end of the COVID–19 emergency period.
(e) Enhancements to the Defense Production Act of 1950.—
(1) HEALTH EMERGENCY AUTHORITY.—Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended by adding at the end the following:
“(c) Health emergency authority.—With respect to a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act, or preparations for such a health emergency, the Secretary of Health and Human Services and the Administrator of the Federal Emergency Management Agency are authorized to carry out the authorities provided under this section to the same extent as the President.”.
(2) EMPHASIS ON BUSINESS CONCERNS OWNED BY WOMEN, MINORITIES, VETERANS, AND NATIVE AMERICANS.—Section 108 of the Defense Production Act of 1950 (50 U.S.C. 4518) is amended—
(A) in the heading, by striking “MODERNIZATION OF SMALL BUSINESS SUPPLIERS” and inserting “SMALL BUSINESS PARTICIPATION AND FAIR INCLUSION”;
(B) by amending subsection (a) to read as follows:
“(a) Participation and inclusion.—
“(1) IN GENERAL.—In providing any assistance under this Act, the President shall accord a strong preference for subcontractors and suppliers that are—
“(A) small business concerns; or
“(B) businesses of any size owned by women, minorities, veterans, and the disabled.
“(2) SPECIAL CONSIDERATION.—To the maximum extent practicable, the President shall accord the preference described under paragraph (1) to small business concerns and businesses described in paragraph (1)(B) that are located in areas of high unemployment or areas that have demonstrated a continuing pattern of economic decline, as identified by the Secretary of Labor.”; and
(C) by adding at the end the following:
“(c) Minority defined.—In this section, the term ‘minority’—
“(1) has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and
“(2) includes any indigenous person in the United States, including any territories of the United States.”.
(3) ADDITIONAL INFORMATION IN ANNUAL REPORT.—Section 304(f)(3) of the Defense Production Act of 1950 (50 U.S.C. 4534(f)(3)) is amended by striking “year.” and inserting “year, including the percentage of contracts awarded using Fund amounts to each of the groups described in section 108(a)(1)(B) (and, with respect to minorities, disaggregated by ethnic group), and the percentage of the total amount expended during such fiscal year on such contracts.”.
(4) DEFINITION OF NATIONAL DEFENSE.—Section 702(14) of the Defense Production Act of 1950 is amended by striking “and critical infrastructure protection and restoration” and inserting “, critical infrastructure protection and restoration, and health emergency preparedness and response activities”.
(f) Securing essential medical materials.—
(1) STATEMENT OF POLICY.—Section 2(b) of the Defense Production Act of 1950 (50 U.S.C. 4502) is amended—
(A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following:
“(3) authorities under this Act should be used when appropriate to ensure the availability of medical materials essential to national defense, including through measures designed to secure the drug supply chain, and taking into consideration the importance of United States competitiveness, scientific leadership and cooperation, and innovative capacity;”.
(2) STRENGTHENING DOMESTIC CAPABILITY.—Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended—
(A) in subsection (a), by inserting “(including medical materials)” after “materials”; and
(B) in subsection (b)(1), by inserting “(including medical materials such as drugs to diagnose, cure, mitigate, treat, or prevent disease that essential to national defense)” after “essential materials”.
(3) STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL ARTICLES.—Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by adding at the end the following:
“SEC. 109. Strategy on securing supply chains for medical materials.
“(a) In general.—Not later than 180 days after the date of the enactment of this section, the President, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Defense, shall transmit a strategy to the appropriate Members of Congress that includes the following:
“(1) A detailed plan to use the authorities under this title and title III, or any other provision of law, to ensure the supply of medical materials (including drugs to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense, to the extent necessary for the purposes of this Act.
“(2) An analysis of vulnerabilities to existing supply chains for such medical articles, and recommendations to address the vulnerabilities.
“(3) Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense; and
“(A) any significant effects resulting from the plan and measures described in this subsection on the production, cost, or distribution of vaccines or any other drugs (as defined under section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));
“(B) a timeline to ensure that essential components of the supply chain for medical materials are not under the exclusive control of a foreign government in a manner that the President determines could threaten the national defense of the United States; and
“(C) efforts to mitigate any risks resulting from the plan and measures described in this subsection to United States competitiveness, scientific leadership, and innovative capacity, including efforts to cooperate and proactively engage with United States allies.
“(b) Progress report.—Following submission of the strategy under subsection (a), the President shall submit to the appropriate Members of Congress an annual progress report evaluating the implementation of the strategy, and may include updates to the strategy as appropriate. The strategy and progress reports shall be submitted in unclassified form but may contain a classified annex.
“(c) Appropriate members of congress.—The term ‘appropriate Members of Congress’ means the Speaker, majority leader, and minority leader of the House of Representatives, the majority leader and minority leader of the Senate, the Chairman and Ranking Member of the Committees on Armed Services and Financial Services of the House of Representatives, and the Chairman and Ranking Member of the Committees on Armed Services and Banking, Housing, and Urban Affairs of the Senate.”.
(1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on ensuring that the United States Government has access to the medical supplies and equipment necessary to respond to future pandemics and public health emergencies, including recommendations with respect to how to ensure that the United States supply chain for diagnostic tests (including serological tests), personal protective equipment, vaccines, and therapies is better equipped to respond to emergencies, including through the use of funds in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534) to address shortages in that supply chain.
(2) REVIEW OF ASSESSMENT AND PLAN.—
(A) IN GENERAL.—Not later than 30 days after each of the submission of the reports described in paragraphs (1) and (2) of subsection (d), the Comptroller General of the United States shall submit to the appropriate congressional committees an assessment of such reports, including identifying any gaps and providing any recommendations regarding the subject matter in such reports.
(B) MONTHLY REVIEW.—Not later than a month after the submission of the assessment under subparagraph (A), and monthly thereafter, the Comptroller General shall issue a report to the appropriate congressional committees with respect to any updates to the reports described in paragraph (1) and (2) of subsection (d) that were issued during the previous 1-month period, containing an assessment of such updates, including identifying any gaps and providing any recommendations regarding the subject matter in such updates.
(h) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committees on Appropriations, Armed Services, Energy and Commerce, Financial Services, Homeland Security, and Veterans’ Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, Banking, Housing, and Urban Affairs, Health, Education, Labor, and Pensions, Homeland Security and Governmental Affairs, and Veterans’ Affairs of the Senate.
(2) COVID–19 EMERGENCY PERIOD.—The term “COVID–19 emergency period” means the period beginning on the date of enactment of this Act and ending after the end of the incident period for the emergency declared on March 13, 2020, by the President under Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic.
(3) RELEVANT STAKEHOLDER.—The term “relevant stakeholder” means—
(A) representative private sector entities;
(B) representatives of the nonprofit sector;
(C) representatives of primary and secondary school systems; and
(D) representatives of labor organizations representing workers, including unions that represent health workers, manufacturers, teachers, other public sector employees, and service sector workers.
(4) STATE.—The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(a) Amendment.—Section 47110 of title 49, United States Code, is amended by adding at the end the following:
“(j) Prohibition on provision of grant funds to entities that have violated intellectual property rights of United States entities.—
“(1) IN GENERAL.—Beginning on the date that is 30 days after the date of the enactment of this subsection, amounts provided as project grants under this subchapter may not be used to enter into a contract described in paragraph (2) with any entity on the list required by paragraph (3).
“(2) CONTRACT DESCRIBED.—A contract described in this paragraph is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.
“(A) IN GENERAL.—Not later than 30 days after the date of the enactment of this section, and thereafter as required by subparagraphs (B) and (C), the Administrator of the Federal Aviation Administration shall, based on information provided by the United States Trade Representative and the Attorney General, make available to the public a list of entities that—
“(i) (I) are owned or controlled by, or receive subsidies from, the government of a country—
“(aa) identified by the Trade Representative under subsection (a)(1) of section 182 of the Trade Act of 1974 (19 U.S.C. 2242) in the most recent report required by that section; and
“(bb) subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416); and
“(II) have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; or
“(ii) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in clause (i).
“(B) UPDATES TO LIST.—The Administrator shall update the list required by subparagraph (A), based on information provided by the Trade Representative and the Attorney General—
“(i) not less frequently than every 90 days during the 180-day period following the initial publication of the list under subparagraph (A); and
“(ii) not less frequently than annually during the 5-year period following the 180-day period described in clause (i).
“(C) CONTINUATION OF REQUIREMENT TO UPDATE LIST.—
“(i) IN GENERAL.—Not later than the end of the 5-year period described in subparagraph (B)(ii), the Administrator shall make a determination with respect to whether continuing to update the list required by subparagraph (A) is necessary to carry out this subsection.
“(ii) EFFECT OF DETERMINATION THAT UPDATES ARE NECESSARY.—If the Administrator determines under clause (i) that continuing to update the list required by subparagraph (A) is necessary, the Administrator shall continue to update the list, based on information provided by the Trade Representative and the Attorney General, not less frequently than annually.
“(iii) EFFECT OF DETERMINATION THAT UPDATES ARE NOT NECESSARY.—If the Administrator determines under clause (i) that continuing to update the list required by subparagraph (A) is not necessary, the Administrator shall, not later than 90 days after making the determination, submit to Congress a report on the determination and the reasons for the determination.”.
(b) Sunset.—The amendment made by subsection (a) shall not have any force or effect on and after September 30, 2023.
(a) In general.—The Secretary of Defense shall issue rules to require each company that produces or imports manufactured goods sold in the military commissary and exchange systems to file an annual report with the Secretary to disclose—
(1) whether any of such goods were—
(A) imported, directly or indirectly, from an entity that manufactures goods, including electronics, food products, textiles, shoes, and teas, that originated in the XUAR; or
(B) manufactured with materials that originated or are sourced in the XUAR; and
(2) with respect to any goods or materials described under subparagraph (A) or (B) of paragraph (1)—
(A) whether the goods or materials originated in forced labor camps; and
(B) whether the company or any affiliate of the company intends to continue with such importation.
(b) GAO report.—The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the disclosures required under subsection (a).
(c) Definitions.—In this section:
(1) FORCED LABOR CAMP.—The term “forced labor camp” means—
(A) any entity engaged in the “pairing assistance” program which subsidizes the establishment of manufacturing facilities in XUAR;
(B) any entity using convict labor, forced labor, or indentured labor described under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
(C) any other entity that the Secretary of Defense determines is appropriate.
(2) XUAR.—The term “XUAR” means the Xinjiang Uyghur Autonomous Region.
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees a plan to establish a Department of Defense Regional Center for Security Studies for the Arctic.
(2) ELEMENTS.—The plan required by paragraph (1) shall include the following:
(A) A description of the benefits of establishing such a center, including the manner in which the establishment of such a center would benefit United States and Department interests in the Arctic region.
(B) A description of the mission and purpose of such a center, including specific policy guidance from the Office of the Secretary of Defense.
(C) An analysis of suitable reporting relationships with the applicable combatant commands.
(D) An assessment of suitable locations for such a center that are—
(i) in proximity to other academic institutions that study security implications with respect to the Arctic region;
(ii) in proximity to the designated lead for Arctic affairs of the United States Northern Command;
(iii) in proximity to a central hub of assigned Arctic-focused Armed Forces so as to suitably advance relevant professional development of skills unique to the Arctic region; and
(iv) in a State located outside the contiguous United States.
(E) A description of the establishment and operational costs of such a center, including for—
(i) military construction for required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and staff; and
(iv) other costs the Secretary considers appropriate.
(F) An evaluation of the existing infrastructure, resources, and personnel available at military installations and at universities and other academic institutions hat could reduce the costs described in accordance with subparagraph (E).
(G) An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing.
(H) A description of potential courses and programs that such a center could carry out, including—
(i) core, specialized, and advanced courses;
(ii) potential planning workshops;
(iii) seminars;
(iv) confidence-building initiatives; and
(v) academic research.
(I) A description of any modification to title 10, United States Code, necessary for the effective operation of such a center.
(3) FORM.—The plan required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(1) IN GENERAL.—Not earlier than 30 days after the submittal of the plan required by subsection (a), and subject to the availability of appropriations, the Secretary of Defense may establish and administer a Department of Defense Regional Center for Security Studies for the Arctic, to be known as the “Ted Stevens Center for Arctic Security Studies”, for the purpose described in section 342(a) of title 10, United States Code.
(2) LOCATION.—The Ted Stevens Center for Arctic Security Studies may be located—
(A) in proximity to other academic institutions that study security implications with respect to the Arctic region;
(B) in proximity to the designated lead for Arctic affairs of the United States Northern Command; and
(C) in proximity to a central hub of assigned Arctic-focused Armed Forces so as to suitably advance relevant professional development of skills unique to the Arctic region.
(a) Relief for covered borrowers as a result of the COVID–19 national emergency.—
(1) STUDENT LOAN RELIEF AS A RESULT OF THE COVID–19 NATIONAL EMERGENCY.—The Secretary of the Treasury shall carry out a program under which the Secretary shall make payments, on behalf of a covered borrower, with respect to the private education loans of such borrower.
(2) PAYMENT AMOUNT.—Payments made under paragraph (1) with respect to a covered borrower shall be in an amount equal to the lesser of—
(A) the total amount of each private education loan of the borrower; or
(B) $10,000.
(3) NOTIFICATION OF BORROWERS.—Not later than 15 days following the date of enactment of this subsection, the Secretary shall notify each covered borrower of—
(A) the requirements to make payments under this section; and
(B) the opportunity for such borrower to make an election under paragraph (4)(A) with respect to the application of such payments to the private education loans of such borrower.
(A) ELECTION BY BORROWER.—Not later than 45 days after a notice is sent under paragraph (3), a covered borrower may elect to apply the payments made under this subsection with respect to such borrower under paragraph (1) to any private education loan of the borrower.
(i) IN GENERAL.—In the case of a covered borrower who does not make an election under subparagraph (A) before the date described in such subparagraph, the Secretary shall apply the amount determined with respect to such borrower under paragraph (1) in order of the private education loan of the borrower with the highest interest rate.
(ii) EQUAL INTEREST RATES.—In case of two or more private education loans described in clause (i) with equal interest rates, the Secretary shall apply the amount determined with respect to such borrower under paragraph (1) first to the loan with the highest principal.
(5) DATA TO IMPLEMENT.—Holders and servicers of private education loans made to covered borrowers shall report, to the satisfaction of the Secretary, the information necessary to calculate the amount to be paid under this subsection.
(6) RATABLE REDUCTION.—To the extent that amounts appropriated to carry out this section are insufficient to fully comply with the payments required under paragraph (2), the Secretary shall distribute available funds by ratably reducing the amounts required to be paid under such paragraph.
(b) Additional protections for covered borrowers.—
(1) LOAN MODIFICATION AFTER PAYMENT.—Each private education loan holder who receives a payment pursuant to subsection (a) shall, before the first payment due on the private education loan after the receipt of such payment (and taking into account any suspension of payments that may be required under any other provision of law), modify the loan, based on the payment made under subsection (a), to lower monthly payments due on the loan. Such modification may take the form of a re-amortization, a lowering of the applicable interest rate, or any other modification that would lower such payments.
(2) REPAYMENT PLAN AND FORGIVENESS TERMS.—Each private education loan holder who receives a payment pursuant to subsection (a) shall modify all private education loan contracts with respect to covered borrowers that it holds to provide for the same repayment plan and forgiveness terms available to Direct Loans borrowers under section 685.209(c) of title 34, Code of Federal Regulations, in effect as of January 1, 2020.
(3) TREATMENT OF STATE STATUTES OF LIMITATION.—For a covered borrower who has defaulted on a private education loan under the terms of the promissory note prior to any loan payment made under subsection (a), no payment made under such subsection shall be considered an event that impacts the calculation of the applicable State statutes of limitation.
(4) PROHIBITION ON PRESSURING BORROWERS.—
(A) IN GENERAL.—A private education loan debt collector or creditor may not pressure a covered borrower to elect to apply any amount received pursuant to subsection (a) to any private education loan.
(B) VIOLATIONS.—A violation of this paragraph is deemed—
(i) an unfair, deceptive, or abusive act or practice under Federal law in connection with any transaction with a consumer for a consumer financial product or service under section 1031 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5531); and
(ii) with respect to a violation by a debt collector, an unfair or unconscionable means to collect or attempt to collect any debt under section 808 of the Federal Debt Collection Practices Act (15 U.S.C. 1692f).
(C) PRESSURE DEFINED.—In this paragraph, the term “pressure” means any communication, recommendation, or other similar communication, other than providing basic information about a borrower’s options, urging a borrower to make an election described under subsection (a).
