II 

Calendar No. 483 

116TH CONGRESS 

2D SESSION S. 4049 

To authorize appropriations for fiscal year 2021 for military activities of 

the Department of Defense, for military construction, and for defense 

activities of the Department of Energy, to prescribe military personnel 

strengths for such fiscal year, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2020 

Mr. INHOFE, from the Committee on Armed Services, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2021 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 4049 RS

1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into four divi4 sions as follows: 

5 (1) Division A—Department of Defense Au6 thorizations. 

7 (2) Division B—Military Construction Author8 izations. 

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions. 

12 (4) Division D—Funding Tables. 

13 (b) TABLE OF CONTENTS.—The table of contents for 

14 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

Sec. 4. Budgetary effects of this Act. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. Integrated air and missile defense assessment. 

Sec. 112. Report and limitation on Integrated Visual Augmentation System acquisition. 

Sec. 113. Modifications to requirement for an interim cruise missile defense capability. 

Subtitle C—Navy Programs 

Sec. 121. Contract authority for Columbia-class submarine program. 

Sec. 122. Limitation on Navy medium and large unmanned surface vessels. 

Sec. 123. Extension of prohibition on availability of funds for Navy waterborne 

security barriers. 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 4049 RS

Sec. 124. Procurement authorities for certain amphibious shipbuilding programs. 

Sec. 125. Fighter force structure acquisition strategy. 

Sec. 126. Treatment of systems added by Congress in future President’s budget 

requests. 

Sec. 127. Report on carrier wing composition. 

Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure full spectrum electromagnetic superiority. 

Subtitle D—Air Force Programs 

Sec. 141. Economic order quantity contracting authority for F–35 joint strike 

fighter program. 

Sec. 142. Minimum aircraft levels for major mission areas. 

Sec. 143. Minimum operational squadron level. 

Sec. 144. Minimum Air Force bomber aircraft level. 

Sec. 145. F–35 gun system. 

Sec. 146. Prohibition on funding for Close Air Support Integration Group. 

Sec. 147. Limitation on divestment of KC–10 and KC–135 aircraft. 

Sec. 148. Limitation on retirement of U–2 and RQ–4 aircraft. 

Sec. 149. Limitation on divestment of F–15C aircraft in the European theater. 

Sec. 150. Air base defense development and acquisition strategy. 

Sec. 151. Required solution for KC–46 aircraft remote visual system limitations. 

Sec. 152. Analysis of requirements and Advanced Battle Management System 

capabilities. 

Sec. 153. Studies on measures to assess cost-per-effect for key mission areas. 

Sec. 154. Plan for operational test and utility evaluation of systems for LowCost Attributable Aircraft Technology program. 

Sec. 155. Prohibition on retirement or divestment of A–10 aircraft. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 171. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air 

Force: annual plan and certification. 

Sec. 172. Authority to use F–35 aircraft withheld from delivery to Government 

of Turkey. 

Sec. 173. Transfer from Commander of United States Strategic Command to 

Chairman of the Joint Chiefs of Staff of responsibilities and 

functions relating to electromagnetic spectrum operations. 

Sec. 174. Cryptographic modernization schedules. 

Sec. 175. Prohibition on purchase of armed overwatch aircraft. 

Sec. 176. Special operations armed overwatch. 

Sec. 177. Autonomic Logistics Information System redesign strategy. 

Sec. 178. Contract aviation services in a country or in airspace in which a Special Federal Aviation Regulation applies. 

Sec. 179. F–35 aircraft munitions. 

Sec. 180. Airborne intelligence, surveillance, and reconnaissance acquisition 

roadmap for United States Special Operations Command. 

Sec. 181. Requirement to accelerate the fielding and development of counter 

unmanned aerial systems across the joint force. 

Sec. 182. Joint All Domain Command and Control requirements. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 4049 RS

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Designation and activities of senior officials for critical technology 

areas supportive of the National Defense Strategy. 

Sec. 212. Governance of fifth-generation wireless networking in the Department 

of Defense. 

Sec. 213. Application of artificial intelligence to the defense reform pillar of the 

National Defense Strategy. 

Sec. 214. Extension of authorities to enhance innovation at Department of Defense laboratories. 

Sec. 215. Updates to Defense Quantum Information Science and Technology 

Research and Development program. 

Sec. 216. Program of part-time and term employment at Department of Defense science and technology reinvention laboratories of faculty 

and students from institutions of higher education. 

Sec. 217. Improvements to Technology and National Security Fellowship of Department of Defense. 

Sec. 218. Department of Defense research, development, and deployment of 

technology to support water sustainment. 

Sec. 219. Development and testing of hypersonic capabilities. 

Sec. 220. Disclosure requirements for recipients of Department of Defense research and development grants. 

Subtitle C—Plans, Reports, and Other Matters 

Sec. 231. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries. 

Sec. 232. Independent comparative analysis of efforts by China and the United 

States to recruit and retain researchers in national security-related fields. 

Sec. 233. Department of Defense demonstration of virtualized radio access network and massive multiple input multiple output radio arrays 

for fifth generation wireless networking. 

Sec. 234. Independent technical review of Federal Communications Commission 

Order 20–48. 

Sec. 235. Report on and limitation on expenditure of funds for micro nuclear 

reactor programs. 

Sec. 236. Modification to Test Resource Management Center strategic plan reporting cycle and contents. 

Sec. 237. Limitation on contract awards for certain unmanned vessels. 

Sec. 238. Documentation relating to the Advanced Battle Management System. 

Sec. 239. Armed Services Vocational Aptitude Battery Test special purpose adjunct to address computational thinking. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 4049 RS

Sec. 311. Modifications and technical corrections to ensure restoration of contamination by perfluorooctane sulfonate and perfluorooctanoic 

acid. 

Sec. 312. Readiness and Environmental Protection Integration Program technical edits and clarification. 

Sec. 313. Survey and market research of technologies for phase out by Department of Defense of use of fluorinated aqueous film-forming 

foam. 

Sec. 314. Modification of authority to carry out military installation resilience 

projects. 

Sec. 315. Native American Indian lands environmental mitigation program. 

Sec. 316. Energy resilience and energy security measures on military installations. 

Sec. 317. Modification to availability of energy cost savings for Department of 

Defense. 

Sec. 318. Long-duration demonstration initiative and joint program. 

Sec. 319. Pilot program on alternative fuel vehicle purchasing. 

Subtitle C—Logistics and Sustainment 

Sec. 331. Repeal of statutory requirement for notification to Director of Defense Logistics Agency three years prior to implementing 

changes to any uniform or uniform component. 

Sec. 332. Clarification of limitation on length of overseas forward deployment 

of currently deployed naval vessels. 

Subtitle D—Reports 

Sec. 351. Report on impact of permafrost thaw on infrastructure, facilities, and 

operations of the Department of Defense. 

Sec. 352. Plans and reports on emergency response training for military installations. 

Sec. 353. Report on implementation by Department of Defense of requirements 

relating to renewable fuel pumps. 

Sec. 354. Report on effects of extreme weather on Department of Defense. 

Subtitle E—Other Matters 

Sec. 371. Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command. 

Sec. 372. Information on overseas construction projects in support of contingency operations using funds for operation and maintenance. 

Sec. 373. Provision of protection to the National Museum of the Marine Corps, 

the National Museum of the United States Army, the National 

Museum of the United States Navy, and the National Museum 

of the United States Air Force. 

Sec. 374. Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations. 

Sec. 375. Repeal of sunset for minimum annual purchase amount for carriers 

participating in the Civil Reserve Air Fleet. 

Sec. 376. Improvement of the Operational Energy Capability Improvement 

Fund of the Department of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 4049 RS

Sec. 377. Commission on the naming of items of the Department of Defense 

that commemorate the Confederate States of America or any 

person who served voluntarily with the Confederate States of 

America. 

Sec. 378. Modifications to review of proposed actions by Military Aviation and 

Installation Assurance Clearinghouse. 

Sec. 379. Adjustment in availability of appropriations for unusual cost overruns 

and for changes in scope of work. 

Sec. 380. Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or 

terrorist attacks on installations of Department of Defense. 

Sec. 381. Clarification of food ingredient requirements for food or beverages 

provided by the Department of Defense. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. End strength level matters. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Sec. 415. Separate authorization by Congress of minimum end strengths for 

non-temporary military technicians (dual status) and maximum 

end strengths for temporary military technicians (dual status). 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Repeal of codified specification of authorized strengths of certain 

commissioned officers on active duty. 

Sec. 502. Temporary expansion of availability of enhanced constructive service 

credit in a particular career field upon original appointment as 

a commissioned officer. 

Sec. 503. Requirement for promotion selection board recommendation of higher 

placement on promotion list of officers of particular merit. 