(c) Definitions.—In this section:
(1) COVERED BORROWER.—The term “covered borrower” means a borrower of a private education loan.
(2) FAIR DEBT COLLECTION PRACTICES ACT TERMS.—The terms “creditor” and “debt collector” have the meaning given those terms, respectively, under section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a).
(3) PRIVATE EDUCATION LOAN.—The term “private education loan” has the meaning given the term in section 140 of the Truth in Lending Act (15 U.S.C. 1650).
(4) SECRETARY.—The term “Secretary” means the Secretary of the Treasury.
(a) Definitions.—In this section—
(1) the term “appropriate committees of Congress” means—
(A) the Select Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, and the Committee on Homeland Security of the House of Representatives;
(2) the term “covered entity” means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to construct, expand, or modernize a facility relating to the fabrication, assembly, testing, advanced packaging, or advanced research and development of semiconductors;
(3) the term “covered incentive” means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2);
(4) the term “governmental entity” means a State or local government;
(5) the term “Secretary” means the Secretary of Commerce; and
(6) the term “semiconductor” has the meaning given the term by the Secretary.
(1) IN GENERAL.—The Secretary shall establish in the Department of Commerce a program that, in accordance with the requirements of this section, provides grants to covered entities to incentivize investment of semiconductor fabrication facilities, or assembly, testing, advanced packaging, or advanced research and development of semiconductors in the United States.
(A) IN GENERAL.—A covered entity shall submit to the Secretary an application that describes the project for which the covered entity is seeking a grant under this section.
(B) ELIGIBILITY.—In order for a covered entity to qualify for a grant under this section, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that—
(i) the covered entity has a documented interest in constructing, expanding, or modernizing a facility described in subsection (a)(2); and
(ii) with respect to the project described in clause (i), the covered entity has—
(I) been offered a covered incentive;
(II) made commitments to worker and community investment, including through—
(aa) training and education benefits paid by the covered entity; and
(bb) programs to expand employment opportunity for economically disadvantaged individuals; and
(III) secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals.
(C) CONSIDERATIONS FOR REVIEW.—With respect to the review by the Secretary of an application submitted by a covered entity under subparagraph (A)—
(i) the Secretary may not approve the application unless the Secretary—
(I) confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B);
(II) determines that the project to which the application relates is in the interest of the United States; and
(III) has notified the appropriate committees of congress 15 days before making any commitment to provide a grant to any covered entity that exceeds $10,000,000; and
(ii) the Secretary may consider whether—
(I) the covered entity has previously received a grant made under this subsection;
(II) the governmental entity offering the applicable covered incentive has benefitted from a grant previously made under this subsection; and
(III) to the extent practicable, the covered entity is considered a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632), notwithstanding section 121.103 of title 13, Code of Federal Regulations.
(3) AMOUNT.—The Secretary shall not award more than $3,000,000,000 to a covered entity under this subsection.
(4) USE OF FUNDS.—A covered entity that receives a grant under this subsection may only use the grant amounts to—
(A) finance the construction, expansion, or modernization of a facility described in subsection (a)(2), as documented in the application submitted by the covered entity under paragraph (2)(A), or for similar uses in state of practice and legacy facilities, as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States;
(B) support workforce development for the facility described in subparagraph (A); or
(C) support site development for the facility described in subparagraph (A).
(A) The Secretary shall recover the full amount with interest of a grant provided to a covered entity under this subsection if—
(i) as of the date that is 5 years after the date on which the Secretary makes the grant, the project to which the grant relates has not been completed, except that the Secretary may issue a waiver with respect to the requirement under this subparagraph if the Secretary determines that issuing such a waiver is appropriate and in the interests of the United States; or
(ii) during the applicable term with respect to the grant, the covered entity engages in any joint research or technology licensing effort—
(I) with the Government of the People’s Republic of China, the Government of the Russian Federation, the Government of Iran, the Government of North Korea, or other foreign entity of concern; and
(II) that relates to a sensitive technology or product, as determined by the Secretary; and
(B) the Secretary shall recover up to the full amount with interest of a grant provided to a covered entity if the Secretary determines that commitments required under paragraph (2) have not been fully implemented, except that the Secretary may issue a waiver with respect to the requirement under this subparagraph if the Secretary determines that issuing such a waiver is appropriate and in the interests of the United States.
(c) Consultation and coordination required.—In carrying out the program established under subsection (b), the Secretary shall consult and coordinate with the Secretary of State and the Secretary of Defense.
(d) Inspector general reviews.—The Inspector General of the Department of Commerce shall—
(1) not later than 2 years after the date of enactment of this Act, and biennially thereafter until the date that is 10 years after that date of enactment, conduct a review of the program established under subsection (b), which shall include, at a minimum—
(A) a determination of the number of instances in which grants were provided under that subsection during the period covered by the review in violation of a requirement of this section;
(i) the program is being carried out, including how recipients of grants are being selected under the program; and
(ii) other Federal programs are leveraged for manufacturing, research, and training to complement the grants awarded under the program; and
(C) a description of the outcomes of projects supported by grants made under the program, including a description of—
(i) facilities described in subsection (a)(2) that were constructed, expanded, or modernized as a result of grants made under the program;
(ii) research and development carried out with grants made under the program; and
(iii) workforce training programs carried out with grants made under the program, including efforts to hire individuals from disadvantaged populations; and
(2) submit to the appropriate committees of Congress the results of each review conducted under paragraph (1).
(a) In general.—Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Commerce and the Secretary of Homeland Security, in consultation with the Secretary of Defense and the heads of other appropriate Federal departments and agencies, shall undertake a review, which shall include a survey, using authorities in section 705 of the Defense Production Act (50 U.S.C. 4555), to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial base of foreign countries with respect to the manufacture, design, and end use of semiconductors.
(b) Response to survey.—The Secretary shall ensure compliance with the survey from among all relevant potential respondents, including the following:
(1) Corporations, partnerships, associations, or any other organized groups domiciled and with substantial operations in the United States.
(2) Corporations, partnerships, associations, or any other organized groups domiciled in the United States with operations outside the United States.
(3) Foreign domiciled corporations, partnerships, associations, or any other organized groups with substantial operations or business presence in, or substantial revenues derived from, the United States.
(c) Information requested.—The information sought from a responding entity pursuant to the survey required by subsection (a) shall include, at minimum, information on the following with respect to the manufacture, design, or end use of semiconductors by such entity:
(1) An identification of the geographic scope of operations.
(2) Information on relevant cost structures.
(3) An identification of types of semiconductors development, manufacture, assembly, test, and packaging equipment in operation at such entity.
(4) An identification of all relevant intellectual property, raw materials, and semi-finished goods and components sourced domestically and abroad by such entity.
(5) Specifications of the semiconductors manufactured or designed by such entity, descriptions of the end-uses of such semiconductors, and a description of any technical support provided to end-users of such semiconductors by such entity.
(6) Information on domestic and export market sales by such entity.
(7) Information on the financial performance, including income and expenditures, of such entity.
(8) A list of all foreign and domestic subsidies, and any other financial incentives, received by such entity in each market in which such entity operates.
(9) A list of regulatory or other informational requests about the entities’ operations, sales, or other proprietary information by the Government of the People’s Republic of China, entities under its direction or officials of the CCP, a description of the nature of the request, and the type of information provided.
(10) Information on any joint ventures, technology licensing agreements, and cooperative research or production arrangements of such entity.
(11) A description of efforts by such entity to evaluate and control supply chain risks it faces.
(12) A list and description of any sales, licensing agreements, or partnerships between such entity and the People’s Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales, licensing agreements, or partnerships may occur.
(1) IN GENERAL.—The Secretary of Commerce shall, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other appropriate Federal departments and agencies, submit to Congress a report on the results of the review required by subsection (a). The report shall include the following:
(A) An assessment of the results of the survey.
(B) A list of critical technology areas impacted by potential disruptions in production of semiconductors, and a detailed description and assessment of the impact of such potential disruptions on such areas.
(C) A description and assessment of gaps and vulnerabilities in the semiconductors supply chain and the national industrial supply base.
(2) FORM.—The report required by paragraph (1) may be submitted appropriate committees of Congress in classified form.
(a) Multilateral semiconductor security fund.—
(1) ESTABLISHMENT OF FUND.—There is established in the Treasury of the United States a trust fund, to be known as the “Multilateral Semiconductor Security Fund” (in this section referred to as the “Fund”), consisting of any appropriated funds credited to the Fund.
(2) PURPOSE.—The purpose of the Fund shall be to work with and support a variety of stakeholders, including governments, businesses, academia, and civil society, and allies or partner nations who are members of the Fund and are critical to the global semiconductor supply chain in order to build safe and secure semiconductor supply chains outside of and devoid of entities from countries subject to a United States embargo. Considerations for building safe and secure semiconductor supply chains include, but are not limited to—
(A) relevant semiconductor designs;
(B) chemicals and materials relevant to the semiconductor industry;
(C) semiconductor design tools;
(D) semiconductor manufacturing equipment; and
(E) basic and applied semiconductor research capability.
(3) RESTRICTION OF USE OF FUNDS.—
(A) AVAILABILITY CONTINGENT ON INTERNATIONAL AGREEMENT.—Amounts in the Fund shall be available to the Secretary of State, subject to appropriation, on and after the date on which the Secretary enters into an agreement with at least 5 other governments of countries that are allies or partners of the United States that are critical to the global semiconductor supply chain to participate in the common funding mechanism under subsection (b)(1) and the commitments described in paragraph (2) of that subsection.
(B) LIMITATION.—At no point during fiscal years 2021 through 2030 shall a United States contribution cause the cumulative total of United States contributions to exceed 33 percent of the total contributions to the Fund from all sources.
(C) NOTIFICATION.—The Secretary of State shall notify the appropriate congressional committees not later than 15 days in advance of making a contribution to the Fund, including—
(i) the amount of the proposed contribution;
(ii) the total of funds contributed by other donors; and
(iii) the national interests served by United States participation in the Fund.
(i) SUPPORT FOR ACTS OF INTERNATIONAL TERRORISM.—If at any time the Secretary of State determines that the Fund has provided assistance to a country, the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) has repeatedly provided support for acts of international terrorism, the United States shall immediately withhold contributions to the Fund and cease participating in Fund activities.
(ii) SUPPORT FOR EMBARGOED COUNTRIES.—If at any time the Secretary of State determines that the Fund, or any investments made by the fund, has supported the semiconductor supply chain of or an entity with a substantial nexus to the semiconductor supply chain of a country under a United States embargo, the United States shall immediately withhold contributions and no longer make any contributions until it certifies that non-market economies do not stand to benefit from investments made from the Fund.
(iii) EXCESSIVE SALARIES.—If at any time during any of the fiscal years 2021 through 2025, the Secretary of State determines that the salary of any individual employed by the Fund exceeds the salary of the Vice President of the United States for that fiscal year, then the United States should withhold from its contribution for the next fiscal year an amount equal to the aggregate amount by which the salary of each such individual exceeds the salary of the Vice President of the United States.
(4) ENSURING PERMANENT MEMBER STATUS.—If at any time the Secretary of State certifies that the United States does not have a permanent representative to the Board of Trustees as established in paragraph (6), the Secretary shall withhold contributions to the Fund until the Secretary certifies that the United States is given a permanent seat.
(A) IN GENERAL.—The Fund should be governed by a Board of Trustees, to be composed of representatives of participating allies and partners that are donors or participants in the Fund. The Board of Trustees should include—
(i) 5 permanent member countries, who qualify based upon meeting an established initial contribution threshold, whose contributions should cumulatively be not less than 50 percent of total contributions, and who should hold veto power over programs and projects; and
(ii) 5 term members, as appropriate, who are selected by the permanent members on the basis of their commitment to building a free secure semiconductor supply chain.
(B) QUALIFICATIONS.—Individuals appointed to the Board shall have demonstrated knowledge and experience in the fields of semiconductors, semiconductor manufacturing, and supply chain management.
(C) UNITED STATES REPRESENTATION.—
(I) FOUNDING PERMANENT MEMBER.—The Secretary of State shall seek to establish the United States as a founding permanent member of the Fund.
(II) COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES TO ADVANCE SEMICONDUCTOR SUPPLY CHAIN SECURITY.—The Secretary of State shall appoint an individual qualified as according to subparagraph (B) of this subsection to represent the United States on the Board of Trustees.
(ii) EFFECTIVE AND TERMINATION DATES.—
(I) EFFECTIVE DATE.—This paragraph shall take effect upon the date the Secretary of State, in coordination with the Secretary of the Treasury, certifies and transmits to Congress an agreement establishing the Fund.
(II) TERMINATION DATE.—The membership established pursuant to clause (i) shall terminate upon the date of termination of the Fund.
(D) REMOVAL PROCEDURES.—The Fund shall establish procedures for the removal of member donors of the Board who do not abide by the Fund’s core objectives as defined in paragraph (4) of this section.
(A) IN GENERAL.—Amounts in the Fund shall remain available through the end of the 10th fiscal year beginning after the date of the enactment of this Act.
(B) REMAINDER TO TREASURY.—Any amounts remaining in the Fund after the end of the fiscal year described in subparagraph (A) shall be deposited in the general fund of the Treasury.
(b) Common funding mechanism for development and adoption of secure semiconductor and secure semiconductor supply chains.—
(1) IN GENERAL.—The Secretary of State, in consultation with the Secretary of Commerce, Secretary of Energy, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, and the Director of National Intelligence, shall seek to establish a common funding mechanism, in coordination with the governments of countries that are Members of the Fund, that uses amounts from the Fund, and amounts committed by such governments, to support those efforts described in subsection (a).
(2) MUTUAL COMMITMENTS.—The Secretary of State, in consultation with the United States Trade Representative, the Secretary of Treasury, and the Secretary of Commerce, shall seek to negotiate a set of mutual commitments with the governments of countries that are Members of the Fund upon which to condition any expenditure of funds pursuant to the common funding mechanism described in paragraph (1). Such commitments shall, at a minimum—
(A) develop common policies for the protection of basic and applied research in both academic and commercial settings;
(B) develop common reporting requirements for researchers participating in talents programs of countries subject to a United States arms embargo;
(C) establish substantially similar if not identical export controls licensing requirements for all segments of the semiconductor supply chain;
(D) establish substantially similar if not identical policies for inbound investment from entities with a substantial nexus to countries subject to an embargo in all segments of the semiconductor supply chain;
(E) establish harmonized treatment of semiconductors and verification processes for the importation of semiconductors or items incorporating semiconductors from embargoed countries;
(F) establish common policies on protecting knowledge, know-how, and personnel from migrating to embargoed countries or taking employment with entities with a substantial nexus to these countries;
(G) develop common policies, including disclosure requirements and restrictions, on outbound investments, including index funds, into entities that support or contribute to the development of the semiconductor industry in countries subject to an embargo;
(H) establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to semiconductor firms located in or outside such countries;
(I) establish consistent policies with respect to countries that—
(i) are not participating in the common funding mechanism; and
(ii) do not meet transparency requirements established under subparagraph (H);
(J) promote harmonized treatment of semiconductor and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism;
(K) establish a consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to semiconductor; and
(L) align policies on supply chain integrity and semiconductor security.
(3) ANNUAL REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter for each fiscal year during which amounts in the Fund are available under subsection (a), the Secretary of State shall submit to Congress a report on the status of the implementation of this section that includes a description of—
(A) any commitments made by the governments of countries that are partners of the United States to providing funding for the common funding mechanism described in subsection (b)(1) and the specific amount so committed;
(B) the criteria established for expenditure of funds through the common funding mechanism;
(C) how, and to whom, amounts have been expended from the Fund;
(D) amounts remaining in the Fund;
(E) the progress of the Secretary of State toward entering into an agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism and the commitments described in subsection (b)(2); and
(F) any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States.
(4) GAO REPORT ON TRUST FUND EFFECTIVENESS.—Not later than 2 years after the date that the Fund is formally established, the Comptroller General of the United States shall submit to the appropriate congressional committees a report evaluating the effectiveness of the Fund, including—
(A) the effectiveness of the programs, projects, and activities supported by the Fund; and
(B) an assessment of the merits of continued United States participation in the Fund.
(a) Appropriate committees of congress.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Financial Services, the Committee on Education and Labor and the Committee on Homeland Security of the House of Representatives.
(b) Sense of congress.—It is the sense of Congress that the leadership of the United States in semiconductor technology and innovation is critical to the economic growth and national security of the United States.