Sec. 504. Special selection review boards for review of promotion of officers 

subject to adverse information identified after recommendation 

for promotion and related matters. 

Sec. 505. Number of opportunities for consideration for promotion under alternative promotion authority. 

Sec. 506. Mandatory retirement for age. 

Sec. 507. Clarifying and improving restatement of rules on the retired grade of 

commissioned officers. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 4049 RS

Sec. 508. Repeal of authority for original appointment of regular Navy officers 

designated for engineering duty, aeronautical engineering duty, 

and special duty. 

Subtitle B—Reserve Component Management 

Sec. 511. Exclusion of certain reserve general and flag officers on active duty 

from limitations on authorized strengths. 

Subtitle C—General Service Authorities 

Sec. 516. Increased access to potential recruits. 

Sec. 517. Temporary authority to order retired members to active duty in highdemand, low-density assignments during war or national emergency. 

Sec. 518. Certificate of Release or Discharge from Active Duty (DD Form 214) 

matters. 

Sec. 519. Evaluation of barriers to minority participation in certain units of the 

Armed Forces. 

Subtitle D—Military Justice and Related Matters 

PART I—INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL

ASSAULT AND RELATED MATTERS

Sec. 521. Modification of time required for expedited decisions in connection 

with applications for change of station or unit transfer of members who are victims of sexual assault or related offenses. 

Sec. 522. Defense Advisory Committee for the Prevention of Sexual Misconduct. 

Sec. 523. Report on ability of Sexual Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates to perform duties. 

Sec. 524. Briefing on Special Victims’ Counsel program. 

Sec. 525. Accountability of leadership of the Department of Defense for discharging the sexual harassment policies and programs of the 

Department. 

Sec. 526. Safe-to-report policy applicable across the Armed Forces. 

Sec. 527. Additional bases for provision of advice by the Defense Advisory 

Committee for the Prevention of Sexual Misconduct. 

Sec. 528. Additional matters for reports of the Defense Advisory Committee for 

the Prevention of Sexual Misconduct. 

Sec. 529. Policy on separation of victim and accused at military service academies and degree-granting military educational institutions. 

Sec. 530. Briefing on placement of members of the Armed Forces in academic 

status who are victims of sexual assault onto Non-Rated Periods. 

PART II—OTHER MILITARY JUSTICE MATTERS

Sec. 531. Right to notice of victims of offenses under the Uniform Code of Military Justice regarding certain post-trial motions, filings, and 

hearings. 

Sec. 532. Consideration of the evidence by Courts of Criminal Appeals. 

Sec. 533. Preservation of records of the military justice system. 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 4049 RS

Sec. 534. Comptroller General of the United States report on implementation 

by the Armed Forces of recent GAO recommendations and 

statutory requirements on assessment of racial, ethnic, and 

gender disparities in the military justice system. 

Sec. 535. Briefing on mental health support for vicarious trauma for certain 

personnel in the military justice system. 

Sec. 536. Guardian ad litem program for minor dependents of members of the 

Armed Forces. 

Subtitle E—Member Education, Training, Transition, and Resilience 

Sec. 541. Training on religious accommodation for members of the Armed 

Forces. 

Sec. 542. Additional elements with 2021 certifications on the Ready, Relevant 

Learning initiative of the Navy. 

Sec. 543. Report on standardization and potential merger of law enforcement 

training for military and civilian personnel across the Department of Defense. 

Sec. 544. Quarterly reports on implementation of recommendations of the Comprehensive Review of Special Operations Forces Culture and 

Ethics. 

Sec. 545. Information on nominations and applications for military service 

academies. 

Sec. 546. Pilot programs in connection with Senior Reserve Officers’ Training 

Corps units at Historically Black Colleges and Universities and 

minority institutions. 

Sec. 547. Expansion of Junior Reserve Officers’ Training Corps Program. 

Sec. 548. Department of Defense STARBASE Program. 

Subtitle F—Decorations and Awards 

Sec. 551. Award or presentation of decorations favorably recommended following determination on merits of proposals for decorations not 

previously submitted in a timely fashion. 

Sec. 552. Honorary promotion matters. 

Subtitle G—Defense Dependents’ Education and Military Family Readiness 

Matters 

PART I—DEFENSE DEPENDENTS’ EDUCATION MATTERS

Sec. 561. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 562. Impact aid for children with severe disabilities. 

Sec. 563. Staffing of Department of Defense Education Activity schools to 

maintain maximum student-to-teacher ratios. 

Sec. 564. Matters in connection with free appropriate public education for dependents of members of the Armed Forces with special needs. 

Sec. 565. Pilot program on expanded eligibility for Department of Defense 

Education Activity Virtual High School program. 

Sec. 566. Pilot program on expansion of eligibility for enrollment at domestic 

dependent elementary and secondary schools. 

Sec. 567. Comptroller General of the United States report on the structural 

condition of Department of Defense Education Activity schools. 

PART II—MILITARY FAMILY READINESS MATTERS


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 4049 RS

Sec. 571. Responsibility for allocation of certain funds for military child development programs. 

Sec. 572. Improvements to Exceptional Family Member Program. 

Sec. 573. Procedures of the Office of Special Needs for the development of individualized services plans for military families with special 

needs. 

Sec. 574. Restatement and clarification of authority to reimburse members for 

spouse relicensing costs pursuant to a permanent change of 

station. 

Sec. 575. Improvements to Department of Defense tracking of and response to 

incidents of child abuse involving military dependents on military installations. 

Sec. 576. Military child care and child development center matters. 

Sec. 577. Expansion of financial assistance under My Career Advancement Account program. 

Subtitle H—Other Matters 

Sec. 586. Removal of personally identifying and other information of certain 

persons from investigative reports, the Department of Defense 

Central Index of Investigations, and other records and databases. 

Sec. 587. National emergency exception for timing requirements with respect to 

certain surveys of members of the Armed Forces. 

Sec. 588. Sunset and transfer of functions of the Physical Disability Board of 

Review. 

Sec. 589. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the federal voting assistance program. 

Sec. 590. Pilot programs on remote provision by National Guard to State governments and National Guards of other States of cybersecurity 

technical assistance in training, preparation, and response to 

cyber incidents. 

Sec. 591. Plan on performance of funeral honors details by members of other 

Armed Forces when members of the Armed Force of the deceased are unavailable. 

Sec. 592. Limitation on implementation of Army Combat Fitness Test. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Reorganization of certain allowances other than travel and transportation allowances. 

Sec. 602. Hazardous duty pay for members of the Armed Forces performing 

duty in response to the Coronavirus Disease 2019. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain expiring bonus and special pay authorities. 

Sec. 612. Increase in special and incentive pays for officers in health professions. 

Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 4049 RS

Sec. 621. Inclusion of drill or training foregone due to emergency travel or duty 

restrictions in computations of entitlement to and amounts of 

retired pay for non-regular service. 

Sec. 622. Modernization and clarification of payment of certain Reserves while 

on duty. 

Subtitle D—Other Matters 

Sec. 631. Permanent authority for and enhancement of the Government lodging 

program. 

Sec. 632. Approval of certain activities by retired and reserve members of the 

uniformed services. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Authority for Secretary of Defense to manage provider type referral 

and supervision requirements under TRICARE program. 

Sec. 702. Removal of Christian Science providers as authorized providers under 

the TRICARE program. 

Sec. 703. Waiver of fees charged to certain civilians for emergency medical 

treatment provided at military medical treatment facilities. 

Sec. 704. Mental health resources for members of the Armed Forces and their 

dependents during the COVID–19 pandemic. 

Sec. 705. Transitional health benefits for certain members of the National 

Guard serving under orders in response to the coronavirus 

(COVID–19). 

Sec. 706. Extramedical maternal health providers demonstration project. 

Sec. 707. Pilot program on receipt of non-generic prescription maintenance 

medications under TRICARE pharmacy benefits program. 

Subtitle B—Health Care Administration 

Sec. 721. Modifications to transfer of Army Medical Research and Development 

Command and public health commands to Defense Health 

Agency. 

Sec. 722. Delay of applicability of administration of TRICARE dental plans 

through Federal Employees Dental and Vision Insurance Program. 

Sec. 723. Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care. 

Subtitle C—Reports and Other Matters 

Sec. 741. Extension of authority for Joint Department of Defense-Department 

of Veterans Affairs Medical Facility Demonstration Fund. 

Sec. 742. Membership of Board of Regents of Uniformed Services University of 

the Health Sciences. 

Sec. 743. Military Health System Clinical Quality Management Program. 

Sec. 744. Modifications to pilot program on civilian and military partnerships 

to enhance interoperability and medical surge capability and 

capacity of National Disaster Medical System. 

Sec. 745. Study on force mix options and service models to enhance readiness 

of medical force of the Armed Forces to provide combat casualty care. 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 4049 RS

Sec. 746. Comptroller General study on delivery of mental health services to 

members of the reserve components of the Armed Forces. 

Sec. 747. Review and report on prevention of suicide among members of the 

Armed Forces stationed at remote installations outside the contiguous United States. 

Sec. 748. Audit of medical conditions of tenants in privatized military housing. 

Sec. 749. Comptroller General study on prenatal and postpartum mental health 

conditions among members of the Armed Forces and their dependents. 

Sec. 750. Plan for evaluation of flexible spending account options for members 

of the uniformed services and their families. 

Sec. 751. Assessment of receipt by civilians of emergency medical treatment at 

military medical treatment facilities. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Industrial Base Matters 

Sec. 801. Policy recommendations for implementation of Executive Order 

13806 (Assessing and Strengthening the Manufacturing and 

Defense Industrial Base and Supply Chain Resiliency). 

Sec. 802. Assessment of national security innovation base. 

Sec. 803. Improving implementation of policy pertaining to the national technology and industrial base. 

Sec. 804. Modification of framework for modernizing acquisition processes to 

ensure integrity of industrial base. 

Sec. 805. Assessments of industrial base capabilities and capacity. 

Sec. 806. Analyses of certain materials and technology sectors for action to address sourcing and industrial capacity. 

Sec. 807. Microelectronics manufacturing strategy. 

Sec. 808. Additional requirements pertaining to printed circuit boards. 

Sec. 809. Statement of policy with respect to supply of strategic minerals and 

metals for Department of Defense purposes. 

Sec. 810. Report on strategic and critical minerals and metals. 

Sec. 811. Stabilization of shipbuilding industrial base workforce. 

Sec. 812. Miscellaneous limitations on the procurement of goods other than 

United States goods. 

Sec. 813. Use of domestically sourced star trackers in national security satellites. 

Sec. 814. Modification to small purchase threshold exception to sourcing requirements for certain articles. 

Subtitle B—Acquisition Policy and Management 

Sec. 831. Report on acquisition risk assessment and mitigation as part of 

Adaptive Acquisition Framework implementation. 

Sec. 832. Comptroller General report on implementation of software acquisition 

reforms. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 841. Authority to acquire innovative commercial products and services 

using general solicitation competitive procedures. 

Sec. 842. Truth in Negotiations Act threshold for Department of Defense contracts. 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 4049 RS

Sec. 843. Revision of proof required when using an evaluation factor for defense contractors employing or subcontracting with members of 

the selected reserve of the reserve components of the Armed 

Forces. 

Sec. 844. Contract authority for advanced development of initial or additional 

prototype units. 

Sec. 845. Definition of business system deficiencies for contractor business systems. 

Sec. 846. Repeal of pilot program on payment of costs for denied Government 

Accountability Office bid protests. 

Subtitle D—Provisions Relating to Major Defense Acquisition Programs 

Sec. 861. Implementation of modular open systems architecture requirements. 

Sec. 862. Sustainment reviews. 

Sec. 863. Recommendations for future direct selections. 

Sec. 864. Disclosures for certain shipbuilding major defense acquisition program offers. 

Subtitle E—Small Business Matters 

Sec. 871. Prompt payment of contractors. 

Sec. 872. Extension of pilot program for streamlined awards for innovative 

technology programs. 

Subtitle F—Provisions Related to Software-Driven Capabilities 

Sec. 881. Inclusion of software in government performance of acquisition functions. 

Sec. 882. Balancing security and innovation in software development and acquisition. 

Sec. 883. Comptroller General report on intellectual property acquisition and licensing. 

Subtitle G—Other Matters 

Sec. 891. Safeguarding defense-sensitive United States intellectual property, 

technology, and other data and information. 

Sec. 892. Domestic comparative testing activities. 

Sec. 893. Repeal of apprenticeship program. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Office of the Secretary of Defense and Related Matters 

Sec. 901. Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and related matters. 

Sec. 902. Redesignation and codification in law of Office of Economic Adjustment. 

Sec. 903. Modernization of process used by the Department of Defense to identify, task, and manage Congressional reporting requirements. 

Sec. 904. Inclusion of Vice Chief of the National Guard Bureau as an advisor 

to the Joint Requirements Oversight Council. 

Sec. 905. Assignment of responsibility for the Arctic region within the Office 

of the Secretary of Defense. 

Subtitle B—Department of Defense Management Reform 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 4049 RS

Sec. 911. Termination of position of Chief Management Officer of the Department of Defense. 

Sec. 912. Report on assignment of responsibilities, duties, and authorities of 

Chief Management Officer to other officers or employees of the 

Department of Defense. 

Sec. 913. Performance Improvement Officer of the Department of Defense. 

Sec. 914. Assignment of certain responsibilities and duties to particular officers 

of the Department of Defense. 

Sec. 915. Assignment of responsibilities and duties of Chief Management Officer to officers or employees of the Department of Defense to 

be designated. 

Sec. 916. Definition of enterprise business operations for title 10, United 

States Code. 

Sec. 917. Annual report on enterprise business operations of the Department 

of Defense. 

Sec. 918. Conforming amendments. 

Subtitle C—Space Force Matters 

PART I—AMENDMENTS TO INTEGRATE THE SPACE FORCE INTO LAW

Sec. 931. Clarification of Space Force and Chief of Space Operations authorities. 

Sec. 932. Amendments to Department of the Air Force provisions in title 10, 

United States Code. 

Sec. 933. Amendments to other provisions of title 10, United States Code. 

Sec. 934. Amendments to provisions of law relating to pay and allowances. 

Sec. 935. Amendments relating to provisions of law on veterans’ benefits. 

Sec. 936. Amendments to other provisions of the United States Code. 

Sec. 937. Applicability to other provisions of law. 

PART II—OTHER MATTERS

Sec. 941. Matters relating to reserve components for the Space Force. 

Sec. 942. Transfers of military and civilian personnel to the Space Force. 

Sec. 943. Limitation on transfer of military installations to the jurisdiction of 

the Space Force. 

Subtitle D—Organization and Management of Other Department of Defense 

Offices and Elements 

Sec. 951. Annual report on establishment of field operating agencies. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Application of Financial Improvement and Audit Remediation Plan 

to fiscal years following fiscal year 2020. 

Subtitle B—Counterdrug Activities 

Sec. 1011. Codification of authority for joint task forces of the Department of 

Defense to support law enforcement agencies conducting 

counterterrorism or counter-transnational organized crime activities. 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 4049 RS

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Modification of authority to purchase used vessels with funds in the 

National Defense Sealift Fund. 

Sec. 1022. Waiver during war or threat to national security of restrictions on 

overhaul, repair, or maintenance of vessels in foreign shipyards. 

Sec. 1023. Modification of waiver authority on prohibition on use of funds for 

retirement of certain legacy maritime mine countermeasure 

platforms. 

Sec. 1024. Extension of authority for reimbursement of expenses for certain 

Navy mess operations afloat. 

Sec. 1025. Sense of Congress on actions necessary to achieve a 355-ship Navy. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of prohibition on use of funds for transfer or release of 

individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. 

Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Extension of prohibition on use of funds for transfer or release of 

individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. 

Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred 

from United States Naval Station, Guantanamo Bay, Cuba. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Inclusion of disaster-related emergency preparedness activities 

among law enforcement activities authorities for sale or donation of excess personal property of the Department of Defense. 

Sec. 1042. Expenditure of funds for Department of Defense clandestine activities that support operational preparation of the environment. 

Sec. 1043. Clarification of authority of military commissions under chapter 47A 

of title 10, United States Code, to punish contempt. 

Sec. 1044. Prohibition on actions to infringe upon First Amendment rights of 

peaceable assembly and petition for redress of grievances. 

Sec. 1045. Arctic planning, research, and development. 

Sec. 1046. Consideration of security risks in certain telecommunications architecture for future overseas basing decisions of the Department 

of Defense. 

Sec. 1047. Foreign military training programs. 

Sec. 1048. Reporting of adverse events relating to consumer products on military installations. 

Sec. 1049. Inclusion of United States Naval Sea Cadet Corps among youth and 

charitable organizations authorized to receive assistance from 

the National Guard. 

Sec. 1050. Department of Defense policy for the regulation of dangerous dogs. 

Sec. 1051. Sense of Congress on the basing of KC–46A aircraft outside the 

contiguous United States. 

Subtitle F—Studies and Reports 

Sec. 1061. Report on potential improvements to certain military educational institutions of the Department of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 4049 RS

Sec. 1062. Reports on status and modernization of the North Warning System. 

Sec. 1063. Studies on the force structure for Marine Corps aviation. 

Subtitle G—Other Matters 

Sec. 1081. Department of Defense strategic Arctic ports. 