(c) Subcommittee on semiconductor leadership.—
(1) ESTABLISHMENT REQUIRED.—The President shall establish in the National Science and Technology Council a subcommittee on matters relating to leadership of the United States in semiconductor technology and innovation.
(2) DUTIES.—The duties of the subcommittee established under paragraph (1) are as follows:
(A) NATIONAL STRATEGY ON SEMICONDUCTOR RESEARCH.—
(i) DEVELOPMENT.—In coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Labor, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology and in consultation with the semiconductor industry and academia, develop a national strategy on semiconductor research, development, manufacturing, and supply chain security, including guidance for the funding of research, and strengthening of the domestic semiconductors workforce.
(ii) REPORTING AND UPDATES.—Not less frequently than once every 5 years, to update the strategy developed under clause (i) and to submit the revised strategy to the appropriate committees of Congress.
(iii) IMPLEMENTATION.—In coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Secretary of Commerce, the Secretary of Homeland Security, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology, on an annual basis coordinate and recommend each agency’s semiconductor related research and development programs and budgets to ensure consistency with the National Semiconductor Strategy.
(B) FOSTERING COORDINATION OF RESEARCH AND DEVELOPMENT.—To foster the coordination of semiconductor research and development.
(3) SUNSET.—The subcommittee established under paragraph (1) shall terminate on the date that is 10 years after the date of enactment of this Act.
(d) Industrial advisory committee.—The President shall establish a standing subcommittee of the President’s Council of Advisors on Science and Technology to advise the United States Government on matters relating to semiconductors policy.
(e) National semiconductor technology center.—
(1) ESTABLISHMENT.—The Secretary of Commerce shall establish a national semiconductor technology center to conduct research and prototyping of advanced semiconductor technology to strengthen the economic competitiveness and security of the domestic supply chain, which will be operated as a public private-sector consortium with participation from the private sector, the Department of Defense, the Department of Energy, the Department of Homeland Security, the National Science Foundation, and the National Institute of Standards and Technology.
(2) FUNCTIONS.—The functions of the center established under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor manufacturing, design research, and prototyping that strengthens the entire domestic ecosystem and is aligned with the National Strategy on Semiconductor Research.
(B) To establish a National Advanced Packaging Manufacturing Program led by the National Institute of Standards and Technology, in coordination with the Center, to strengthen semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem, and which shall coordinate with the Manufacturing USA institute established under paragraph (4).
(C) To establish an investment fund, in partnership with the private sector, to support startups in the domestic semiconductor ecosystem.
(D) To establish a Semiconductor Manufacturing Program through the Director of the National Institute of Standards and Technology to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will accelerate the underlying research and development for metrology of next generation semiconductors and ensure the competitiveness and leadership of the United States within this sector.
(E) To work with the Secretary of Labor, the private sector, educational institutions, and workforce training entities to develop workforce training programs and apprenticeships in advanced semiconductor packaging capabilities.
(3) COMPONENTS.—The fund established under paragraph (2)(C) shall cover the following:
(A) Advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes.
(B) Metrology for security and supply chain verification.
(4) CREATION OF A MANUFACTURING USA INSTITUTE.—The fund established under paragraph (2)(C) may also cover the creation of a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)) that is focused on semiconductor manufacturing. Such institute may emphasize the following:
(A) Research to support the virtualization and automation of maintenance of semiconductor machinery.
(B) Development of new advanced test, assembly and packaging capabilities.
(C) Developing and deploying educational and skills training curricula needed to support the industry sector and ensure the United States can build and maintain a trusted and predictable talent pipeline.
(f) Authorizations of appropriations.—
(1) NATIONAL SEMICONDUCTOR TECHNOLOGY CENTER.—
(A) IN GENERAL.—There is authorized to be appropriated to carry out subsection (e), $914,000,000 for fiscal year 2021—
(i) of which, $300,000,000 shall be available to carry out subsection (e)(2)(A);
(ii) of which, $500,000,000 shall be available to carry out subsection (e)(2)(B);
(iii) of which, $50,000,000 shall be available to carry out subsection (e)(2)(C);
(iv) of which, $50,000,000 shall be available to carry out subsection (e)(2)(D)—
(I) of which, $2,000,000 shall be available for each of fiscal year 2021 to carry out subsection (e)(3)(A);
(II) of which, $2,000,000 shall be available for fiscal years 2021 o carry out subsection (e)(3)(B); and
(III) of which, $5,000,000 shall be available for fiscal year 2021 to carry out subsection (e)(4); and
(v) of which, $14,000,000 shall be available to carry out subsection (e)(2)(E).
(2) SEMICONDUCTOR RESEARCH AT NATIONAL SCIENCE FOUNDATION.—There is authorized to be appropriated to carry out programs at the National Science Foundation on semiconductor research in alignment with the National Strategy on Semiconductor Research, $300,000,000 for fiscal year 2021.
(3) SEMICONDUCTORS RESEARCH AT THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—There is authorized to be appropriated to carry out semiconductors research at the National Institute of Standards and Technology $50,000,000 for fiscal year 2021.
(g) Supplement, not supplant.—The amounts authorized to be appropriated under paragraphs (1) through (3) of subsection (f) shall supplement and not supplant amounts already appropriated to carry out the purposes described in such paragraphs.
(h) Domestic production requirements.—The head of any executive agency receiving funding under this section shall develop policies to require domestic production, to the extent possible, for any intellectual property resulting from semiconductors research and development conducted as a result of these funds and domestic control requirements to protect any such intellectual property from foreign adversaries.
(1) In this subtitle, the term “foreign entity” means—
(i) controlled by, or is subject to the jurisdiction or direction of a foreign government;
(ii) who acts as an agent, representative, is an employee of, or acts in any other capacity at the order, request, or under the direction or control, of a foreign government;
(iii) whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an interest as described in subparagraph (B) of this subsection;
(iv) who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an interest as described in subparagraph (B) of this subsection, or has significant responsibility to control, manage, or such an interest;
(v) who is a citizen or resident, wherever located, of a nation-state controlled by a foreign government; or
(B) any organization, corporation, partnership or association—
(i) organized under the laws of a nation-state controlled by a foreign government; or
(ii) wherever organized or doing business, that is owned or controlled by a foreign government.
(2) In this subtitle, the term “foreign entity of concern” means any foreign entity (as defined by paragraph (1) of this section)—
(A) designated as a foreign terrorist organization by the Secretary of State under section 1189 of title 8;
(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; or
(C) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under any of the following statutes:
(i) Espionage Act (18 U.S.C. 792 et seq.).
(ii) Section 951 or 1030 of title 18.
(iii) Economic Espionage Act (18 U.S.C. 1831 et seq.).
(iv) Arms Export Control Act (22 U.S.C. 2778).
(v) Section 2274, 2275, 2276, 2277, 2278, or 2284 of title 42.
(vi) Export Control Reform Act (50 U.S.C. 4801 et seq.).
(vii) International Economic Emergency Powers Act (50 U.S.C. 1701 et seq.).
(b) Limitation.—None of the funds appropriated pursuant to an authorization in this subtitle may be provided to a grantee that is determined to be a foreign entity of concern (as defined by this subtitle).
This subtitle may be cited as the “Biliteracy Education Seal and Teaching Act” or the “BEST Act”.
Congress finds the following:
(1) The people of the United States celebrate cultural and linguistic diversity and seek to prepare students with skills to succeed in the 21st century.
(2) It is fitting to commend the dedication of students who have achieved proficiency in multiple languages and to encourage their peers to follow in their footsteps.
(3) The congressionally requested Commission on Language Learning, in its 2017 report “America's Languages: Investing in Language Education for the 21st Century”, notes the pressing national need for more people of the United States who are proficient in two or more languages for national security, economic growth, and the fulfillment of the potential of all people of the United States.
(4) The Commission on Language Learning also notes the extensive cognitive, educational, and employment benefits deriving from biliteracy.
(5) Biliteracy in general correlates with higher graduation rates, higher grade point averages, higher rates of matriculation into higher education, and higher earnings for all students, regardless of background.
(6) The study of America’s languages in elementary and secondary schools should be encouraged because it contributes to a student’s cognitive development and to the national economy and security.
(7) Recognition of student achievement in language proficiency will enable institutions of higher education and employers to readily recognize and acknowledge the valuable expertise of bilingual students in academia and the workplace.
(8) States such as Utah, Arizona, Washington, and New Mexico have developed innovative testing methods for languages, including Native American languages, where no formal proficiency test currently exists.
(9) The use of proficiency in a government-recognized official Native American language as the base language for a Seal of Biliteracy, with proficiency in any additional partner language demonstrated through tested proficiency, has been successfully demonstrated in Hawaii.
(10) Students in every State and every school should be able to benefit from a Seal of Biliteracy program.
In this subtitle:
(1) ESEA DEFINITIONS.—The terms “English learner”, “secondary school”, and “State” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) NATIVE AMERICAN LANGUAGES.—The term “Native American languages” has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).
(3) SEAL OF BILITERACY PROGRAM.—The term “Seal of Biliteracy program” means any program described in section 1834(a) that is established or improved, and carried out, with funds received under this subtitle.
(4) SECOND LANGUAGE.—The term “second language” means any language other than English (or a Native American language, pursuant to section 1834(a)(2)), including Braille, American Sign Language, or a Classical language.
(5) SECRETARY.—The term “Secretary” means the Secretary of Education.
(a) Establishment of program.—
(1) IN GENERAL.—From amounts made available under subsection (f), the Secretary shall award grants, on a competitive basis, to States to enable the States to establish or improve, and carry out, Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language.
(2) INCLUSION OF NATIVE AMERICAN LANGUAGES.—Notwithstanding paragraph (1), each Seal of Biliteracy program shall contain provisions allowing the use of Native American languages, including allowing speakers of any Native American language recognized as official by any American government, including any Tribal government, to use equivalent proficiency in speaking, reading, and writing in the Native American language in lieu of proficiency in speaking, reading, and writing in English.
(3) DURATION.—A grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary.
(4) RENEWAL.—At the end of a grant term, a State that receives a grant under this section may reapply for a grant under this section.
(5) LIMITATIONS.—A State shall not receive more than 1 grant under this section at any time.
(6) RETURN OF UNSPENT GRANT FUNDS.—Each State that receives a grant under this section shall return any unspent grant funds not later than 6 months after the date on which the term for the grant ends.
(b) Grant application.—A State that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including—
(1) a description of the criteria a student must meet to demonstrate the proficiency in speaking, reading, and writing in both languages necessary for the State Seal of Biliteracy program;
(2) a detailed description of the State's plan—
(A) to ensure that English learners and former English learners are included in the State Seal of Biliteracy program;
(i) all languages, including Native American languages, can be tested for the State Seal of Biliteracy program; and
(ii) Native American language speakers and learners are included in the State Seal of Biliteracy program, including students at tribally controlled schools and at schools funded by the Bureau of Indian Education; and
(C) to reach students, including eligible students described in subsection (c)(2) and English learners, their parents, and schools with information regarding the State Seal of Biliteracy program;
(3) an assurance that a student who meets the requirements under paragraph (1) and subsection (c) receives—
(A) a permanent seal or other marker on the student's secondary school diploma or its equivalent; and
(B) documentation of proficiency on the student's official academic transcript; and
(4) an assurance that a student is not charged a fee for providing information under subsection (c)(1).
(c) Student participation in a Seal of Biliteracy program.—
(1) IN GENERAL.—To participate in a Seal of Biliteracy program, a student shall provide information to the State that serves the student at such time, in such manner, and including such information and assurances as the State may require, including an assurance that the student has met the criteria established by the State under subsection (b)(1).
(2) STUDENT ELIGIBILITY FOR PARTICIPATION.—A student who gained proficiency in a second language outside of school may apply under paragraph (1) to participate in a Seal of Biliteracy program.
(d) Use of funds.—Grant funds made available under this section shall be used for—
(1) the administrative costs of establishing or improving, and carrying out, a Seal of Biliteracy program that meets the requirements of subsection (b); and
(2) public outreach and education about the Seal of Biliteracy program.
(e) Report.—Not later than 18 months after receiving a grant under this section, a State shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program for which the State received the grant.
(f) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2021 through 2025.
This subtitle may be cited as the “Accountability for World Bank Loans to China Act of 2019”.
The Congress finds as follows:
(1) Possessing more than $3,000,000,000,000 in foreign exchange reserves, the People’s Republic of China has devoted state resources to establish the Asian Infrastructure Investment Bank, the New Development Bank, and activities under the Belt and Road Initiative, potentially creating rivals to the multilateral development banks led by the United States and its allies.
(2) The International Bank for Reconstruction and Development (IBRD), the World Bank’s primary financing institution for middle-income countries, ceases to finance (“graduates”) countries that are able to sustain long-term development without recourse to Bank resources.
(3) The IBRD examines a country’s potential graduation when the country reaches the Graduation Discussion Income (GDI), which amounts to a Gross National Income (GNI) per capita of $6,975.
(4) The World Bank calculates China’s GNI per capita as equivalent to $9,470.
(5) According to the Center for Global Development, China has received $7,800,000,000 in IBRD commitments since crossing the GDI threshold in 2016.
(a) In general.—The United States Governor of the International Bank for Reconstruction and Development (IBRD) shall instruct the United States Executive Director at the IBRD that it is the policy of the United States to—
(1) pursue the expeditious graduation of the People’s Republic of China from assistance by the IBRD, consistent with the lending criteria of the IBRD; and
(2) until the graduation of China from IBRD assistance, prioritize projects in China that contribute to global public goods, to the extent practicable.
(b) Sunset.—Subsection (a) shall have no force or effect on or after the earlier of—
(1) the date that is 7 years after the date of the enactment of this Act; or
(2) the date that the Secretary of the Treasury reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that termination of subsection (a) is important to the national interest of the United States, with a detailed explanation of the reasons therefor.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the United States Governor of the International Bank for Reconstruction and Development (in this section referred to as the “IBRD”) shall submit the report described in subsection (b) to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate.
(b) Report described.—The report described in this subsection shall include the following:
(1) A detailed description of the efforts of the United States Governor of the IBRD to enforce the timely graduation of countries from the IBRD, with a particular focus on the efforts with regard to the People’s Republic of China.
(2) If the People’s Republic of China is a member country of the IBRD, an explanation of any economic or political factors that have prevented the graduation of the People’s Republic of China from the IBRD.
(3) A discussion of any effects resulting from fungibility and IBRD lending to China, including the potential for IBRD lending to allow for funding by the government of the People’s Republic of China of activities that may be inconsistent with the national interest of the United States.
(4) An action plan to help ensure that the People’s Republic of China graduates from the IBRD within 2 years after submission of the report, consistent with the lending eligibility criteria of the IBRD.
(c) Waiver of requirement that report include action plan.—The Secretary of the Treasury may waive the requirement of subsection (b)(4) on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver is important to the national interest of the United States, with a detailed explanation of the reasons therefor.
Within 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall, in consultation with the Secretary of State, submit to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report (which should be submitted in unclassified form but may include a classified annex) that includes the following:
(1) An assessment of the level of indebtedness of countries receiving assistance through the Belt and Road Initiative that are also beneficiary countries of the international financial institutions, including the level and nature of indebtedness to the People’s Republic of China or an entity owned or controlled by the government of the People’s Republic of China.
(2) An analysis of debt management assistance provided by the World Bank, the International Monetary Fund, and the Office of Technical Assistance of the Department of the Treasury to borrowing countries of the Belt and Road Initiative of the People’s Republic of China (or any comparable initiative or successor initiative of China).
(3) An assessment of the effectiveness of United States efforts, including bilateral efforts and multilateral efforts, at the World Bank, the International Monetary Fund, other international financial institutions and international organizations to promote debt transparency.
This subtitle may be cited as the “Employment Fairness for Taiwan Act of 2020”.
It is the sense of the Congress that—
(1) Taiwan is responsible for remarkable achievements in economic and democratic development, with its per capita gross domestic product rising in purchasing power parity terms from $3,470 in 1980 to more than $55,000 in 2018;
(2) the experience of Taiwan in creating a vibrant and advanced economy under democratic governance and the rule of law can inform the work of the international financial institutions, including through the contributions and insights of Taiwan nationals; and
(3) Taiwan nationals who seek employment at the international financial institutions should not be held at a disadvantage in hiring because the economic success of Taiwan has rendered it ineligible for financial assistance from such institutions.
(a) In general.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to seek to ensure that Taiwan nationals are not discriminated against in any employment decision by the institution, including employment through consulting or part-time opportunities, on the basis of—
(1) whether they are citizens or nationals of, or holders of a passport issued by, a member country of, or a state or other jurisdiction that receives assistance from, the international financial institution; or
(2) any other consideration that, in the determination of the Secretary, unfairly disadvantages Taiwan nationals with respect to employment at the institution.