Sec. 1082. Personal protective equipment matters. 

Sec. 1083. Estimate of damages from Federal Communications Commission 

Order 20–48. 

Sec. 1084. Modernization effort. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—Department of Defense Matters 

Sec. 1101. Enhanced pay authority for certain acquisition and technology positions in the Department of Defense. 

Sec. 1102. Enhanced pay authority for certain research and technology positions in the science and technology reinvention laboratories of 

the Department of Defense. 

Sec. 1103. Extension of enhanced appointment and compensation authority for 

civilian personnel for care and treatment of wounded and injured members of the Armed Forces. 

Sec. 1104. Extension of overtime rate authority for Department of the Navy 

employees performing work aboard or dockside in support of 

the nuclear-powered aircraft carrier forward deployed in Japan. 

Sec. 1105. Expansion of direct hire authority for certain Department of Defense personnel to include installation military housing office 

positions supervising privatized military housing. 

Sec. 1106. Extension of sunset of inapplicability of certification of executive 

qualifications by qualification certification review board of Office of Personnel Management for initial appointments to Senior Executive Service positions in Department of Defense. 

Sec. 1107. Pilot program on enhanced pay authority for certain high-level management positions in the Department of Defense. 

Sec. 1108. Pilot program on expanded authority for appointment of recently retired members of the Armed Forces to positions in the Department of Defense. 

Sec. 1109. Direct hire authority and relocation incentives for positions at remote locations. 

Sec. 1110. Modification of direct hire authority for certain personnel involved 

with Department of Defense maintenance activities. 

Sec. 1110A. Fire Fighters Alternative Work Schedule demonstration project for 

the Navy Region Mid-Atlantic Fire and Emergency Services. 

Subtitle B—Government-Wide Matters 

Sec. 1111. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a 

combat zone. 

Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1113. Technical amendments to authority for reimbursement of Federal, 

State, and local income taxes incurred during travel, transportation, and relocation. 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 4049 RS

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Authority to build capacity for additional operations. 

Sec. 1202. Authority to build capacity for air sovereignty operations. 

Sec. 1203. Modification to the Inter-European Air Forces Academy. 

Sec. 1204. Modification to support of special operations for irregular warfare. 

Sec. 1205. Extension and modification of authority to support border security 

operations of certain foreign countries. 

Sec. 1206. Modification of authority for participation in multinational centers 

of excellence. 

Sec. 1207. Implementation of the Women, Peace, and Security Act of 2017. 

Sec. 1208. Ted Stevens Center for Arctic Security Studies. 

Sec. 1209. Functional Center for Security Studies in Irregular Warfare. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States 

military operations. 

Sec. 1212. Extension and modification of Commanders’ Emergency Response 

Program. 

Sec. 1213. Extension and modification of support for reconciliation activities 

led by the Government of Afghanistan. 

Sec. 1214. Sense of Senate on special immigrant visa program for Afghan allies. 

Sec. 1215. Sense of Senate and report on United States presence in Afghanistan. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Sec. 1221. Extension of authority and limitation on use of funds to provide assistance to counter the Islamic State of Iraq and Syria. 

Sec. 1222. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. 

Sec. 1223. Extension and modification of authority to support operations and 

activities of the Office of Security Cooperation in Iraq. 

Subtitle D—Matters Relating to Europe and the Russian Federation 

Sec. 1231. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 

Sec. 1232. Prohibition on availability of funds relating to sovereignty of the 

Russian Federation over Crimea. 

Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative. 

Sec. 1234. Report on capability and capacity requirements of military forces of 

Ukraine and resource plan for security assistance. 

Sec. 1235. Sense of Senate on North Atlantic Treaty Organization enhanced 

opportunities partner status for Ukraine. 

Sec. 1236. Extension of authority for training for Eastern European national 

security forces in the course of multilateral exercises. 

Sec. 1237. Sense of Senate on Kosovo and the role of the Kosovo Force of the 

North Atlantic Treaty Organization. 

Sec. 1238. Sense of Senate on strategic competition with the Russian Federation and related activities of the Department of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 4049 RS

Sec. 1239. Report on Russian Federation support of racially and ethnically motivated violent extremists. 

Sec. 1240. Participation in European program on multilateral exchange of surface transportation services. 

Sec. 1241. Participation in programs relating to coordination or exchange of air 

refueling and air transportation services. 

Subtitle E—Matters Relating to the Indo-Pacific Region 

Sec. 1251. Pacific Deterrence Initiative. 

Sec. 1252. Sense of Senate on the United States-Vietnam defense relationship. 

Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup. 

Sec. 1254. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. 

Sec. 1255. Provision of goods and services at Kwajalein Atoll, Republic of the 

Marshall Islands. 

Sec. 1256. Authority to establish a Movement Coordination Center Pacific in 

the Indo-Pacific region and participate in an Air Transport 

and Air-to-Air Refueling and other Exchanges of Services program. 

Sec. 1257. Training of ally and partner air forces in Guam. 

Sec. 1258. Statement of policy and sense of Senate on the Taiwan Relations 

Act. 

Sec. 1259. Sense of Congress on port calls in Taiwan with the USNS Comfort 

and the USNS Mercy. 

Sec. 1260. Limitation on use of funds to reduce total number of members of 

the Armed Forces serving on active duty who are deployed to 

the Republic of Korea. 

Sec. 1261. Sense of Congress on co-development with Japan of a long-range 

ground-based anti-ship cruise missile system. 

Subtitle F—Reports 

Sec. 1271. Review of and report on overdue acquisition and cross-servicing 

agreement transactions. 

Sec. 1272. Report on burden sharing contributions by designated countries. 

Sec. 1273. Report on risk to personnel, equipment, and operations due to 

Huawei 5G architecture in host countries. 

Subtitle G—Other Matters 

Sec. 1281. Reciprocal patient movement agreements. 

Sec. 1282. Extension of authorization of non-conventional assisted recovery capabilities. 

Sec. 1283. Extension of Department of Defense support for stabilization activities in national security interest of the United States. 

Sec. 1284. Notification with respect to withdrawal of members of the Armed 

Forces participating in the Multinational Force and Observers 

in Egypt. 

Sec. 1285. Modification to initiative to support protection of national security 

academic researchers from undue influence and other security 

threats. 

Sec. 1286. Establishment of United States-Israel Operations-Technology Working Group. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 4049 RS

Sec. 1301. Funding allocations for Department of Defense Cooperative Threat 

Reduction Program. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1404. Defense Inspector General. 

Sec. 1405. Defense Health Program. 

Subtitle B—Armed Forces Retirement Home 

Sec. 1411. Authorization of appropriations for Armed Forces Retirement 

Home. 

Sec. 1412. Periodic inspections of Armed Forces Retirement Home facilities by 

nationally recognized accrediting organization. 

Sec. 1413. Expansion of eligibility for residence at the Armed Forces Retirement Home. 

Subtitle C—Other Matters 

Sec. 1421. 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. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Overseas contingency operations. 

Sec. 1503. Procurement. 

Sec. 1504. Research, development, test, and evaluation. 

Sec. 1505. Operation and maintenance. 

Sec. 1506. Military personnel. 

Sec. 1507. Working capital funds. 

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1509. Defense Inspector General. 

Sec. 1510. Defense Health Program. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Other Matters 

Sec. 1531. Afghanistan Security Forces Fund. 

Sec. 1532. Transition and enhancement of inspector general authorities for Afghanistan reconstruction. 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 4049 RS

Subtitle A—Space Activities 

Sec. 1601. Resilient and survivable positioning, navigation, and timing capabilities. 

Sec. 1602. Distribution of launches for phase two of acquisition strategy for 

National Security Space Launch program. 

Sec. 1603. Development efforts for National Security Space Launch providers. 

Sec. 1604. Timeline for nonrecurring design validation for responsive space 

launch. 

Sec. 1605. Tactically responsive space launch operations. 

Sec. 1606. Conforming amendments relating to reestablishment of Space Command. 

Sec. 1607. Space Development Agency development requirements and transfer 

to Space Force. 

Sec. 1608. Space launch rate assessment. 

Sec. 1609. Report on impact of acquisition strategy for the National Security 

Space Launch Program on emerging foreign space launch providers. 

Subtitle B—Cyberspace-Related Matters 

Sec. 1611. Modification of position of Principal Cyber Advisor. 

Sec. 1612. Framework for cyber hunt forward operations. 

Sec. 1613. Modification of scope of notification requirements for sensitive military cyber operations. 

Sec. 1614. Modification of requirements for quarterly Department of Defense 

cyber operations briefings for Congress. 

Sec. 1615. Rationalization and integration of parallel cybersecurity architectures and operations. 

Sec. 1616. Modification of acquisition authority of Commander of United 

States Cyber Command. 

Sec. 1617. Assessment of cyber operational planning and deconfliction policies 

and processes. 

Sec. 1618. Pilot program on cybersecurity capability metrics. 

Sec. 1619. Assessment of effect of inconsistent timing and use of Network Address Translation in Department of Defense networks. 

Sec. 1620. Matters concerning the College of Information and Cyberspace at 

National Defense University. 

Sec. 1621. Modification of mission of cyber command and assignment of cyber 

operations forces. 

Sec. 1622. Integration of Department of Defense user activity monitoring and 

cybersecurity. 

Sec. 1623. Defense industrial base cybersecurity sensor architecture plan. 

Sec. 1624. Extension of Cyberspace Solarium Commission to track and assess 

implementation. 

Sec. 1625. Review of regulations and promulgation of guidance relating to National Guard responses to cyber attacks. 

Sec. 1626. Improvements relating to the quadrennial cyber posture review. 

Sec. 1627. Report on enabling United States Cyber Command resource allocation. 

Sec. 1628. Evaluation of options for establishing a cyber reserve force. 

Sec. 1629. Ensuring cyber resiliency of nuclear command and control system. 

Sec. 1630. Modification of requirements relating to the Strategic Cybersecurity 

Program and the evaluation of cyber vulnerabilities of major 

weapon systems of the Department of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 4049 RS

Sec. 1631. Defense industrial base participation in a cybersecurity threat intelligence sharing program. 

Sec. 1632. Assessment on defense industrial base cybersecurity threat hunting. 

Sec. 1633. Assessing risk to national security of quantum computing. 

Sec. 1634. Applicability of reorientation of Big Data Platform program to Department of Navy. 

Sec. 1635. Expansion of authority for access and information relating to cyber 

attacks on operationally critical contractors of the Armed 

Forces. 

Sec. 1636. Requirements for review of and limitations on the Joint Regional 

Security Stacks activity. 

Sec. 1637. Independent assessment of establishment of a National Cyber Director. 

Sec. 1638. Modification of authority to use operation and maintenance funds 

for cyber operations-peculiar capability development projects. 

Sec. 1639. Personnel management authority for Commander of United States 

Cyber Command and development program for offensive cyber 

operations. 

Sec. 1640. Implementation of information operations matters. 

Sec. 1641. Report on Cyber Institutes Program. 

Sec. 1642. Assistance for small manufacturers in the defense industrial supply 

chain on matters relating to cybersecurity. 

Subtitle C—Nuclear Forces 

Sec. 1651. Modification to responsibilities of Nuclear Weapons Council. 

Sec. 1652. Responsibility of Nuclear Weapons Council in preparation of National Nuclear Security Administration budget. 

Sec. 1653. Modification of Government Accountability Office review of annual 

reports on nuclear weapons enterprise. 

Sec. 1654. Prohibition on reduction of the intercontinental ballistic missiles of 

the United States. 

Sec. 1655. Sense of the Senate on nuclear cooperation between the United 

States and the United Kingdom. 

Subtitle D—Missile Defense Programs 

Sec. 1661. Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program co-development and co-production. 

Sec. 1662. Acceleration of the deployment of hypersonic and ballistic tracking 

space sensor payload. 

Sec. 1663. Extension of prohibition relating to missile defense information and 

systems. 

Sec. 1664. Report on and limitation on expenditure of funds for layered homeland missile defense system. 

Sec. 1665. Extension of requirement for Comptroller General review and assessment of missile defense acquisition programs. 

Sec. 1666. Repeal of requirement for reporting structure of Missile Defense 

Agency. 

Sec. 1667. Ground-based midcourse defense interim capability. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified 

by law. 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 4049 RS

Sec. 2003. Effective date. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Modification of authority to carry out fiscal year 2017 project at 

Camp Walker, Korea. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out fiscal year 2018 project at 

Royal Air Force Lakenheath. 

Sec. 2306. Modification of authority to carry out certain fiscal year 2019 

projects. 

Sec. 2307. Modification of authority to carry out certain fiscal year 2020 family 

housing projects. 

Sec. 2308. Modification of authority to carry out certain fiscal year 2020 

projects. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program 

projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

TITLE XXV—INTERNATIONAL PROGRAMS 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

Sec. 2503. Execution of projects under the North Atlantic Treaty Organization 

Security Investment Program. 

Subtitle B—Host Country In-Kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 

Sec. 2512. Qatar funded construction projects. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 4049 RS

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Modification of authority to carry out fiscal year 2020 project in 

Alabama. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account. 

Sec. 2702. Prohibition on conducting additional base realignment and closure 

(BRAC) round. 

TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL 

PROVISIONS 

Subtitle A—Military Construction Program 

Sec. 2801. Responsibility of Navy for military construction requirements for 

certain Fleet Readiness Centers. 

Sec. 2802. Construction of ground-based strategic deterrent launch facilities 

and launch centers for Air Force. 

Subtitle B—Military Family Housing 

Sec. 2821. Prohibition on substandard family housing units. 

Sec. 2822. Technical corrections to privatized military housing program. 

Sec. 2823. Requirement that Secretary of Defense implement recommendations 

relating to military family housing contained in report by Inspector General of Department of Defense. 

Subtitle C—Project Management and Oversight Reforms 

Sec. 2841. Promotion of energy resilience and energy security in privatized utility systems. 

Sec. 2842. Consideration of energy security and energy resilience in life-cycle 

cost for military construction. 

Subtitle D—Land Conveyances 

Sec. 2861. Renewal of Fallon Range Training Complex land withdrawal and 

reservation. 

Sec. 2862. Renewal of Nevada Test and Training Range land withdrawal and 

reservation. 

Sec. 2863. Transfer of land under the administrative jurisdiction of the Department of the Interior within Naval Support Activity Panama 

City, Florida. 

Sec. 2864. Land conveyance, Camp Navajo, Arizona. 

Subtitle E—Other Matters 

Sec. 2881. Military family readiness considerations in basing decisions. 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 4049 RS

Sec. 2882. Prohibition on use of funds to reduce air base resiliency or demolish 

protected aircraft shelters in the European theater without creating a similar protection from attack. 

Sec. 2883. Prohibitions relating to closure or returning to host nation of existing bases under the European Consolidation Initiative. 

Sec. 2884. Enhancement of authority to accept conditional gifts of real property on behalf of military museums. 

Sec. 2885. Equal treatment of insured depository institutions and credit unions 

operating on military installations. 

Sec. 2886. Report on operational aviation units impacted by noise restrictions 

or noise mitigation measures. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

Sec. 2901. Authorized Navy construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition projects. 

Sec. 2903. Authorization of appropriations. 

Sec. 2904. Replenishment of certain military constructions funds. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs and Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Nuclear energy. 

Subtitle B—Budget of the National Nuclear Security Administration 

Sec. 3111. Review of adequacy of nuclear weapons budget. 

Sec. 3112. Treatment of budget of National Nuclear Security Administration. 

Sec. 3113. Responsibility of Administrator for Nuclear Security for ensuring 

National Nuclear Security Administration budget satisfies nuclear weapons needs of Department of Defense. 

Sec. 3114. Participation of Secretary of Defense in planning, programming, 

budgeting, and execution process of National Nuclear Security 

Administration. 

Sec. 3115. Requirement for updated planning, programming, budgeting, and 

execution guidance for National Nuclear Security Administration. 

Sec. 3116. Cross-training in budget processes of Department of Defense and 

National Nuclear Security Administration. 

Subtitle C—Personnel Matters 

Sec. 3121. National Nuclear Security Administration Personnel System. 

Sec. 3122. Inclusion of certain employees and contractors of Department of 

Energy in definition of public safety officer for purposes of certain death benefits. 

Sec. 3123. Reimbursement for liability insurance for nuclear materials couriers. 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 4049 RS

Sec. 3124. Transportation and moving expenses for immediate family of deceased nuclear materials couriers. 

Sec. 3125. Extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Subtitle D—Cybersecurity 

Sec. 3131. Reporting on penetrations of networks of contractors and subcontractors. 

Sec. 3132. Clarification of responsibility for cybersecurity of National Nuclear 

Security Administration facilities. 

Subtitle E—Defense Environmental Cleanup 

Sec. 3141. Public statement of environmental liabilities for facilities undergoing 

defense environmental cleanup. 

Sec. 3142. Inclusion of missed milestones in future-years defense environmental 

cleanup plan. 

Sec. 3143. Classification of defense environmental cleanup as capital asset 

projects or operations activities. 

Sec. 3144. Continued analysis of approaches for supplemental treatment of lowactivity waste at Hanford Nuclear Reservation. 

Subtitle F—Other Matters 

Sec. 3151. Modifications to enhanced procurement authority to manage supply 

chain risk. 