(b) International financial institution defined.—In this section, the term “international financial institution” has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act.
(c) Waiver authority.—The Secretary of the Treasury may waive subsection (a) for not more than 1 year at a time after reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that providing the waiver—
(1) will substantially promote the objective of equitable treatment for Taiwan nationals at the international financial institutions; or
(2) is in the national interest of the United States, with a detailed explanation of the reasons therefor.
(d) Progress report.—The Chairman of the National Advisory Council on International Monetary and Financial Policies shall submit to the committees specified in subsection (c) an annual report, in writing, that describes the progress made toward advancing the policy described in subsection (a), and a summary of employment trends with respect to Taiwan nationals at the international financial institutions.
(e) Sunset.—The preceding provisions of this section shall have no force or effect beginning with the earlier of—
(1) the date that is 7 years after the date of the enactment of this Act; or
(2) the date that the Secretary of the Treasury reports to the committees specified in subsection (c) that each international financial institution has adopted the policy described in subsection (a).
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2021”.
(a) Expiration of authorizations after three years.—Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024.
(b) Exception.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds for fiscal year 2024 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Titles XXI through XXVII and title XXIX shall take effect on the later of—
(1) October 1, 2020; or
(2) the date of the enactment of this Act.
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Alaska | Fort Wainwright | $91,500,000 |
| Arizona | Yuma Proving Ground | $14,000,000 |
| Colorado | Fort Carson | $28,000,000 |
| Georgia | Fort Gillem | $71,000,000 |
| Fort Gordon | $80,000,000 | |
| Hawaii | Fort Shafter | $26,000,000 |
| Schofield Barracks | $39,000,000 | |
| Wheeler Army Air Field | $89,000,000 | |
| Louisiana | Fort Polk | $25,000,000 |
| Oklahoma | McAlester Army Ammunition Plant | $35,000,000 |
| Virginia | Humphreys Engineer Center | $51,000,000 |
(a) Construction and acquisition.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, and in the amounts, set forth in the following table:
| State/Country | Installation | Units | Amount |
| Italy | Vicenza | Family Housing New Construction | $84,100,000 |
| Kwajalein | Kwajalein Atoll | Family Housing Replacement Construction | $32,000,000 |
(b) Planning and design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,300,000.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
The Secretary of the Army may not commence the military construction project authorized by section 2101(b) at Kwajalein Atoll, as specified in the funding table in section 4601, and none of the funds authorized to be appropriated by this Act for that military construction project may be obligated or expended, until the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a design plan for the project that ensures that, upon completion of the project, the project will be resilient to 15 inches of sea level rise and periods of complete inundation and wave-overwash predicted during the 10-year period beginning on the date of the enactment of this Act.
In the case of the authorization contained in the table in section 2102(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2689) for Camp Walker, Korea, for family housing new construction, as specified in the funding table in section 4601 of such Act (130 Stat. 2883), the Secretary of the Army may construct an elevated walkway between two existing parking garages to connect children’s playgrounds.
(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Arizona | Marine Corps Air Station Yuma | $99,600,000 |
| California | Marine Corps Base Camp Pendleton | $68,530,000 |
| Naval Air Station Lemoore | $187,220,000 | |
| Naval Base San Diego | $128,500,000 | |
| Marine Corps Air Ground Combat Center Twentynine Palms | $76,500,000 | |
| Guam | Andersen Air Force Base | $21,280,000 |
| Joint Region Marianas | $546,550,000 | |
| Hawaii | Joint Base Pearl Harbor-Hickam | $114,900,000 |
| Maine | Portsmouth Naval Shipyard | $715,000,000 |
| Nevada | Fallon Range Training Complex | $29,040,000 |
| Virginia | Naval Station Norfolk | $30,400,000 |
(b) Outside the united states.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Bahrain Island | Naval Support Activity Bahrain | $68,340,000 |
| Greece | Naval Support Activity Souda Bay | $50,180,000 |
| Spain | Naval Station Rota | $60,110,000 |
(a) Family housing.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $5,854,000.
(b) Improvements to military family housing units.—Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $37,043,000.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| California | Edwards Air Force Base | $40,000,000 |
| Guam | Joint Region Marianas | $56,000,000 |
| New Jersey | Joint Base McGuire-Dix-Lakehurst | $22,000,000 |
| Texas | Joint Base San Antonio | $19,500,000 |
| Virginia | Joint Base Langley-Eustis | $19,500,000 |
(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table:
| Country | Installation or Location | Amount |
| Qatar | Al Udeid | $26,000,000 |
(a) Family housing.—Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,969,000.
(b) Improvements to military family housing units.—Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $94,245,000.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(a) Modification of project authority.—In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1826) for Royal Air Force Lakenheath, United Kingdom, for construction of a 2,384 square-meter Consolidated Corrosion Control Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2004), the Secretary of the Air Force may construct a 2,700 square-meter Consolidated Corrosion Control and Wash Rack Facility.
(b) Modification of project amounts.—
(1) DIVISION B TABLE.—The authorization table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1826) is amended in the item relating to Royal Air Force Lakenheath, United Kingdom, by striking “$136,992,000” and inserting “$172,292,000” to reflect the project modification made by subsection (a).
(2) DIVISION D TABLE.—The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 2004) is amended in the item relating to Royal Air Force Lakenheath, Consolidated Corrosion Control Facility, by striking “$20,000” in the Conference Authorized column and inserting “$55,300” to reflect the project modification made by subsection (a).
(a) Eielson air force base, alaska.—In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Eielson Air Force Base, Alaska, for construction of a F–35 CATM Range, as specified in the funding table in section 4601 of such Act (132 Stat. 2404), the Secretary of the Air Force may construct a 426 square-meter outdoor range with covered and heated firing lines.
(b) Barksdale air force base, louisiana.—
(1) MODIFICATION OF PROJECT AUTHORITY.—In the case of the authorization contained in table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Barksdale Air Force Base, Louisiana, for construction of an Entrance Road and Gate Complex the Secretary of the Air Force may construct a 190 square meter visitor control center, 44 square meter gate house, 124 square meter privately owned vehicle inspection facility, 338 square meter truck inspection facility and a 45 square meter gatehouse.
(2) PROJECT CONDITIONS.—The military construction project referred to in paragraph (1) shall be carried out consistent with the Unified Facilities Criteria relating to Entry Control Facilities and applicable construction guidelines of the Department of the Air Force. Construction in a flood plain is authorized, subject to the condition that the Secretary of the Air Force include appropriate mitigation measures.
(3) MODIFICATION OF PROJECT AMOUNTS.—
(A) DIVISION B TABLE.—The authorization table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) is amended in the item relating to Barksdale Air Force Base, Louisiana, by striking “$12,250,000” and inserting “$48,000,000” to reflect the project modification made by paragraph (1).
(B) DIVISION D TABLE.—The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2404) is amended in the item relating to Barksdale Air Force Base, Louisiana, by striking “$12,250” in the Conference Authorized column and inserting “$48,000” to reflect the project modification made by paragraph (1).
(c) Royal air force lakenheath, united kingdom.—In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for construction of a 485 square-meter F–35A ADAL Conventional Munitions MX, as specified in the funding table of section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 1,206 square-meter maintenance facility for such purpose.
(d) Force protection and safety.—The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2406) is amended in the item relating to Force Protection and Safety under Military Construction, Air Force, by striking “$35,000” in the Conference Authorized column and inserting “$50,000” to reflect amounts appropriated for such purpose.
(a) Tyndall air force base, florida.—In the case of the authorizations contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—
(1) for construction of an Auxiliary Ground Equipment Facility, as specified in the funding table in section 4603 of such Act (133 Stat. 2103), the Secretary of the Air Force may construct up to 4,770 square meters of aircraft support equipment storage;
(2) for construction of Dorm Complex Phase 1, as specified in such funding table, the Secretary of the Air Force may construct up to 18,770 square meters of visiting quarters;
(3) for construction of Lodging Facilities Phase 1, as specified in such funding table, the Secretary of the Air Force may construct up to 12,471 meters of visiting quarters.
(4) for construction of an Operations Group/Maintenance Group HQ at the installation, as specified in such funding table, the Secretary of the Air Force may construct up to 3,420 square meters of headquarters;
(5) for construction of Ops/Aircraft Maintenance Unit/Hangar number 2 and Ops/Aircraft Maintenance Unit/Hangar number 3, as specified in such funding table, the Secretary of the Air Force may construct 2,127 square meters of squadron operations and 2,875 square meters of aircraft maintenance unit for each project;
(6) for construction of a Security Forces Mobility Storage Facility, as specified in such funding table, the Secretary of the Air Force may construct up to 930 square meters of equipment storage; and
(7) for construction of Site Development, Utilities, and Demolition Phase 2, as specified in such funding table, the Secretary of the Air Force may construct up to 7,000 meters of storm water piping, box culverts, underground detention, and grading for surface detention.
(b) Offutt air force base, nebraska.—In the case of the authorizations contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1913) for Offutt Air Force Base, Nebraska—
(1) for construction of an Emergency Power Microgrid, as specified in the funding table in section 4603 of such Act (133 Stat. 2104), the Secretary of the Air Force may construct seven 2.5-megawatt diesel engine generators, seven diesel exhaust fluid systems, 15-kV switchgear, two import/export inter-ties, five import-only inter-ties, and 800 square meters of switchgear facility;
(2) for construction of a Flightline Hangars Campus, as specified in such funding table, the Secretary of the Air Force may construct 445 square meter of petroleum operations center, 268 square meters of de-icing liquid storage, and 173 square meters of warehouse; and
(3) for construction of a Lake Campus, as specified in such funding table, the Secretary of the Air Force may construct 240 square meters of recreation complex and 270 square meters of storage;
(4) for construction of a Logistics Readiness Squadron Campus, as specified in such funding table, the Secretary of the Air Force may construct 2,536 square meters of warehouse; and
(5) for construction of a Security Campus, as specified in such funding table, the Secretary of the Air Force may construct 4,218 square meters of operations center and 1,343 square meters of military working dog kennel.
(c) Joint base langley-Eustis, virginia.—In the case of the authorization contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1913) for Joint Base Langley-Eustis, Virginia, for construction of a Dormitory at the installation, as specified in the funding table in section 4603 of such Act (133 Stat. 2104), the Secretary of the Air Force may construct up to 6,720 square meters of dormitory.
(a) Authorization of omitted Spangdahlem Air Base family housing project.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1869) and available for military family housing functions, the Secretary of the Air Force may carry out the military family housing project at Spangdahlem Air Base, Germany, as specified in the funding table in section 4601 of such Act (133 Stat. 2099).
(b) Correction of amount authorized for family housing improvements.—Section 2303 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1869) is amended by striking “$53,584,000” and inserting “$46,638,000” to reflect the amount specified in the funding table in section 4601 of such Act (133 Stat. 2099) for Construction Improvements under Family Housing Construction, Air Force.
(a) Inside the united states.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alabama | Anniston Army Depot | $18,000,000 |
| Alaska | Fort Greely | $48,000,000 |
| Arizona | Fort Huachuca | $33,728,000 |
| Marine Corps Air Station Yuma | $49,500,000 | |
| California | Beale Air Force Base | $22,800,000 |
| Colorado | Fort Carson | $15,600,000 |
| CONUS Unspecified | CONUS Unspecified | $14,400,000 |
| Florida | Hurlburt Field | $83,120,000 |
| Kentucky | Fort Knox | $69,310,000 |
| New Mexico | Kirtland Air Force Base | $46,600,000 |
| North Carolina | Fort Bragg | $113,800,000 |
| Ohio | Wright-Patterson Air Force Base | $23,500,000 |
| Texas | Fort Hood | $32,700,000 |
| Virginia | Joint Expeditionary Base Little Creek-Story | $112,500,000 |
| Washington | Joint Base Lewis-McChord | $21,800,000 |
| Navy Fuel Depot Manchester | $82,000,000 |
(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table:
| Country | Installation or Location | Amount |
| Japan | Defense Fuel Support Point Tsurumi | $49,500,000 |
(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alabama | Fort Rucker | $24,000,000 |
| Arkansas | Ebbing Air National Guard Base | $2,600,000 |
| California | Marine Corps Air Ground Combat Center Twentynine Palms | $11,646,000 |
| Military Ocean Terminal Concord | $29,000,000 | |
| Naval Support Activity Monterey | $10,540,000 | |
| Naval Air Weapons Station China Lake | $8,950,000 | |
| District of Columbia | Joint Base Anacostia-Bolling | $44,313,000 |
| Georgia | Fort Benning | $17,000,000 |
| Maryland | Naval Support Activity Bethesda | $13,840,000 |
| Naval Support Activity South Potomac | $18,460,000 | |
| Missouri | Whiteman Air Force Base | $17,310,000 |
| Nevada | Creech Air Force Base | $32,000,000 |
| North Carolina | Fort Bragg | $6,100,000 |
| Ohio | Wright-Patterson Air Force Base | $35,000,000 |
| Tennessee | Memphis Air National Guard Base | $4,780,000 |
| Virginia | Naval Medical Center Portsmouth | $611,000 |
| Surface Combat Systems Center Wallops Island | $9,100,000 |
(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installation or location outside the United States, and in the amount, set forth in the following table:
| Country | Installation or Location | Amount |
| Italy | Naval Support Activity Naples | $3,490,000 |
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
(a) Authorization for Planning and design.—Of the amounts authorized to be appropriated for research, development, test, and evaluation, Air Force, for fiscal year 2021, for the Ground Based Strategic Deterrent, as specified in the funding table in section 4201, the Secretary of the Air Force may use not more than $15,000,000 for the purpose of obtaining or carrying out necessary planning and construction design in connection with military construction projects and other infrastructure projects necessary to support the development and fielding of the Ground Based Strategic Deterrent weapon system.
(b) Air Force Project Management and Supervision.—Each contract entered into by the United States for a military construction project or other infrastructure project in connection with the development and fielding of the Ground Based Strategic Deterrence weapon system shall be carried out under the direction and supervision of the Secretary of the Air Force. The Secretary may utilize and consult with the Air Force Civil Engineer Center, the Army Corps of Engineers, and the Naval Facilities Engineering Command for subject matter expertise, contracting capacity, and other support as determined to be necessary by the Secretary to carry out this section.
(c) Use of Single Prime Contractor.—The Secretary of the Air Force may award contracts for planning and construction design and for military construction projects and other infrastructure projects authorized by law in connection with the development and fielding of the Ground Based Strategic Deterrent weapon system to a single prime contractor if the Secretary determines that awarding the contracts to a single prime contractor—
(1) is in the best interest of the Government; and
(2) is necessary to ensure the proper synchronization and execution of work related to the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated military construction projects and other infrastructure projects.
(d) Exceptions to current law.—The Secretary of the Air Force may carry out this section without regard to the following provisions of law:
(1) Section 2304 of title 10, United States Code.
(2) Section 2807(a) of such title.
(3) Section 2851(a) of such title.
(e) Expiration of Authority.—The authorities provided by this section shall expire upon the earlier of the following:
(1) The date that is 15 years after the date of the enactment of this Act.
(2) The date on which the Secretary of the Air Force submits to the congressional defense committees a certification that the fielding of the Ground Based Strategic Deterrent weapon system is complete.
(f) Report Required.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report describing the plans to synchronize the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated military construction projects and other infrastructure projects. The report shall contain, at minimum, the following elements:
(1) A description of the estimated total cost, scope of work, location, and schedule for the planning and design, military construction, and other infrastructure investments necessary to support the development and fielding of the Ground Based Strategic Deterrent weapon system.
(2) A recommendation regarding the methods by which a programmatic military construction authorization, authorization of appropriations, and appropriation, on an installation-by-installation basis, could be used to support the synchronized development and fielding of the Ground Based Strategic Deterrent and its associated military construction projects and other infrastructure projects.
(3) Identification of the specific provisions of law, if any, that the Secretary determines may adversely impact or delay the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated construction projects, assuming, as described in paragraph (2), the use of a programmatic military construction authorization on an installation-by-installation basis.
(4) A plan to ensure sufficient capability and capacity to cover civilian and military manning for oversight and contract management related to the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated construction projects.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
(a) Authorization.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
(b) Authority To carry out project and recognize NATO authorization amounts as budgetary resources for project execution.—When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may carry out the project and recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
| Component | Installation or Location | Project | Amount |
| Army | Camp Carroll | Site Development | $49,000,000 |
| Army | Camp Humphreys | Attack Reconnaissance Battalion Hangar | $99,000,000 |
| Army | Camp Humphreys | Hot Refuel Point | $35,000,000 |
| Navy | COMROKFLT Naval Base, Busan | Maritime Operations Center | $26,000,000 |
| Air Force | Daegu Air Base | AGE Facility and Parking Apron | $14,000,000 |
| Air Force | Kunsan Air Base | Backup Generator Plant | $19,000,000 |
| Air Force | Osan Air Base | Aircraft Corrosion Control Facility (Phase 3) | $12,000,000 |
| Air Force | Osan Air Base | Child Development Center | $20,000,000 |
| Air Force | Osan Air Base | Munitions Storage Area Delta (Phase 1) | $84,000,000 |
| Defense-Wide | Camp Humphreys | Elementary School | $58,000,000 |
Pursuant to agreement with the State of Qatar for required in-kind contributions, the Secretary of Defense may accept military construction projects for Al Udeid Air Base in the State of Qatar, and in the amounts, set forth in the following table:
| Component | Installation | Project | Amount |
| Air Force | Al Udeid | Billet (A12) | $63,000,000 |
| Billet (BI2) | $63,000,000 | ||
| Billet (D l 0) | $77,000,000 | ||
| Billet (009) | $77,000,000 | ||
| Billet (007) | $77,000,000 | ||
| Armory/Mount | $7,200,000 | ||
| Billet (A06) | $77,000,000 | ||
| Dining Facility | $14,600,000 | ||
| Billet (BOS) | $77,000,000 | ||
| Billet (B04) | $77,000,000 | ||
| Billet (A04) | $77,000,000 | ||
| Billet (AOS) | $77,000,000 | ||
| Dining Facility | $14,600,000 | ||
| MSG (Base Operations Support Facility) | $9,300,000 | ||
| ITN (Communications Facility) | $3,500,000 |
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| Arizona | National Guard Armory Tucson | $18,100,000 |
| Colorado | Peterson Air Force Base | $15,000,000 |
| Indiana | Army Aviation Support Facility Shelbyville | $12,000,000 |
| Kentucky | Boone National Guard Center Frankfort | $15,000,000 |
| Mississippi | National Guard Armory Brandon | $10,400,000 |
| Nebraska | National Guard Armory North Platte | $9,300,000 |
| New Jersey | Joint Base McGuire-Dix-Lakehurst | $15,000,000 |
| Ohio | Beightler Armory Columbus | $15,000,000 |
| Oregon | Hermiston National Guard Armory | $25,035,000 |
| Puerto Rico | Fort Allen | $37,000,000 |
| South Carolina | Joint Base Charleston | $15,000,000 |
| Tennessee | National Guard Armory McMinnville | $11,200,000 |
| Texas | National Guard Readiness Center Fort Worth | $13,800,000 |
| Utah | National Guard Armory Nephi | $12,000,000 |
| Virgin Islands | LTC Lionel A. Jackson Armory St. Croix | $39,400,000 |
| Wisconsin | National Guard Armory Appleton | $11,600,000 |
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| Florida | Reserve Center Gainesville | $36,000,000 |
| Massachusetts | Devens Reserve Forces Training Area | $8,700,000 |
| North Carolina | Reserve Center Asheville | $24,000,000 |
| Wisconsin | Fort McCoy | $14,600,000 |
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out the military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| Maryland | Reserve Training Center, Camp Fretterd Reisterstown | $39,500,000 |
| Utah | Hill Air Force Base | $25,010,000 |
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| Alabama | Montgomery Regional Airport Air National Guard Base | $11,600,000 |
| Guam | Joint Region Marianas | $20,000,000 |
| Maryland | Joint Base Andrews | $9,400,000 |
| Texas | Joint Base San Antonio | $10,800,000 |
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve location inside the United States, and in the amount, set forth in the following table:
| State | Location | Amount |
| Texas | Naval Air Station Joint Reserve Base Fort Worth | $14,200,000 |
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
In the case of the authorization contained in the table in section 2601 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1875) for Anniston Army Depot, Alabama, for construction of an Enlisted Transient Barracks, as specified in the funding table in section 4601 of such Act (133 Stat. 2096), the Secretary of the Army may carry out the project at Fort McClellan, Alabama.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
(a) Limitation on amount of funds available for national emergency.—Section 2808 of title 10, United States Code, is amended—
(1) by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; and
(2) by inserting after subsection (a) the following new subsection:
“(c) Limitation on amount of funds available for national emergency.— (1) Except as provided in paragraph (2), in the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $500,000,000.
“(2) In the event of a national emergency declaration in which the construction authority described in subsection (a) will be used only within the United States, the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $100,000,000.”.
(b) Additional conditions on source of funds.—Section 2808(a) of title 10, United States Code, is amended by striking the second sentence and inserting the following new subsection:
“(b) Conditions on sources of funds.—A military construction project to be undertaken using the construction authority described in subsection (a) may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that—
“(1) remain unobligated as of the date on which the first contract would be entered into in connection with that military construction project undertaken using such authority; and
“(2) are available because the military construction project for which the funds were appropriated—
“(A) has been canceled; or
“(B) has reduced costs as a result of project modifications or other cost savings.”.
(c) Waiver of other provisions of law.—Section 2808 of title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
“(d) Waiver of other provisions of law in event of national emergency.—In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, the authority provided by such subsection to waive or disregard another provision of law that would otherwise apply to a military construction project authorized by this section may be used only if—
“(1) such other provision of law does not provide a means by which compliance with the requirements of the law may be waived, modified, or expedited; and
“(2) the Secretary of Defense determines that the nature of the national emergency necessitates the noncompliance with the requirements of the law.”.
(d) Additional notification requirements.—Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1), is amended—
(1) by striking “of the decision” and all that follows through the end of the subsection and inserting the following: of the following:
“(A) The reasons for the decision to use the construction authority described in subsection (a), including, in the event of a declaration by the President of a national emergency, the reasons why use of the armed forces is required in response to the declared national emergency.
“(B) The construction projects to be undertaken using the construction authority described in subsection (a), including, in the event of a declaration by the President of a national emergency, an explanation of how each construction project directly supports the immediate security, logistical, or short-term housing and ancillary supporting facility needs of the members of the armed forces used in the national emergency.
“(C) The estimated cost of the construction projects to be undertaken using the construction authority described in subsection (a), including the cost of any real estate action pertaining to the construction projects, and certification of compliance with the funding conditions imposed by subsections (b) and (c).
“(D) Any determination made pursuant to subsection (d)(2) to waive or disregard another provision of law to undertake any construction project using the construction authority described in subsection (a).
“(E) The military construction projects, including any military family housing and ancillary supporting facility projects, whose cancellation, modification, or other cost savings result in funds being available to undertake construction projects using the construction authority described in subsection (a) and the possible impact of the cancellation or modification of such military construction projects on military readiness and the quality of life of members of the armed forces and their dependents.”; and
(2) by adding at the end the following new paragraph:
“(2) In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, a construction project to be undertaken using such construction authority may be carried out only after the end of the five-day period beginning on the date the notification required by paragraph (1) is received by the appropriate committees of Congress.”.
(e) Clerical Amendments.—Section 2808 of title 10, United States Code, is further amended—
(1) in subsection (a), by inserting “Construction authorized.—” after “(a)”;
(2) in subsection (e), as redesignated by subsection (a)(1), by inserting “Notification requirement.—(1)” after “(e)”; and
(3) in subsection (f), as redesignated by subsection (a)(1), by inserting “Termination of authority.—” after “(f)”.
(f) Exception for pandemic mitigation and response projects.—Subsections (b), (c), (d) of section 2808 of title 10, United States Code, as added by this section, shall not apply to a military construction project commenced under the authority of subsection (a) of such section 2808 during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) if the Secretary of Defense determines that the military construction project will directly support pandemic mitigation and response efforts of health care providers or support members of the Armed Forces directly participating in such pandemic mitigation and response efforts. Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1) and amended by subsection (d) of this section, shall still apply to any such military construction project.
Section 2805(f)(3) of title 10, United States Code, is amended by striking “2022” and inserting “2027”.
(a) Elimination of submission to Comptroller General.—Section 2853(f) of title 10, United States Code, is amended—
(1) in paragraphs (1) and (3), by striking “and the Comptroller General of the United States”; and
(2) by striking paragraph (6).
(b) Synchronization of notification requirements.—Section 2853(c)(1) of title 10, United States Code, is amended by inserting after “cost increase” in the matter preceding subparagraph (A) the following: “(subject to subsection (f))”.
(a) Additional purposes authorized.—Paragraph (1) of section 2869(a) of title 10, United States Code, is amended by striking “the real property, to transfer” and all that follows through the end of the paragraph and inserting the following: the real property—
“(A) to transfer to the United States all right, title, and interest of the person in and to a parcel of real property, including any improvements thereon under the person’s control;
“(B) to carry out a land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations; or
“(C) to provide installation-support services (as defined in 2679(e) of this title), a replacement facility, or improvements to an existing facility, as agreed upon between the Secretary concerned and the person.”.
(b) Requirements for Acceptance of Replacement Facilities.—Section 2869(a) of title 10, United States Code, is further amended by adding at the end the following new paragraph:
“(3) The Secretary concerned may agree to accept a replacement facility or improvements to an existing facility under paragraph (1)(C) only if the Secretary concerned determines that the replacement facility or improvements—
“(A) are completed and usable, fully functional, and ready for occupancy;
“(B) satisfy all operational requirements; and
“(C) meet all Federal, State, and local requirements applicable to the facility relating to health, safety, and the environment.”.
(c) Fair market value requirement.—Section 2869(b)(1) of title 10, United States Code, is amended—
(1) in the first sentence, by striking “of the land to be” and inserting “of the real property, installation-support services, replacement facility, or improvements to an existing facility”; and
(2) in the second sentence, by striking “of the land is less than the fair market value of the real property to be conveyed” and inserting “of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, replacement facility, or improvements received by the Secretary”.
(d) Relation to Other Military Construction Requirements.—Section 2869 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(h) Relation to Other Military Construction Requirements.—The acquisition of real property or an interest therein, a replacement facility, or improvements to an existing facility using the authority provided by this section shall not be treated as a military construction project for which an authorization is required by section 2802 of this title.”.
(e) Delayed implementation of amendments.—The amendments made by this section shall take effect on the date of the enactment of this Act, but the Secretary concerned (as defined in section 2801(c)(5) of title 10, United States Code) may not enter into any real estate transaction authorized by such amendments until after the date on which the Secretary of Defense issues final regulations providing for the implementation of such amendments by the Department of Defense.
(a) Replacement of notice and wait authority.—Section 2914 of title 10, United States Code, is amended to read as follows:
Ҥ 2914. Military construction projects for energy resilience, energy security, and energy conservation
“(a) Project authorization required.—The Secretary of Defense may carry out such military construction projects for energy resilience, energy security, and energy conservation as are authorized by law, using funds appropriated or otherwise made available for that purpose.
“(b) Submission of project proposals.— (1) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information:
“(A) The project title.
“(B) The location of the project.
“(C) A brief description of the scope of work.
“(D) The original project cost estimate and the current working cost estimate, if different.
“(E) Such other information as the Secretary considers appropriate.
“(2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information:
“(A) The original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate.
“(B) The most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs.
“(C) A brief description of the measurement and verification plan and planned funding source.
“(3) In the case of a military construction project for energy resilience or energy security, the Secretary also shall include the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.”.
(b) Clerical amendment.—The table of sections at the beginning of subchapter I of chapter 173 of title 10, United States Code, is amended by striking the item relating to section 2914 and inserting the following new item:
“2914. Military construction projects for energy resilience, energy security, and energy conservation.”.
(a) Extension of authority.—Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2807(a) of the Military Construction Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2264), is further amended—
(1) in paragraph (1), by striking “December 31, 2020” and inserting “December 31, 2021”; and
(2) paragraph (2), by striking “fiscal year 2021” and inserting “fiscal year 2022”.
(b) Continuation of limitation on use of authority.—Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2807(b) of the Military Construction Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2264), is further amended—
(1) by striking “either” and inserting “each”; and
(2) by inserting after the first paragraph (2) the following new subparagraph:
“(C) The period beginning October 1, 2020, and ending on the earlier of December 31, 2021, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2022.”.
(c) Technical corrections.—Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2807(b) of the Military Construction Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2264) and subsection (b) of this section, is further amended—
(1) by redesignating the second paragraph (1) as subparagraph (A); and
(2) by redesignating the first paragraph (2) as subparagraph (B).
(a) Pilot Program.—The Secretary of Defense shall conduct a pilot program to evaluate the usefulness of reserving a portion of the military construction funds of the military departments to help the combatant commands satisfy their military construction priorities in a timely manner.
(b) Location.—The Secretary of Defense shall conduct the pilot program for the benefit of the United States Indo-Pacific Command in the area of responsibility of the United States Indo-Pacific Command.
(c) Required investment.—For each fiscal year during which the pilot program is conducted, the Secretary of Defense shall reserve to carry out military construction projects under the pilot program an amount equal to 10 percent of the total amount authorized to be appropriated for military construction projects by titles XXI, XXII, and XXIII of the Military Construction Authorization Act for that fiscal year.
(d) Commencement and Duration.—
(1) COMMENCEMENT.—The Secretary of Defense shall commence the pilot program no later than October 1, 2023. The Secretary may commence the pilot program as early as October 1, 2022, if the Secretary determines that compliance with the reservation of funds requirement under subsection (c) is practicable beginning with fiscal year 2023.
(2) DURATION.—The pilot program shall be in effect for the fiscal year in which the Secretary commences the pilot program, as described in paragraph (1), and the subsequent 2 fiscal years. Any construction commenced under the pilot program before the expiration date may continue to completion.
(e) Progress report.—Not later than February 15 of the final fiscal year of the pilot program, the Secretary of Defense shall submit to the congressional defense committees a report evaluating the success of the pilot program in improving the timeliness of the United States Indo-Pacific Command in achieving its military construction priorities. The Secretary shall include in the report—
(1) an evaluation of the likely positive and negative impacts were the pilot program extended or made permanent and, if extended or made permanent, the likely positive and negative impacts of expansion to cover all or additional combatant commands; and
(2) the recommendations of the Secretary regarding whether the pilot program should be extended or made permanent and expanded.
(a) Report required.—Biannually through September 30, 2025, both the Secretary of the Air Force and the Secretary of the Navy shall submit to the relevant congressional committees a report regarding the obligation and expenditure at military installations under the jurisdiction of the Secretary concerned of appropriations made available to the Secretary concerned in title V of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2020 (division F of Public Law 116–94).
(b) Elements of report.—Each report under subsection (a) shall include for the period covered by the report the following elements:
(1) The timeline for award of contracts for each military construction project to be funded with appropriations referred to in subsection (a).
(2) The status, including obligations and expenditures, of each contract already awarded for such military construction projects.
(3) An assessment of the contracting capacity of the communities in the vicinity of such military installations to support such contracts.
(4) The expectations that such local communities will be required to address.
(c) Public Availability of report.—The information in each report specific to a particular military installation shall be made available online using a public forum commonly used in the locality in which the installation is located.
(d) Early termination.—Notwithstanding the date specified in subsection (a), the Secretary of the Air Force and the Secretary of the Navy may terminate the reporting requirement applicable to the Secretary concerned under such subsection effective on the date on which the Secretary concerned certifies to the relevant congressional committees that at least 90 percent of the appropriations referred to in such subsection and made available to the Secretary concerned have been expended.
(e) Relevant congressional committees defined.—In this section, the term “relevant congressional committees” means—
(1) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Senate.
(a) In general.—Section 2883(d)(1) of title 10, United States Code, is amended—
(1) by inserting “(A)” after “(1)”; and
(2) by adding at the end the following new subparagraph:
“(B) The Secretary of Defense shall require that eligible entities receiving amounts from the Department of Defense Family Housing Improvement Fund prioritize the use of such amounts for expenditures related to operating expenses, debt payments, and asset recapitalization before other program management-incentive fee expenditures.”.
(b) Effective date.—The requirements set forth in subparagraph (B) of section 2883(d)(1) of title 10, United States Code, as added by subsection (a), shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing. In this subsection, the terms “landlord” and “privatized military housing” have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).
(a) Guidance required.—The Secretary of Defense shall promulgate guidance for commanders of military installations and installation housing management offices to facilitate and manage the return of tenants who are displaced from privatized military housing—
(1) as a result of an environmental hazard or other damage adversely affecting the habitability of the privatized military housing; or
(2) during remediation or repair activities in response to the hazard or damages.