Sec. 3152. Laboratory- or production facility-directed research and development 

programs. 

Sec. 3153. Prohibition on use of laboratory- or production facility-directed research and development funds for general and administrative 

overhead costs. 

Sec. 3154. Monitoring of industrial base for nuclear weapons components, subsystems, and materials. 

Sec. 3155. Prohibition on use of funds for advanced naval nuclear fuel system 

based on low-enriched uranium. 

Sec. 3156. Authorization of appropriations for W93 nuclear warhead program. 

Sec. 3157. Review of future of computing beyond exascale at the National Nuclear Security Administration. 

Sec. 3158. Application of requirement for independent cost estimates and reviews to new nuclear weapon systems. 

Sec. 3159. Extension and expansion of limitations on importation of uranium 

from Russian Federation. 

Sec. 3160. Integration of stockpile stewardship and nonproliferation missions. 

Sec. 3161. Technology development and integration program. 

Sec. 3162. Advanced manufacturing development program. 

Sec. 3163. Materials science program. 

Sec. 3164. Modifications to Inertial Confinement Fusion Ignition and High 

Yield Program. 

Sec. 3165. Earned value management program for life extension programs. 

Sec. 3166. Use of high performance computing capabilities for COVID–19 research. 

Sec. 3167. Availability of stockpile responsiveness funds for projects to reduce 

time necessary to execute a nuclear test. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 4049 RS

Sec. 3201. Authorization. 

Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities 

Safety Board. 

Sec. 3203. Improvements to operations of Defense Nuclear Facilities Safety 

Board. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Maritime Administration. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

Sec. 4202. Research, development, test, and evaluation for overseas contingency 

operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 In this Act, the term ‘‘congressional defense commit3 tees’’ has the meaning given that term in section 

4 101(a)(16) of title 10, United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 4049 RS

1 SEC. 4. BUDGETARY EFFECTS OF THIS ACT. 

2 The budgetary effects of this Act, for the purposes 

3 of complying with the Statutory Pay-As-You-Go Act of 

4 2010, shall be determined by reference to the latest state5 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 

6 for this Act, jointly submitted for printing in the Congres7 sional Record by the Chairmen of the House and Senate 

8 Budget Committees, provided that such statement has 

9 been submitted prior to the vote on passage in the House 

10 acting first on the conference report or amendment be11 tween the Houses. 

12 DIVISION A—DEPARTMENT OF 

13 DEFENSE AUTHORIZATIONS 

14 TITLE I—PROCUREMENT 

15 Subtitle A—Authorization of 

16 Appropriations 

17 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2021 for procurement for the Army, the Navy 

20 and the Marine Corps, the Air Force, and Defense-wide 

21 activities, as specified in the funding table in section 4101. 

22 Subtitle B—Army Programs 

23 SEC. 111. INTEGRATED AIR AND MISSILE DEFENSE ASSESS24 MENT. 

25 (a) ASSESSMENT BY SECRETARY OF THE ARMY.— 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 4049 RS

1 (1) IN GENERAL.—The Secretary of the Army 

2 shall conduct a classified assessment of the capa3 bility and capacity of current and planned integrated 

4 air and missile defense (IAMD) capabilities to meet 

5 combatant commander requirements for major oper6 ations against great-power competitors and other 

7 global operations in support of the National Defense 

8 Strategy. 

9 (2) ELEMENTS.—The assessment required by 

10 paragraph (1) shall include the following: 

11 (A) Analysis and characterization of cur12 rent and emerging threats, including the fol13 lowing: 

14 (i) Cruise, hypersonic, and ballistic 

15 missiles. 

16 (ii) Unmanned aerial systems. 

17 (iii) Rockets. 

18 (iv) Other indirect fire. 

19 (v) Specific and meaningfully varied 

20 examples within each of subclauses (I) 

21 through (IV). 

22 (B) Analysis of current and planned inte23 grated air and missile defense capabilities to 

24 counter the threats analyzed and characterized 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 4049 RS

1 under subparagraph (A), including the fol2 lowing: 

3 (i) Projected timelines for develop4 ment, procurement, and fielding of planned 

5 integrated air and missile defense capabili6 ties. 

7 (ii) Projected capability gaps. 

8 (iii) Opportunities for acceleration or 

9 need for incorporation of interim capabili10 ties to address current and projected gaps. 

11 (C) Analysis of current and planned capac12 ity to meet major contingency plan require13 ments and ongoing global operations of the 

14 combatant commands, including the following: 

15 (i) Current and planned numbers of 

16 integrated air and missile defense systems 

17 and formations, including munitions. 

18 (ii) Capacity gaps in addressing com19 batant command requirements. 

20 (iii) Operations tempo stress on inte21 grated air and missile defense formations 

22 and personnel. 

23 (iv) Plans of the Secretary to continue 

24 to increase integrated air and missile de25 fense personnel and formations. 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 4049 RS

1 (D) Assessment of integrated air and mis2 sile defense architecture and enabling command 

3 and control systems, including the following: 

4 (i) A description of the integrated air 

5 and missile defense architecture and com6 ponent counter unmanned aerial systems 

7 (C-UAS) sub-architecture. 

8 (ii) Identification of the enabling com9 mand and control (C2) systems. 

10 (iii) Inter-connectivity of the enabling 

11 command and control systems. 

12 (iv) Compatibility of the enabling 

13 command and control systems with 

14 planned Joint All Domain Command and 

15 Control (JADC2) architecture. 

16 (E) Assessment of proponency within the 

17 Army of integrated air and missile defense and 

18 counter unmanned aerial systems, including the 

19 following: 

20 (i) A description of the current 

21 proponency structure. 

22 (ii) Adequacy of the current 

23 proponency structure to facilitate Army ex24 ecutive agency integrated air and missile 

25 defense and counter unmanned aerial sysVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 4049 RS

1 tems functions for the Department of De2 fense. 

3 (iii) Benefits of establishing inte4 grated air and missile defense and counter 

5 unmanned aerial systems centers of excel6 lence to help focus Army and joint force ef7 forts to achieving a functional integrated 

8 air and missile defense capability and ca9 pacity to meet requirements of the combat10 ant commands. 

11 (3) CHARACTERIZATION.— 

12 (A) IN GENERAL.—In carrying out para13 graph (2)(A), the Secretary shall avoid broad 

14 characterizations that do not sufficiently distin15 guish between distinctly different threats in the 

16 same general class. 

17 (B) EXAMPLE.—An example of a broad 

18 characterization to be avoided under such para19 graph is ‘‘cruise missiles’’, since such character20 ization does not sufficiently distinguish between 

21 current cruise missiles and emerging hypersonic 

22 cruise missiles, which may require different ca23 pabilities to counter them. 

24 (4) REPORT AND INTERIM BRIEFING.— 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 4049 RS

1 (A) INTERIM BRIEFING.—Not later than 

2 December 15, 2020, the Secretary shall provide 

3 the Committee on Armed Services of the Senate 

4 and Committee on Armed Services of the House 

5 of Representatives a briefing on the assessment 

6 being conducted by the Secretary under para7 graph (1). 

8 (B) REPORT.—Not later than February 

9 15, 2021, the Secretary shall submit to the 

10 Committee on Armed Services of the Senate 

11 and Committee on Armed Services of the House 

12 of Representatives a report on the findings of 

13 the Secretary with respect to the assessment 

14 conducted under paragraph (1). 

15 (b) REVIEW BY VICE CHAIRMAN OF THE JOINT

16 CHIEFS OF STAFF.— 

17 (1) REVIEW.—The Vice Chairman of the Joint 

18 Chiefs of Staff shall review the assessment being 

19 conducted under subsection (a)(1) for potential gaps 

20 in capability and capacity to meet requirements of 

21 the National Defense Strategy. 

22 (2) REPORT.—Not later than April 15, 2021, 

23 the Vice Chairman of the Joint Chiefs of Staff shall 

24 submit to the Committee on Armed Services of the 

25 Senate and Committee on Armed Services of the 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 4049 RS

1 House of Representatives a report on the finding of 

2 the Vice Chairman with respect to the review con3 ducted under paragraph (1). 

4 SEC. 112. REPORT AND LIMITATION ON INTEGRATED VIS5 UAL AUGMENTATION SYSTEM ACQUISITION. 

6 (a) REPORT REQUIRED.— 

7 (1) IN GENERAL.—Not later than August 15, 

8 2021, the Secretary of the Army shall submit to the 

9 congressional defense committees a report on the In10 tegrated Visual Augmentation System (IVAS) subse11 quent to the completion of operational testing. 

12 (2) ELEMENTS REQUIRED.—The report re13 quired by paragraph (1) shall include the following: 

14 (A) Certification of the IVAS acquisition 

15 strategy, to include production model costs, full 

16 rate production schedule, and identification of 

17 any changes resulting from operational testing. 