(b) Availability of reimbursement.—As part of the guidance, the Secretary of Defense shall identify situations in which a tenant of privatized military housing should be reimbursed for losses to personal property of the tenant that are not covered by insurance and are incurred by the tenant in the situations described in subsection (a).
(c) Consultation.—The Secretary of Defense shall promulgate the guidance in consultation with the Secretaries of the military departments, the Chief Housing Officer, landlords, and other interested persons.
(d) Implementation.—The Secretaries of the military departments shall be responsible for ensuring the implementation of the guidance at military installations under the jurisdiction of the Secretary concerned.
(e) Definitions.—In this section, the terms “landlord”, “privatized military housing”, and “tenant” have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).
(a) Guidance required.—The Secretary of Defense shall establish a working group to promulgate guidance regarding best practices for mold mitigation in privatized military housing and for making the determination regarding when the presence of mold in a unit of home privatized military housing is an emergency situation requiring the relocation of the residents of the unit.
(b) Members.—The working groups shall include the Surgeon Generals of the Armed Forces and such other subject-matter experts as the Secretary considers appropriate.
(a) Uniform code of basic standards for military housing.—The Secretary of Defense shall expand the uniform code of basic housing standards for safety, comfort, and habitability for privatized military housing established pursuant to section 3051(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include Government‑owned and Government‑controlled military family housing located inside or outside the United States and occupied by members of the Armed Forces.
(b) Inspection and assessment plan.—The Secretary of Defense shall expand the Department of Defense housing inspection and assessment plan prepared pursuant to section 3051(b) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include Government‑owned and Government‑controlled military family housing located inside or outside the United States and occupied by members of the Armed Forces and commence inspections and assessments of such military family housing pursuant to the plan.
(a) Establishment.—Not later than September 30, 2021, each Secretary of a military department shall appoint at least one Exceptional Family Member Program housing liaison for that military department.
(b) Duties.—The duties of a Exceptional Family Member Program housing liaison are to assist military families enrolled in that Program, and who are disproportionally housed in facilities under the Military Housing Privatization Initiative, in obtaining cost-effective services needed by such families.
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report—
(1) describing the criteria and metrics currently used by the Department of Defense to analyze the performance of landlords that receive incentive fees;
(2) evaluating the effectiveness of such criteria and metrics in accurately judging the performance of such landlords; and
(3) containing such recommendations as the Secretary considers appropriate to revise such criteria and metrics to better evaluate the performance of such landlords.
(b) Preparation of report.—To prepare the report required by subsection (a), the Secretary of Defense first shall solicit the views of the Secretaries of the military departments.
(c) Definitions.—In this section, the terms “incentive fees” and “landlord” have the meanings given those terms in paragraphs (9) and (10) of section 2871 of title 10, United States Code.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress made by the Department of Defense in implementing the recommendations contained in the report of the Comptroller General regarding military housing entitled “DOD Needs to Strengthen Oversight and Clarify Its Role in the Management of Privatized Housing” and dated March 2020 (GAO–20–281).
(a) Definitions.—In this section:
(1) The terms “landlord”, “privatized military housing”, and “tenant” have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).
(2) The term “severe environmental health hazard” means asbestos, radon, lead, and such other hazardous substances as the Secretary of Defense may designate.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall issue guidance regarding hazard assessments conducted under section 3052(b) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note) subsection (b) and under the process developed under section 3053(a) of such Act (10 U.S.C. 2821 note) to improve Department of Defense and landlord identification and resolution of severe environmental health hazards in housing under the jurisdiction of the Department of Defense (including privatized military housing).
(2) TESTING AND INSPECTION REQUIREMENTS.—The guidance issued under this subsection shall specifically require, on an annual basis or at more frequent intervals as the Secretary considers appropriate, the following:
(A) Testing in housing under the jurisdiction of the Department of Defense (including privatized military housing) for known severe environmental health hazards.
(B) Inspections of such housing to determine the efficacy of mitigation or encapsulation measures regarding severe environmental health hazards. Such inspections shall be performed by qualified home inspectors (as described in section 3051(d) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note) and adhere to recognized industry practices and standards.
(3) ADDITIONAL REQUIREMENT FOR LEAD ENCAPSULATION.—The guidance issued under this subsection shall specifically require that testing of the integrity of lead encapsulation will be performed on an emergency basis at the request of the affected tenant.
(4) PROMPT NOTIFICATION REQUIREMENT.—The results of testing and inspections described in paragraphs (2) and (3) shall be shared with the tenant of the affected housing within 48 hours after receipt of the results by the housing management office of the military installation for which the housing is provided, the installation commander, or the landlord, whichever occurs first.
(5) ALTERNATIVE HOUSING.—The Secretary of the military department concerned shall provide alternative housing to affected tenants until any discrepancies are resolved, as provided in the department’s displaced tenants policy.
(c) Additional protections for certain members.—Members of the Armed Forces assigned to a military installation who are required to reside in on-installation housing (including privatized military housing on the installation) because of the members’ essential status shall be provided the following information before occupying the housing (and, in the case of privatized military housing, signing lease documents):
(1) The most recent results of testing and inspections described in paragraphs (2) and (3) of subsection (b) regarding the housing.
(2) If any of the tests and inspections were positive, information on the mitigation or encapsulation measures in place in the housing.
(3) Information on required maintenance of mitigation measures.
(a) Required Inclusion of assessment of performance metrics.—Section 2891c(b)(1) of title 10, United States Code, is amended by striking “, on a publicly accessible website, information” and inserting the following:the following on a publicly accessible website:
“(A) For each contract for the provision or management of housing units:
“(i) An assessment of indicators underlying the performance metrics under such contract to ensure such indicators adequately measure the condition and quality of each housing unit covered by the contract, including the following:
“(I) Tenant satisfaction.
“(II) Maintenance management.
“(III) Project safety.
“(IV) Financial management.
“(ii) A detailed description of each indicator assessed under subparagraph (A), including an indication of the following:
“(I) The limitations of available survey data.
“(II) How tenant satisfaction and maintenance management is calculated.
“(III) Whether relevant data is missing.
“(B) Information”.
(b) Conforming and clerical amendments.—
(1) CONFORMING AMENDMENTS.—Section 2891c(b)(2) of title 10, United States Code, is amended—
(A) by striking “paragraph (1)” and inserting “paragraph (1)(B)”; and
(B) by striking “each contract” and inserting “each contract for the provision or management of housing units”.
(A) SECTION HEADING.—The heading of section 2891c of title 10, United States Code, is amended to read as follows:
“§ 2891c. Transparency regarding finances and performance metrics”.
(B) SUBSECTION HEADING.—Section 2891c(b) of title 10, United States Code, is amended in the subsection heading by striking “Availability of Information on Use of Incentive Fees” and inserting “Public Availability of Certain Information”.
(C) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter V of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2891c and inserting the following new item:
“2891c. Transparency regarding finances and performance metrics.”.
(a) Inclusion of information in existing annual report.—Section 2687a(a) of title 10, United States Code, is amended—
(1) in the subsection heading, by striking “Master Plans” and inserting “overseas military locations”;
(2) in paragraph (1), by striking subparagraph (B) and inserting the following new subparagraph:
“(B) overseas military locations, whether such a location is designated as an enduring location or contingency location.”; and
(3) by striking paragraph (2) and inserting the following new paragraphs:
“(2) To satisfy the reporting requirement specified in paragraph (1)(B), a report under paragraph (1) shall contain the following:
“(A) A description of the strategic goal and operational requirements supported by each overseas military location.
“(B) A summary of the terms of agreements for each overseas military location, including—
“(i) the type of implementing agreement;
“(ii) any annual lease or access costs to the United States under the agreement; and
“(iii) any limitation on United States military presence, activities, or operations at the overseas military location.
“(C) A list of all infrastructure investments made at each overseas military location during the previous fiscal year, delineated by project location, project title or description, cost of project, any amount paid by a host nation to cover all or part of the project cost, and authority used to undertake the project.
“(D) A list of all infrastructure requirements for each overseas military location anticipated during the fiscal year in which the report is submitted and the next four fiscal years, delineated as described in subparagraph (C).
“(E) A list of any overseas military locations newly established during the previous fiscal year.
“(F) A description of any plans to transition an existing contingency overseas military location to an enduring overseas military location or to upgrade or downgrade the designation of an existing enduring or contingency overseas military location during the fiscal year in which the report is submitted or the next four fiscal years.
“(G) A list of any overseas military locations that, during the previous fiscal year, were transferred to the control of security forces of the host country or another military force, closed, or for any other reason no longer used by the armed forces, including a summary of any costs associated with the transfer or closure of the overseas military location.
“(H) A summary of the impact that the establishment or maintenance of each overseas military location has on security commitments undertaken by the United States pursuant to any international security treaty or the current security environments in the combatant commands, including United States participation in theater security cooperation activities and bilateral partnership, exchanges, and training exercises.
“(I) A summary of any force protection risks identified for each overseas military location, the actions proposed to mitigate such risks, and the resourcing and implementation plan to implement the mitigation actions.
“(J) An assessment of force protection measures by host nations for each overseas military location and recommendations to mitigate any potential risks identified.
“(K) Such other such matters related to overseas military locations as the Secretary of Defense considers appropriate.
“(3) (A) In this subsection, the term ‘overseas military location’ covers both enduring locations and contingency locations established outside the United States.
“(B) An enduring location is primarily characterized either by the presence of permanently assigned United States forces with robust infrastructure and quality of life amenities to support that presence, by the sustained presence of allocated United States forces with infrastructure and quality of life amenities consistent with that presence, or by the periodic presence of allocated United States forces with little or no permanent United States military presence or controlled infrastructure. Enduring locations include main operating bases, forward operating sites, and cooperative security locations.
“(C) A contingency location refers to a location outside of the United States that is not covered by subparagraph (B), but that is used by United States forces to support and sustain operations during named and unnamed contingency operations or other operations as directed by appropriate authority and is categorized by mission life-cycle requirements as initial, temporary, or semi-permanent.
“(4) The Secretary of Defense shall prepare the report under paragraph (1) in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment.
“(5) A report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.”.
(b) Conforming and Clerical Amendments.—
(1) CONFORMING AMENDMENTS.—Section 2687a(e)(2) of title 10, United States Code, is amended by striking “host nation” both places it appears and inserting “host country”.
(2) SECTION HEADING.—The heading of section 2687a of title 10, United States Code, is amended to read as follows:
“§ 2687a. Overseas base closures and realignments and status of United States overseas military locations”.
(3) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 159 of title 10, United States Code, is amended by striking the item relating to section 2687a and inserting the following new item:
“2687a. Overseas base closures and realignments and status of United States overseas military locations.”.
(c) Repeal of superceded reporting requirement.—Section 2816 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1176) is repealed.
(a) Contract renewal authority.—Section 2688(d)(2) of title 10, United States Code, is amended—
(1) by inserting “(A)” after “(2)”; and
(2) by inserting after the first sentence the following new subparagraph:
“(B) A longer-term contract entered into under the authority of subparagraph (A) may be renewed in the manner provided in such subparagraph, except that such a contract renewal may only be awarded during the final five years of the existing contract term.”.
(b) Conforming amendments.—Section 2688(d)(2) of title 10, United States Code, is further amended—
(1) by striking “The determination of cost effectiveness” and inserting the following:
“(C) A determination of cost effectiveness under this paragraph”; and
(2) by striking “the contract” and inserting “the contract or contract renewal”.
Section 2688(d)(2) of title 10, United States Code, as amended by section 2822, is further amended—
(1) by striking “The Secretary of Defense, or the designee of the Secretary,” and inserting “The Secretary concerned”; and
(2) by striking “if the Secretary” and inserting “if the Secretary concerned”.
(a) Promotion of on-Site energy security and energy resilience.—Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(h) Promotion of on-Site energy security and energy resilience.— (1) Consistent with the energy security and resilience goals of the Department of Defense and the energy performance master plan referred to in this section, the Secretary concerned shall consider, when feasible, projects for the production of installation energy that benefits military readiness and promotes installation energy security and energy resilience in the following manner:
“(A) Location of the energy-production infrastructure on the military installation that will consume the energy.
“(B) Incorporation of energy resilience features, such as microgrids, to ensure that energy remains available to the installation even when the installation is not connected to energy sources located off the installation.
“(C) Reduction in periodic refueling needs from sources off the installation to not more than once every two years.
“(3) In this subsection, the term ‘microgrid’ means an integrated energy system consisting of interconnected loads and energy resources that, if necessary, can be removed from the local utility grid and function as an integrated, stand-alone system.”.
(b) Evaluation of feasibility of expanding use of on-Site energy production.—
(1) PROJECTS AUTHORIZED.—Subsection (h) of section 2911 of title 10, United States Code, as added by subsection (a), is amended by inserting after paragraph (1) the following new paragraph:
“(2) (A) Using amounts made available for military construction projects under section 2914 of this title, the Secretary of Defense shall carry out at least four projects to promote installation energy security and energy resilience in the manner described in paragraph (1).
“(B) At least one project shall be designed to develop technology that demonstrates the ability to connect an existing on-site energy generation facility that uses solar power with one or more installation facilities performing critical missions in a manner that allows the generation facility to continue to provide electrical power to these facilities even if the installation is disconnected from the commercial power supply.
“(C) At least one project shall be designed to develop technology that demonstrates that one or more installation facilities performing critical missions can be isolated, for purposes of electrical power supply, from the remainder of the installation and from the commercial power supply in a manner that allows an on-site energy generation facility that uses a renewable energy source, other than solar energy, to provide the necessary power exclusively to these facilities.
“(D) At least two projects shall be designed to develop technology that demonstrates the ability to store sufficient electrical energy from an on-site energy generation facility that uses a renewable energy source to provide the electrical energy required to continue operation of installation facilities performing critical missions during nighttime operations.
“(E) The Secretary of Defense may not select as the site of a project under this paragraph a military installation that already has the ability to satisfy any of the project requirements described in subparagraph (B), (C), or (D).
“(F) The authority of the Secretary of Defense to commence a project under this paragraph expires on September 30, 2025.”.
(2) BRIEFING.—Not later than March 1, 2021, the Secretary of Defense shall brief the congressional defense committees regarding the plan to carry out the on-site energy production projects authorized by paragraph (2) of section 2911 of title 10, United States Code, as added by paragraph (1).
Section 2914(a) of title 10, United States Code, is amended—
(1) by inserting “(1)” before “The Secretary of Defense”; and
(2) by adding at the end the following new paragraph:
“(2) For purposes of this section, a military construction project is deemed to include activities related to utility systems authorized under subsections (h), (j), and (k) of section 2688 or section 2913 of this title, notwithstanding that the United States does not own the utility system, and energy-related activities included as a separate requirement in an energy savings performance contract (as defined in section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3))).”.
(a) Risk-Based approach to installation water management and security.—
(1) GENERAL REQUIREMENT.—The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary.
(2) IMPLEMENTATION PRIORITIES.—The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines—
(A) are experiencing the greatest risks to sustainable water management and security; and
(B) face the most severe existing or potential adverse impacts to mission assurance as a result of such risks.
(3) DETERMINATION METHOD.—Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b).
(b) Water management and security assessments.—
(1) ASSESSMENT METHODOLOGY.—The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to sustainable water management and security and mission assurance.
(2) ELEMENTS.—Required elements of the assessment methodology shall include the following:
(A) An evaluation of the water sources and supply connections for a military installation, including water flow rate and extent of competition for the water sources.
(B) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation.
(C) An evaluation of the military installation’s water-security risks related to drought-prone climates, impacts of defense water usage on regional water demands, water quality, and legal issues, such as water rights disputes.
(D) An evaluation of the resiliency of the military installation’s water supply and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.
(E) An evaluation of existing water metering and consumption at the military installation, considered at a minimum—
(i) by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and
(ii) by fluctuations in consumption, including peak consumption by quarter.
(c) Evaluation of installations for potential net zero water usage.—
(1) EVALUATION REQUIRED.—The Secretary concerned shall conduct an evaluation of each military installation under the jurisdiction of the Secretary to determine the potential for the military installation, or at a minimum certain installation activities, to achieve net zero water usage.
(2) ELEMENTS.—Required elements of each evaluation shall include the following:
(A) An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as non-potable water.
(B) An evaluation of the practicality of implementing Department of Energy guidelines for net zero water usage, when practicable to minimize water consumption and wastewater discharge in buildings scheduled for renovation.
(C) An evaluation of the practicality of implementing net zero water usage technology into new construction in water-constrained areas, as determined by water management and security assessments conducted under subsection (b).
(d) Improved Landscaping management practices.—
(1) LANDSCAPING MANAGEMENT.—The Secretary concerned shall implement, to the maximum extent practicable, at each military installation under the jurisdiction of the Secretary landscaping management practices to increase water resilience and ensure greater quantities of water availability for operational, training, and maintenance requirements.
(2) ARID OR SEMI-ARID CLIMATES.—For military installations located in arid or semi-arid climates, landscaping management practices shall include the use of xeriscaping.
(3) NON-ARID CLIMATES.—For military installations located in arid or non-arid climates, landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants.
(4) POLLINATOR CONSERVATION REFERENCE GUIDE.—The Secretary concerned shall follow the recommendations of the Department of Defense Pollinator Conservation Reference Guide (September 2018) to the maximum extent practicable in order to reduce operation and maintenance costs related to landscaping management, while improving area management. Consistent with such guide, in the preparation of a military installation landscaping plan, the Secretary concerned should consider the following:
(A) Adding native flowering plants to sunny open areas and removing overhanging tree limbs above open patches within forested areas or dense shrub.
(B) Removing or controlling invasive plants to improve pollinator habitat.
(C) Preserving known and potential pollinator nesting and overwintering sites.
(D) Eliminating or minimizing pesticide use in pollinator habitat areas.
(E) Mowing in late fall or winter after plants have bloomed and set seed, adjusting timing to avoid vulnerable life stages of special status pollinators.
(F) Mowing mid-day when adult pollinators can avoid mowing equipment.
(1) REPORT REQUIRED.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the other Secretaries concerned, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress made in implementing this section.
(2) REPORT ELEMENTS.—The report shall include the following:
(A) The methodology developed under subsection (b) to conduct water management and security assessments.
(B) A list of the military installations that have been assessed using such methodology and a description of the findings.
(C) A list of planned assessments for the one-year period beginning on the date of the submission of the report.
(D) An evaluation of the progress made on implementation of xeriscaping and other regionally appropriate landscaping practices at military installations.
(f) Definitions.—In this section:
(1) The term “net zero water usage”, with respect to a military installation or installation activity, means a situation in which the combination of limitations on the consumption of water resources and the return of water to an original water source by the installation or activity is sufficient to prevent any reduction in the water resources of the area in both quantity and quality over a reasonable period of time.
(2) The terms “Secretary concerned” and “Secretary” mean the Secretary of a military department and the Secretary of Defense with respect to the Pentagon Reservation.
(3) The term “xeriscaping” means landscape design that emphasizes low water use and drought-tolerant plants that require little or no supplemental irrigation.
(a) Pilot program authorized.—The Secretary of Defense may conduct a pilot program (to be known as the Emergency Diesel Generator Microgrid Program) to evaluate the feasibility and cost effectiveness of connecting existing diesel generators at a military installation selected pursuant to subsection (c) to create and support one or more microgrid configurations at the installation capable of providing full-scale electrical power for the defense critical facilities located at the installation during an emergency involving the loss of external electric power supply caused by an extreme weather condition, manmade intentional infrastructure damage, or other circumstances.
(b) Goal of pilot program.—The goals of the Emergency Diesel Generator Microgrid Program are—
(1) to test assumptions about lower operating and maintenance costs, parts interchangeability, lower emissions, lower fuel usage, increased resiliency, increased reliability, and reduced need for emergency diesel generators; and
(2) to establish design criteria that could be used to build and sustain emergency diesel generator microgrids at other military installations.
(c) Pilot program locations.—As the locations to conduct the Emergency Diesel Generator Microgrid Program, the Secretary of Defense shall select two major military installations located in different geographical regions of the United States that the Secretary determines—
(1) are defense critical electric infrastructure sites or contain, or are served by, defense critical electric infrastructure;
(2) contain more than one defense critical function for national defense purposes and the mission assurance of such critical defense facilities are paramount to maintaining national defense and force projection capabilities at all times; and
(3) face unique electric energy supply, delivery, and distribution challenges that, based on the geographic location of the installations and the overall physical size of the installations, adversely impact rapid electric infrastructure restoration after an interruption.
(d) Specifications of diesel generators and microgrid.—
(1) GENERATOR SPECIFICATIONS.—The Secretary of Defense shall use existing diesel generators that are sized >/= 750kW output.
(2) MICROGRID SPECIFICATIONS.—The Secretary of Defense shall create the microgrid using commercially available and proven designs and technologies. The existing diesel generators used for the microgrid should be spaced within 1.0 to 1.5 mile of each other and, using a dedicated underground electric cable network, be tied into a microgrid configuration sufficient to supply mission critical facilities within the service area of the microgrid. A selected military installation may contain more than one such microgrid under the Emergency Diesel Generator Microgrid Program.
(e) Program authorities.—The Secretary of Defense may use the authority under section 2914 of title 10, United States Code (known as the Energy Resilience and Conservation Investment Program) and energy savings performance contracts to conduct the Emergency Diesel Generator Microgrid Program.
(f) Definitions.—For purposes of the Emergency Diesel Generator Microgrid Program:
(1) The term “defense critical electric infrastructure” has the meaning given that term in section 215A of the Federal Power Act (16 U.S.C. 824o–1).
(2) The term “energy savings performance contract” has the meaning given that term in section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
(3) The term “existing diesel generators” means diesel generators located, as of the date of the enactment of this Act, at a major military installation selected as a location for the Emergency Diesel Generator Microgrid Program and intended for emergency use.
(4) The term “major military installation” has the meaning given that term in section 2864 of title 10, United States Code.
(a) Options To improve electrical metering.—The Secretary of Defense and the Secretaries of the military departments shall improve the metering of electrical energy usage of covered defense structures to accurately determine energy consumption by such a structure to increase energy efficiency and improve energy resilience, using any combination of the options specified in subsection (b) or such other methods as the Secretary concerned considers practicable.
(b) Metering options.—Electrical energy usage options to be considered for a covered defense structure include the following:
(1) Installation of a smart meter at the electric power supply cable entry point of the covered defense structure, with remote data storage and retrieval capability using cellular communication, to provide historical energy usage data on an hourly basis to accurately determine the optimum cost effective energy efficiency and energy resilience measures for the covered defense structure.
(2) Use of an energy usage audit firm to individually meter the covered defense structure using clamp-on meters and data storage to provide year–long electric energy load profile data, particularly in the case of a covered defense structure located in climates with highly variable use based on weather or temperature changes to accurately identify electric energy usage demand for both peak and off peak periods for a covered defense structure.
(3) Manual collection and calculation of the connected load via nameplate data survey of all the connected electrical devices for the covered defense structure and comparing it to the designed maximum rating of the incoming electric supply to determine the maximum electrical load for the covered defense structure.
(c) Consideration of partnerships.—The Secretary of Defense and the Secretaries of the military departments shall consider the use of arrangements (known as public-private partnerships) with appropriate entities outside the Government to reduce the cost of carrying out this section.
(d) Definitions.—In this section:
(1) The term “covered defense structure” means any infrastructure under the jurisdiction of the Department of Defense inside the United States that the Secretary of Defense or the Secretary of the military department concerned determines—
(A) is used to support a critical mission of the Department; and
(B) is located at a military installation with base-wide resilient power.
(2) The term “energy resilience” has the meaning given that term in section 101(e)(6) of title 10, United States Code.
(e) Implementation report.—As part of the Department of Defense energy management report to be submitted under section 2925 of title 10, United States Code, during fiscal year 2022, the Secretary of Defense shall include information on the progress being made to comply with the requirements of this section.
(a) Definitions.—In this section:
(1) The term “advisory panel” means an advisory panel established by the Secretary concerned to assist the Secretary concerned in the renaming process required by this section.
(2) The term “covered defense property” means any real property, including any building, structure, or other improvement to real property thereon, under the jurisdiction of the Secretary concerned that is named after any person who served in the political or military leadership of any armed rebellion against the United States.
(3) The term “covered military installation” means a military installation or reserve component facility that is named after any person who served in the political or military leadership of any armed rebellion against the United States.
(4) The term “identification report” means the initial report required by subsection (c) that identifies covered military installations and covered defense property.
(5) The term “military installation” has the meaning given that term in section 2801(c) of title 10, United States Code.
(6) The term “other improvement” includes any library, classroom, parade ground or athletic field, training range, roadway, or similar physical feature.
(7) The term “process report” means the report required by subsection (d) that describes the renaming process to be used by the Secretary concerned.
(8) The term “renaming report” means the final report required by subsection (f) that provides new names for covered military installations and covered defense property.
(9) The term “reserve component facility” has the meaning given the term “facility” in section 18232 of title 10, United States Code, and covers those facilities for which title is vested in the United States or for which the Secretary of Defense contributed funds under section 18233(a) of such title or former section 2233 of such title.
(10) The term “Secretary concerned” means the Secretary of a military department and includes the Secretary of Defense with respect to matters concerning the Defense Agencies.
(b) Renaming required; deadline.—Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall—
(1) complete the renaming process required by this section; and
(2) commence the renaming of each covered military installation and covered defense property identified in the renaming report pursuant to the guidance issued by the Secretary concerned under subsection (f).
(c) Identification report; deadline.—Not later than 60 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report that identifies each covered military installation and all covered defense property under the jurisdiction of the Secretary concerned that the Secretary concerned determines satisfies the definitions given those terms in subsection (a).
(d) Process report; deadline.—
(1) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report describing the process by which the Secretary concerned will rename each covered military installation and covered defense property identified in the renaming report prepared by the Secretary concerned.
(2) REPORT ELEMENTS.—At minimum, the process report shall contain the following elements:
(A) A detailed description of the process to be used by the Secretary concerned to develop a list of potential names for renaming covered military installations and covered defense property.
(B) An explanation regarding whether or not the Secretary concerned established, or will establish, an advisory panel to support the review process and make recommendations to the Secretary concerned. If the Secretary concerned has established, or will establish, an advisory panel, the report shall include the names and positions of the individuals who will serve on the advisory panel that represent:
(i) Military leadership from covered military installations.
(ii) Military leadership from military installations containing covered defense property.
(iii) State leaders and leaders of the locality in which a covered military installation or covered defense property is located.
(iv) Representatives from military museums, military historians, or relevant historians from the impacted States and localities with relevant expertise.
(v) Community civil rights leaders.
(C) The criteria the Secretary concerned will use to inform the renaming process.
(D) A description of the process for accepting and considering public comments from members of the Armed Forces, veterans, and members of the local community on potential names for renaming covered military installations and covered defense property.
(E) A timeline for the renaming process consistent with the deadline specified in subsection (b).
(e) Congressional guidance on renaming criteria.—
(1) PREFERENCES.—As part of the renaming process established by the Secretary concerned and described in the process report required by subsection (c), the Secretary concerned shall give a preference for renaming covered military installations and covered defense property after either—
(A) a battlefield victory by the Armed Forces consistent with current Department of Defense naming conventions; or
(B) a deceased member of the Armed Forces (other than the limited exception described in clause (iv)) who satisfies one of more of the following:
(i) Was a recipient of the Congressional Medal of Honor.
(ii) Was recognized for heroism in combat or for other significant contributions to the United States.
(iii) Was a member of a minority group who overcame prejudice and adversity to perform distinguished military service.
(iv) Is a deceased woman who overcame prejudice and adversity to perform distinguished military service on behalf of the United States, including a woman who performed such distinguished military service (whether temporary service, auxiliary service, or other qualifying military service) before 1948 when women were allowed to officially join the Armed Forces.
(v) Has links to the community or State where the military installation or covered property is located.
(vi) Served at the covered military installation, in a unit of the Armed Forces based at the covered installation; or at the military installation containing the covered defense property.
(A) JUNIOR SERVICEMEMBERS.—Junior members of the Armed Forces should be favored in the renaming process over general officers or flag officers.
(B) BRANCH CONSIDERATION.—A deceased member of the Armed Forces whose name is selected in the renaming process should have served in the same Armed Force as the majority of the members of the Armed Forces stationed at the covered military installation renamed in honor of the deceased member or at which the renamed covered defense property is located.
(C) CONFLICT CONSIDERATION.—The names selected in the renaming process should recognize and reflect significant battles or contingency operations since 1917 or the contributions of members of the Armed Forces who served in wars and contingency operations since 1917.
(D) PERSONAL CONDUCT.—A deceased member of the Armed Forces whose name is selected in the renaming process should be a person whose personal conduct reflects the current values of the Armed Forces and its members.
(f) Renaming report; deadline.—
(1) REPORT REQUIRED.—Upon completing the renaming process identified in the process report, but not later than 30 days before the deadline specified in subsection (b), each Secretary concerned shall submit to the congressional defense committees a final report containing the list of the new names chosen for each covered military installation and covered defense property identified in the identification report prepared by the Secretary concerned.
(2) REPORT ELEMENTS.—At minimum, the renaming report shall contain an explanation of the reasons for the selection of each new name chosen for covered military installations and covered defense property.
(3) PUBLIC AVAILABILITY.—The Secretary concerned shall make the renaming report publicly available as soon as practicable after submission of the renaming report.
(4) GUIDANCE FOR ACTUAL RENAMING.—Not later than 30 days after submission of the renaming report, the Secretary concerned shall issue guidance to promptly affect the name changes contained in the renaming report.
(g) Savings clause.—Nothing in this section or the renaming process required by this section shall be construed to have any effect on grave markers or cemeteries that may exist on real property under the jurisdiction of the Department of Defense.
(a) Conveyance authorized.—The Secretary of the Army may convey, without consideration, to the State of Arizona Department of Emergency and Military Affairs (in this section referred to as the “State”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of not more than 3,000 acres at Camp Navajo, Arizona, for the purpose of permitting the State to use the property—
(1) for training the Arizona Army National Guard and Air National Guard; and
(2) for defense industrial base economic development purposes that are compatible with the environmental security and primary National Guard training purpose of Camp Navajo.
(1) USE OF REVENUES.—The authority of the Secretary of the Army to make the conveyance described in subsection (a) is subject to the condition that the State agree that all revenues generated from the use of the property conveyed under such subsection will be used to support the training requirements of the Arizona Army National Guard and Air National Guard, including necessary infrastructure maintenance and capital improvements.
(2) AUDIT.—The United States Property and Fiscal Office for Arizona shall—
(A) conduct periodic audits of all revenues generated by uses of the conveyed property and the use of such revenues; and
(B) provide the audit results to the Chief of the National Guard Bureau.
(1) INTEREST RETAINED.—If the Secretary of the Army determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purposes of the conveyance specified in such subsection, or that the State has not complied with the condition imposed by subsection (b), all right, title, and interest in and to the conveyed property, including any improvements thereon, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the Property.
(2) DETERMINATION.—A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(d) Alternative consideration option.—
(1) CONSIDERATION OPTION.—In lieu of exercising the reversionary interest retained under subsection (c), the Secretary of the Army may accept an offer by the State to pay to the United States an amount equal to the fair market value of the property conveyed under subsection (a), excluding the value of any improvements on the conveyed property constructed without Federal funds after the date of the conveyance is completed, as determined by the Secretary.
(2) TREATMENT OF CONSIDERATION RECEIVED.—Consideration received by the Secretary under paragraph (1) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available to the Secretary for the same uses and subject to the same limitations as provided in that section.
(e) Payment of costs of conveyance.—
(1) PAYMENT REQUIRED.—The Secretary of the Army shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance. If amounts are collected from the State in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(f) Description of property.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army.
(g) Savings provision.—Nothing in this section shall be construed to alleviate, alter, or affect the responsibility of the United States for cleanup and remediation of the property to be conveyed under subsection (a) in accordance with the Defense Environmental Restoration Program under section 2701 of title 10, United States Code, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(h) Additional terms and conditions.—The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. These additional terms may include a requirement for the State to consult with the Secretary of the Navy regarding use of the conveyed property.
(a) Elements of exchange.—Section 2841(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:
“(1) real property, including improvements thereon, located in Titusville, Florida, that will replace the NIROP and meet the readiness requirements of the Department of the Navy, as determined by the Secretary; and
“(2) reimbursement for the costs of relocation of contractor and Government personnel and equipment from the NIROP to the replacement facilities, to the extent specified in the land exchange agreement contemplated in subsection (b).”.
(b) Elements of land exchange agreement.—Section 2841(b)(1) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended by inserting after “identifies” the following: “the costs of relocation to be reimbursed by the Exchange Entity,”.