18 (B) Certification of technology levels being 

19 utilized in the full rate production model. 

20 (C) Certification of operational suitability 

21 and soldier acceptability of the production 

22 model IVAS. 

23 (b) LIMITATION ON USE OF FUNDS.—Not more than 

24 50 percent of the amounts authorized to be appropriated 

25 by this Act for fiscal year 2021 for procurement of the 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 4049 RS

1 Integrated Visual Augmentation System may be obligated 

2 or expended until the Secretary submits to the congres3 sional defense committees the report required under sub4 section (a). 

5 SEC. 113. MODIFICATIONS TO REQUIREMENT FOR AN IN6 TERIM CRUISE MISSILE DEFENSE CAPA7 BILITY. 

8 (a) PLAN.—Not later than January 15, 2021, the 

9 Secretary of the Army shall submit to the congressional 

10 defense committees the plan, including a timeline, to oper11 ationally deploy or forward station the two batteries of in12 terim cruise missile defense capability procured pursuant 

13 to section 112 of the John S. McCain National Defense 

14 Authorization Act for Fiscal Year 2019 (Public Law 115– 

15 232; 132 Stat. 1660) in an operational theater or theaters. 

16 (b) MODIFICATION OF WAIVER.—Section 112(b)(4) 

17 of the John S. McCain National Defense Authorization 

18 Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 

19 1661) is amended to read as follows: 

20 ‘‘(4) WAIVER.—The Secretary of the Army may 

21 waive the deadlines specified in paragraph (1): 

22 ‘‘(A) For the deadline specified in para23 graph (1)(A), if the Secretary determines that 

24 sufficient funds have not been appropriated to 

25 enable the Secretary to meet such deadline. 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 4049 RS

1 ‘‘(B) For the deadline specified in para2 graph (1)(B), if the Secretary submits to the 

3 congressional defense committees a certification 

4 that— 

5 ‘‘(i) allocating resources toward pro6 curement of an integrated enduring capa7 bility would provide robust tiered and lay8 ered protection to the joint force; or 

9 ‘‘(ii) additional time is required to 

10 complete training and preparation for 

11 operational capability.’’. 

12 Subtitle C—Navy Programs 

13 SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA-CLASS 

14 SUBMARINE PROGRAM. 

15 (a) CONTRACT AUTHORITY.—The Secretary of the 

16 Navy may enter into a contract, beginning with fiscal year 

17 2021, for the procurement of up to two Columbia-class 

18 submarines. 

19 (b) INCREMENTAL FUNDING.—With respect to a con20 tract entered into under subsection (a), the Secretary of 

21 the Navy may use incremental funding to make payments 

22 under the contract. 

23 (c) LIABILITY.—Any contract entered into under sub24 section (a) shall provide that— 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 4049 RS

1 (1) any obligation of the United States to make 

2 a payment under the contract is subject to the avail3 ability of appropriations for that purpose; and 

4 (2) total liability of the Federal Government for 

5 termination of any contract entered into shall be 

6 limited to the total amount of funding obligated to 

7 the contract at time of termination. 

8 (2) total liability of the Federal Government for 

9 termination of any contract entered into shall be 

10 limited to the total amount of funding obligated to 

11 the contract at time of termination. 

12 SEC. 122. LIMITATION ON NAVY MEDIUM AND LARGE UN13 MANNED SURFACE VESSELS. 

14 (a) MILESTONE B APPROVAL REQUIREMENTS.— 

15 Milestone B approval may not be granted for a covered 

16 program unless such program accomplishes prior to and 

17 incorporates into such approval— 

18 (1) qualification by the Senior Technical Au19 thority of— 

20 (A) at least two different main propulsion 

21 engines and ancillary equipment, including the 

22 fuel and lube oil systems; and 

23 (B) at least two different electrical genera24 tors and ancillary equipment; 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 4049 RS

1 (2) final results of test programs of engineering 

2 development models or prototypes for critical sys3 tems specified by the Senior Technical Authority in 

4 their final form, fit, and function and in a realistic 

5 environment; and 

6 (3) a determination by the milestone decision 

7 authority of the minimum number of vessels, dis8 crete test events, performance parameters to be test9 ed, and schedule required to complete initial oper10 ational test and evaluation and demonstrate oper11 ational suitability and operational effectiveness. 

12 (b) QUALIFICATION REQUIREMENTS.—The qualifica13 tion required in subsection (a)(1) shall include a land14 based operational demonstration of such equipment in the 

15 vessel-representative form, fit, and function for not less 

16 than 1,080 continuous hours without preventative mainte17 nance, corrective maintenance, emergent repair, or any 

18 other form of repair or maintenance. 

19 (c) REQUIREMENT TO USE QUALIFIED ENGINES AND

20 GENERATORS.—The Secretary of the Navy shall require 

21 that covered programs use only main propulsion engines 

22 and electrical generators that are qualified under sub23 section (a)(1). 

24 (d) LIMITATION.—The Secretary of the Navy may 

25 not release a detail design or construction request for proVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 4049 RS

1 posals or obligate funds from a procurement account for 

2 a covered program until such program receives Milestone 

3 B approval and the milestone decision authority notifies 

4 the congressional defense committees, in writing, of the 

5 actions taken to comply with the requirements under this 

6 section. 

7 (e) DEFINITIONS.—In this section: 

8 (1) The term ‘‘covered program’’ means a pro9 gram for— 

10 (A) medium unmanned surface vessels; or 

11 (B) large unmanned surface vessels. 

12 (2) The term ‘‘Milestone B approval’’ has the 

13 meaning given the term in section 2366(e)(7) of title 

14 10, United States Code. 

15 (3) The term ‘‘milestone decision authority’’ 

16 means the official within the Department of Defense 

17 designated with the overall responsibility and au18 thority for acquisition decisions for the program, in19 cluding authority to approve entry of the program 

20 into the next phase of the acquisition process. 

21 (4) The term ‘‘Senior Technical Authority’’ has 

22 the meaning given the term in section 8669b of title 

23 10, United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 4049 RS

1 SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY 

2 OF FUNDS FOR NAVY WATERBORNE SECU3 RITY BARRIERS. 

4 Section 130(a) of the John S. McCain National De5 fense Authorization Act for Fiscal Year 2019 (Public Law 

6 115–232; 132 Stat. 1665), as amended by section 126 of 

7 the National Defense Authorization Act for Fiscal Year 

8 2020 (Public Law 116–92), is further amended by strik9 ing ‘‘for fiscal year 2019 or fiscal year 2020’’ and insert10 ing ‘‘for fiscal years 2019, 2020, or 2021’’. 

11 SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AM12 PHIBIOUS SHIPBUILDING PROGRAMS. 

13 (a) CONTRACT AUTHORITY.— 

14 (1) PROCUREMENT AUTHORIZED.—In fiscal 

15 year 2021, the Secretary of the Navy may enter into 

16 one or more contracts for the procurement of three 

17 San Antonio-class amphibious ships and one Amer18 ica-class amphibious ship. 

19 (2) PROCUREMENT IN CONJUNCTION WITH EX20 ISTING CONTRACTS.—The ships authorized to be 

21 procured under paragraph (1) may be procured as 

22 additions to existing contracts covering such pro23 grams. 

24 (b) CERTIFICATION REQUIRED.—A contract may not 

25 be entered into under subsection (a) unless the Secretary 

26 of the Navy certifies to the congressional defense commitVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 4049 RS

1 tees, in writing, not later than 30 days before entry into 

2 the contract, each of the following, which shall be prepared 

3 by the milestone decision authority for such programs: 

4 (1) The use of such a contract is consistent 

5 with the Department of the Navy’s projected force 

6 structure requirements for amphibious ships. 

7 (2) The use of such a contract will result in sig8 nificant savings compared to the total anticipated 

9 costs of carrying out the program through annual 

10 contracts. In certifying cost savings under the pre11 ceding sentence, the Secretary shall include a writ12 ten explanation of— 

13 (A) the estimated end cost and appro14 priated funds by fiscal year, by hull, without 

15 the authority provided in subsection (a); 

16 (B) the estimated end cost and appro17 priated funds by fiscal year, by hull, with the 

18 authority provided in subsection (a); 

19 (C) the estimated cost savings or increase 

20 by fiscal year, by hull, with the authority pro21 vided in subsection (a); 

22 (D) the discrete actions that will accom23 plish such cost savings or avoidance; and 

24 (E) the contractual actions that will ensure 

25 the estimated cost savings are realized. 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 4049 RS

1 (3) There is a reasonable expectation that 

2 throughout the contemplated contract period the 

3 Secretary of the Navy will request funding for the 

4 contract at the level required to avoid contract can5 cellation. 