(c) Valuation of properties and compensation.—Section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended—
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and
(3) by inserting after subsection (b) the following new subsections:
“(c) Valuation.—The Secretary shall determine the fair market value of the properties, including improvements thereon, to be exchanged by the Secretary and the Exchange Entity under subsection (a).
“(1) COMPENSATION REQUIRED.—The Exchange Entity shall provide compensation under the land exchange agreement described in subsection (b) that is equal to or exceeds the fair market value of the NIROP, as determined under subsection (c).
“(2) IN-KIND CONSIDERATION.—As part of the compensation under the land exchange agreement, the Secretary and the Exchange Entity may agree for the Exchange Entity to provide the following forms of in-kind consideration at any property or facility under the control of the Secretary:
“(A) Alteration, repair, improvement, or restoration (including environmental restoration) of property.
“(B) Use of facilities by the Secretary.
“(C) Provision of real property maintenance services.
“(D) Provision of or payment of utility services.
“(E) Provision of such other services relating to activities that will occur on the property as the Secretary considers appropriate.
“(3) DEPOSIT.—The Secretary shall deposit any cash payments received under the land exchange agreement, other than cash payments accepted under section 2695 of title 10, United States Code, in the account in the Treasury established pursuant to section 572(b) of title 40, United States Code.
“(4) USE OF PROCEEDS.—Proceeds deposited pursuant to paragraph (3) in the account referred to in such paragraph shall be available to the Secretary in such amounts as provided in appropriations Acts for the following activities:
“(A) Maintenance, protection, alternation, repair, improvement, or restoration (including environmental restoration) of property or facilities.
“(B) Payment of utilities services.
“(C) Real property maintenance services.”.
(d) Treatment of certain amounts received.—Subsection (f) of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1861), as redesignated by subsection (c)(2) of this section, is amended by striking “(a), (c)(2), and (d)”and inserting “(a) and (e)”.
(e) Sunset.—Subsection (j) of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1861), as redesignated by subsection (c)(2) of this section, is amended by striking “October 1, 2023” and inserting “October 1, 2026, if the Secretary and the Exchange Entity have not entered into a land exchange agreement described in subsection (b) before that date”.
(a) Conveyance authorized.—If the Secretary of the Army determines that no department or agency of the Federal Government will accept the transfer of a parcel of real property consisting of approximately 525 acres at Sharpe Army Depot in Lathrop, California, the Secretary may convey to the Port of Stockton, California, all right, title, and interest of the United States in and to the property, including any improvements thereon, for the purpose of permitting the Port of Stockton to use the property for the development or operation of a port facility.
(b) Modification of parcel authorized for conveyance.—If a department or agency of the Federal Government will accept the transfer of a portion of the parcel of real property described in subsection (a), the Secretary shall modify the conveyance authorized by such subsection to exclude the portion of the parcel to be accepted by that department or agency.
(1) PUBLIC BENEFIT CONVEYANCE.—The Secretary of the Army may assign the property for conveyance under subsection (a) as a public benefit conveyance without monetary consideration to the Federal Government if the Port of Stockton satisfies the conveyance requirements specified in section 554 of title 40, United States Code.
(2) FAIR MARKET VALUE.—If the Port of Stockton fails to qualify for a public benefit conveyance under paragraph (1) and still desires to acquire the real property described in subsection (a), the Port of Stockton shall pay to the United States an amount equal to the fair market value of the property to be conveyed. The Secretary shall determine the fair market value of the property using an independent appraisal based on the highest and best use of the property.
(d) Description of Property.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army. The cost of the survey shall be borne by the Port of Stockton.
(e) Additional Terms and conditions.—The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
(f) Sunset.—If the real property authorized for conveyance by subsection (a) is not conveyed within 1 year after the date of the enactment of this Act, the Secretary of the Army may report the property excess for disposal in accordance with existing law.
(a) Definitions.—In this section:
(1) COUNTY.—The term “County” means the County of San Bernardino, California.
(2) FEDERAL LAND.—The term “Federal land” means the approximately 73 acres of Federal land generally depicted as “Federal Land Proposed for Exchange” on the map titled “Big Bear Land Exchange” and dated August 6, 2018.
(3) NON-FEDERAL LAND.—The term “non-Federal land” means the approximately 71 acres of land owned by the County generally depicted as “Non-Federal Land Proposed for Exchange” on the map referred to in paragraph (2).
(b) Exchange authorized.—Subject to valid existing rights and the terms of this section, no later than 1 year after the date that the portion of the Pacific Crest National Scenic Trail is relocated in accordance with subsection (i), if the County offers to convey the non-Federal land to the United States, the Secretary of Agriculture shall—
(1) convey to the County all right, title, and interest of the United States in and to the Federal land; and
(2) accept from the County a conveyance of all right, title, and interest of the County in and to the non-Federal land.
(c) Equal value and cash equalization.—
(1) EQUAL VALUE EXCHANGE.—The land exchange under this section shall be for equal value, or the values shall be equalized by a cash payment as provided for under this subsection or an adjustment in acreage. At the option of the County, any excess value of the non-Federal lands may be considered a gift to the United States.
(2) CASH EQUALIZATION PAYMENT.—The County may equalize the values of the lands to be exchanged under this section by cash payment without regard to any statutory limit on the amount of such a cash equalization payment.
(3) DEPOSIT AND USE OF FUNDS RECEIVED FROM COUNTY.—Any cash equalization payment received by the Secretary of Agriculture under this subsection shall be deposited in the fund established under Public Law 90–171 (16 U.S.C. 484a; commonly known as the Sisk Act). The funds so deposited shall remain available to the Secretary of Agriculture, until expended, for the acquisition of lands, waters, and interests in land for the San Bernardino National Forest.
(d) Appraisal.—The Secretary of Agriculture shall complete an appraisal of the land to be exchanged under this section in accordance with—
(1) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(2) the Uniform Standards of Professional Appraisal Practice.
(e) Title approval.—Title to the land to be exchanged under this section shall be in a format acceptable to the Secretary of Agriculture and the County.
(f) Survey of non-Federal lands.—Before completing the exchange under this section, the Secretary of Agriculture shall inspect the non-Federal lands to ensure that the land meets Federal standards, including hazardous materials and land line surveys.
(g) Costs of conveyance.—As a condition of the conveyance of the Federal land under this section, any costs related to the exchange under this section shall be paid by the County.
(h) Management of acquired lands.—The Secretary of Agriculture shall manage the non-Federal land acquired under this section in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.; commonly known as the Weeks Act), and other laws and regulations pertaining to National Forest System lands.
(i) Pacific crest national scenic trail relocation.—No later than 3 years after the date of enactment of this Act, the Secretary of Agriculture, in accordance with applicable laws, shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land—
(1) to adjacent National Forest System land;
(2) to land owned by the County, subject to County approval;
(3) to land within the Federal land, subject to County approval; or
(4) in a manner that combines two or more of the options described in paragraphs (1), (2), and (3).
(j) Map and legal descriptions.—As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall finalize a map and legal descriptions of all land to be conveyed under this section. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service.
(1) IN GENERAL.—As soon as practicable after receiving a request from Modoc County, California (in this section referred to as the “County”) regarding the conveyance required by this section, but subject to paragraph (2), the Secretary of Agriculture shall convey to the County all right, title, and interest of the United States in and to a parcel of National Forest System land, including improvements thereon, consisting of approximately 927 acres in Modoc National Forest in the State of California and containing an obsolete Over-the-Horizon Backscatter Radar System receiving station established on the parcel pursuant to a memorandum of agreement between the Department of the Air Force and Forest Service dated May 18 and 23, 1987.
(2) APPLICABLE LAW AND NATIONAL SECURITY DETERMINATION.—The Secretary of Agriculture shall carry out the conveyance under subsection (a) in accordance with this section and all other applicable law, including the condition that the conveyance not take place until the Secretary, in consultation with the Secretary of the Air Force, determines that the conveyance will not harm the national security interests of the United States.
(b) Purpose of conveyance.—The purpose of the conveyance under subsection (a) is to preserve and utilize the improvements constructed on the parcel of National Forest System land described in such subsection and to permit the County to use the conveyed property, including improvements thereon, for the development of renewable energy, including solar and biomass cogeneration.
(1) IN GENERAL.—As consideration for the conveyance under subsection (a), the County shall pay to the Secretary of Agriculture an amount that is not less than the fair market value of the parcel of land to be conveyed, as determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition and the Uniform Standards of Professional Appraisal Practice.
(2) TREATMENT OF CASH CONSIDERATION.—The Secretary shall deposit the payment received under paragraph (1) in the account in the Treasury established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The amount deposited shall be available to the Secretary, in such amounts as may be provided in advance in appropriation Acts, to pay any necessary and incidental costs incurred by the Secretary in connection with the improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System located in the State of California.
(d) Reservation of easement related to Continued use of water wells.—The conveyance required by subsection (a) shall be conditioned on the reservation of an easement by the Secretary of Agriculture, subject to such terms and conditions as the Secretary deems appropriate, necessary to provide access for use authorized by the Secretary of the four water wells in existence on the date of the enactment of this Act and associated water conveyance infrastructure on the parcel of National Forest System lands to be conveyed.
(e) Withdrawal.—The National Forest System land described in subsection (a) is withdrawn from the operation of the mining and mineral leasing laws of the United States.
(f) Payment of costs of conveyance.—
(1) PAYMENT REQUIRED.—The Secretary of Agriculture shall require the County to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary of Agriculture in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(g) Environmental remediation.—
(1) IN GENERAL.—To expedite the conveyance of the parcel of National Forest System land described in subsection (a), including improvements thereon, environmental remediation of the land by the Department of the Air Force shall be limited to the removal of the perimeter wooden fence, which was treated with an arsenic-based weatherproof coating, and treatment of soil affected by leaching of such chemical.
(2) POTENTIAL FUTURE ENVIRONMENTAL REMEDIATION RESPONSIBILITIES.—Notwithstanding the conveyance of the parcel of National Forest System land described in subsection (a), the Secretary of the Air Force shall be responsible for the remediation of any environmental contamination, discovered post-conveyance, that is attributed to Air Force occupancy of and operations on the parcel pre-conveyance.
(h) Compliance with environmental laws.—Notwithstanding the requirements of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary of Agriculture shall not be required to provide any of the covenants and warranties otherwise required under such section in connection with the conveyance of the property under subsection (a).
(i) Description of property.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of Agriculture.
(a) Transfer to the Secretary of the Navy.—Administrative jurisdiction over the parcel of Federal land consisting of approximately 1.23 acres located within Naval Support Activity Panama City, Florida, and used by the Department of the Navy pursuant to Executive Order No. 10355 of May 26, 1952, and Public Land Order Number 952 of April 6, 1954, is transferred from the Secretary of the Interior to the Secretary of the Navy.
(b) Land survey.—The exact acreage and legal description of the Federal land transferred by subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy and the Secretary of the Interior.
(c) Consideration and reimbursement.—
(1) NO CONSIDERATION.—The transfer made by subsection (a) shall be without consideration.
(2) REIMBURSEMENT.—The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior under subsection (b) in conducting the survey and preparing the legal description of the Federal land transferred by subsection (a).
(d) Status of land after transfer.—Upon transfer of the Federal land by subsection (a), the land shall cease to be public land and shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the Navy.
(a) Conveyance Authorized.—The Secretary of the Army may convey to the City of Milan, Tennessee (in this section referred to as the “City”), all right, title, and interest of the United States in and to parcels of real property, including any improvements thereon, at Milan Army Ammunition Plant, Tennessee, consisting of approximately 292 acres and commonly referred to as Parcels A, B and C.
(1) CONSIDERATION REQUIRED.—As consideration for the conveyance under subsection (a), the City shall provide consideration an amount equivalent to the fair market value of the property conveyed under such subsection, as determined by an appraisal approved by the Secretary of the Army. The consideration may be in the form of cash payment, in-kind consideration, or a combination thereof, provided at such time as the Secretary may require.
(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the City under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facility, real property, or infrastructure under the jurisdiction of the Secretary.
(c) Payment of Costs of Conveyance.—
(1) PAYMENT REQUIRED.—The Secretary of the Army shall require the City to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyance under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of fund that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(d) Description of Property.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army.
(e) Additional Terms and Conditions.—The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Section 2925 of the El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2816) is amended by striking “25 years after the date of the enactment of this subtitle” and inserting “on November 6, 2046”.
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Fallon Range Training Complex) made by section 3011(a) of such Act (113 Stat. 885) shall terminate on November 6, 2046.
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Nevada Test and Training Range) made by section 3011(b) of such Act (113 Stat. 886) shall terminate on November 6, 2046.
(a) Definitions.—In this section:
(1) The term “affected Indian tribe” means an Indian tribe that has historical connections to—
(A) the land withdrawn and reserved as the Nevada Test and Training Range; or
(B) the land included as part of the Desert National Wildlife Refuge.
(2) The term “current memorandum of understanding” means the memorandum of understanding referred to in section 3011(b)(5)(E) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 888) as in effect on the date of the enactment of this Act.
(3) The term “heavy force” means a military unit with armored motorized equipment, such as tanks, motorized artillery, and armored personnel carriers.
(4) The term “large force” means a military unit designated as a battalion or larger organizational unit.
(5) The term “Nevada Test and Training Range” means the land known as the Nevada Test and Training Range withdrawn and reserved by section 3011(b) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 886).
(6) The term “overlapping lands” means land withdrawn and reserved as the Nevada Test and Training Range that also is included as part of the Desert National Wildlife Refuge. This land is commonly referred to as the Joint-Use Area.
(7) The term “revised memorandum of understanding” means the current memorandum of understanding revised as required by subsection (c)(1) and other provisions of this section.
(8) The term “Secretaries” means the Secretary of the Air Force and the Secretary of the Interior acting jointly.
(9) The term “small force” means a military force of squad, platoon, or equivalent or smaller size.
(b) Improved coordination and management of overlapping lands.—The Secretaries shall coordinate the management of the overlapping lands for military use and wildlife refuge purposes consistent with their respective jurisdictional authorities described in paragraphs (3) and (5) of section 3011(b) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 887).
(c) Revision and extension of current Memorandum of understanding.—
(1) REVISION REQUIRED.—Not later than 2 years after the date of the enactment of this Act, the Secretaries shall revise the current memorandum of understanding to facilitate the management of the overlapping lands—
(A) for the purposes for which the Desert National Wildlife Refuge was established; and
(B) to support military training needs consistent with the uses described under section 3011(b)(1) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 886), as modified by subsection (f).
(2) RELATION TO CURRENT LAW.—Upon completion of the revision process, the revised memorandum of understanding shall supersede the current memorandum of understanding. Subject to paragraph (1) and subsection (d), clauses (i), (ii), (iii), and (iv) of section 3011(b)(5)(E) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 888) shall apply to the revised memorandum of understanding in the same manner as such clauses applied to the current memorandum of understanding.
(d) Elements of revised memorandum of understanding.—
(1) IN GENERAL.—The revised memorandum of understanding shall include, at a minimum, provisions to address the following:
(A) The proper management and protection of the natural and cultural resources of the overlapping lands.
(B) The sustainable use by the public of such resources to the extent consistent with existing laws and regulations, including applicable environmental laws.
(C) The use of the overlapping lands for the military training needs for which the lands are withdrawn and reserved and for wildlife conservation purposes for which the Desert National Wildlife Refuge was established, consistent with their respective jurisdictional authorities.
(2) CONSULTATION.—The Secretaries shall prepare the revised memorandum of understanding in consultation with the following:
(A) The resource consultative committee.
(B) Affected Indian tribes.
(3) TRIBAL ISSUES.—The revised memorandum of understanding shall include provisions to address the manner in which the Secretary of the Air Force will accomplish the following:
(A) Meet the United States trust responsibilities with respect to affected Indian tribes, tribal lands, and rights reserved by treaty or Federal law affected by the withdrawal and reservation of the overlapping lands.
(B) Guarantee reasonable access to, and use by members of affected Indian tribes of high priority cultural sites throughout the Nevada Test and Training Range, including the overlapping lands, consistent with the reservation of the lands for military use.
(C) Protect identified cultural and archaeological sites throughout the Nevada Test and Training Range, including the overlapping lands, and, in the event of an inadvertent ground disturbance of such a site, implement appropriate response activities to once again facilitate historic and subsistence use of the site by members of affected Indian tribes.
(D) Provide for timely consultation with affected Indian tribes as required by paragraph (2).
(4) GUARANTEEING DEPARTMENT OF THE INTERIOR ACCESS.—The revised memorandum of understanding