6 (4) There is a stable design for the property to 

7 be acquired and the technical risks associated with 

8 such property are not excessive. 

9 (5) The estimates of both the cost of the con10 tract and the anticipated cost avoidance through the 

11 use of a contract authorized under subsection (a) 

12 are realistic. 

13 (6) The use of such a contract will promote the 

14 national security of the United States. 

15 (7) During the fiscal year in which such con16 tract is to be awarded, sufficient funds will be avail17 able to perform the contract in such fiscal year, and 

18 the future-years defense program (as defined under 

19 section 221 of title 10, United States Code) for such 

20 fiscal year will include the funding required to exe21 cute the program without cancellation. 

22 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

23 Secretary of the Navy may enter into one or more con24 tracts for advance procurement associated with a vessel 

25 or vessels for which authorization to enter into a contract 


pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 4049 RS

1 is provided under subsection (a), and for systems and sub2 systems associated with such vessels in economic order 

3 quantities when cost savings are achievable. 

4 (d) CONDITION FOR OUT-YEAR CONTRACT PAY5 MENTS.—A contract entered into under subsection (a) 

6 shall provide that any obligation of the United States to 

7 make a payment under the contract for a fiscal year is 

8 subject to the availability of appropriations for that pur9 pose for such fiscal year. 

10 (e) MILESTONE DECISION AUTHORITY DEFINED.— 

11 In this section. the term ‘‘milestone decision authority’’ 

12 has the meaning given the term in section 2366a(d) of 

13 title 10, United States Code. 

14 SEC. 125. FIGHTER FORCE STRUCTURE ACQUISITION 

15 STRATEGY. 

16 (a) REPORT REQUIRED.—Not later than March 1, 

17 2021, the Secretary of the Navy shall submit to the con18 gressional defense committees a report with a fighter force 

19 structure acquisition strategy that is aligned with the re20 sults of the independent studies required under section 

21 1064 of the National Defense Authorization Act for Fiscal 

22 Year 2018 (Public Law 115–91; 131 Stat. 1576).The 

23 strategy shall establish a minimum number of F–35 and 

24 Next Generation Air Dominance (NGAD) aircraft that the 


pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 4049 RS

1 Navy and Marine Corps would be required to purchase 

2 each year to mitigate or manage strike fighter shortfalls. 

3 (b) LIMITATION ON DEVIATION FROM STRATEGY.— 

4 The Department of the Navy may not deviate from the 

5 acquisition strategy established under subsection (a) 

6 until— 

7 (1) the Secretary of the Navy receives a waiver 

8 and justification from the Secretary of Defense; and 

9 (2) 30 days after the Secretary of the Navy no10 tifies the congressional defense committees of the 

11 proposed deviation. 

12 SEC. 126. TREATMENT OF SYSTEMS ADDED BY CONGRESS 

13 IN FUTURE PRESIDENT’S BUDGET REQUESTS. 

14 A procurement quantity of a system authorized by 

15 Congress in a National Defense Authorization Act for a 

16 given fiscal year that is subsequently appropriated by Con17 gress in an amount greater than the quantity of such sys18 tem included in the President’s annual budget request 

19 submitted to Congress under section 1105 of title 31, 

20 United States Code, for such fiscal year shall not be in21 cluded as a new procurement quantity in future annual 

22 budget requests. 

23 SEC. 127. REPORT ON CARRIER WING COMPOSITION. 

24 (a) REPORT.—Not later than May 1, 2021, the Sec25 retary of the Navy, in consultation with the Chief of Naval 


pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 4049 RS

1 Operations and Commandant of the Marine Corps, shall 

2 submit to the congressional defense committees a report 

3 on the optimal composition of the carrier air wing in 2030 

4 and 2040, as well as alternative force design concepts. 

5 (b) ELEMENTS.—The report required under sub6 section (a) shall include the following elements: 

7 (1) An analysis and justification used to reach 

8 the 50-50 mix of 4th and 5th generation aircraft for 

9 2030. 

10 (2) An analysis and justification for the optimal 

11 mix of carrier aircraft for 2040. 

12 (3) A plan for incorporating unmanned aerial 

13 vehicles and associated communication capabilities to 

14 effectively implement the future force design. 

15 SEC. 128. REPORT ON STRATEGY TO USE ALQ–249 NEXT 

16 GENERATION JAMMER TO ENSURE FULL 

17 SPECTRUM ELECTROMAGNETIC SUPERI18 ORITY. 

19 (a) REPORT.—Not later than July 30, 2021, the Sec20 retary of the Navy, in consultation with the Vice Chairman 

21 of the Joint Chiefs, shall submit to the congressional de22 fense committees report with a strategy to ensure full 

23 spectrum electromagnetic superiority using the ALQ-249 

24 Next Generation Jammer. 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 4049 RS

1 (b) ELEMENTS.—The report required under sub2 section (a) shall include the following elements: 

3 (1) A description of the current procurement 

4 strategy of the ALQ–249 and the analysis of its ca5 pability to meet the RF frequency ranges required in 

6 a National Defense Strategy (NDS) conflict. 

7 (2) An assessment of the ALQ–249’s compat8 ibility and ability to synchronize non-kinetic fires 

9 using other Joint Electronic Warfare (EW) plat10 forms. 

11 (3) A future model of an interlinked/inter12 dependent electronic warfare menu of options for 

13 commanders at tactical, operational, and strategic 

14 levels. 

15 Subtitle D—Air Force Programs 

16 SEC. 141. ECONOMIC ORDER QUANTITY CONTRACTING AU17 THORITY FOR F–35 JOINT STRIKE FIGHTER 

18 PROGRAM. 

19 (a) AUTHORITY FOR ADVANCE PROCUREMENT AND

20 ECONOMIC ORDER QUANTITY.—The Secretary of Defense 

21 may enter into one or more contracts, beginning with the 

22 fiscal year 2020 program year, for the procurement of eco23 nomic order quantities of material and equipment for the 

24 F–35 aircraft program for use in procurement contracts 


pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 4049 RS

1 to be awarded for such program during fiscal years 2021 

2 through 2023. 

3 (b) LIMITATION.—The total amount obligated in fis4 cal year 2021 under all contracts entered into under sub5 section (a) shall not exceed $493,000,000. 

6 (c) PRELIMINARY FINDINGS.—Before entering into a 

7 contract under subsection (a), the Secretary shall make 

8 each of the following findings with respect to such con9 tract: 

10 (1) The use of such a contract will result in sig11 nificant savings of the total anticipated costs of car12 rying out the program through annual contracts. 

13 (2) The minimum need for the property to be 

14 procured is expected to remain substantially un15 changed during the contemplated contract period in 

16 terms of production rate, procurement rate, and 

17 total quantities. 

18 (3) There is a reasonable expectation that, 

19 throughout the contemplated contract period, the 

20 Secretary will request funding for the contract at 

21 the level required to avoid contract cancellation. 

22 (4) There is a stable design for the property to 

23 be procured, and the technical risks associated with 

24 such property are not excessive. 


pbinns on DSKJLVW7X2PROD with BILLS
46 

•S 4049 RS

1 (5) The estimates of both the cost of the con2 tract and the anticipated cost avoidance through the 

3 use of an economic order quantity contract are real4 istic. 

5 (6) Entering into the contract will promote the 

6 national security interests of the United States. 

7 (d) CERTIFICATION REQUIREMENT.—Except as pro8 vided in subsection (e), the Secretary of Defense may not 

9 enter into a contract under subsection (a) until 30 days 

10 after the Secretary certifies to the congressional defense 

11 committees, in writing, that each of the following condi12 tions is satisfied: 

13 (1) A sufficient number of end items of the sys14 tem being acquired under such contract have been 

15 delivered at or within the most recently available es16 timates of the program acquisition unit cost or pro17 curement unit cost for such system to determine 

18 that the estimates of the unit costs are realistic. 

19 (2) During the fiscal year in which such con20 tract is to be awarded, sufficient funds will be avail21 able to perform the contract in such fiscal year, and 

22 the future-years defense program submitted to Con23 gress under section 221 of title 10, United States 

24 Code, for that fiscal year will include the funding re25 quired to execute the program without cancellation. 


pbinns on DSKJLVW7X2PROD with BILLS
47 

•S 4049 RS

1 (3) The contract is a fixed-price type contract. 

2 (4) The proposed contract provides for produc3 tion at not less than minimum economic rates given 

4 the existing tooling and facilities. 

5 (5) The Secretary has determined that each of 

6 the conditions described in paragraphs (1) through 

7 (6) of subsection (c) will be met by such contract 

8 and has provided the basis for such determination to 

9 the congressional defense committees. 

10 (6) The determination under paragraph (5) was 

11 made after the completion of a cost analysis per12 formed by the Director of Cost Assessment and Pro13 gram Evaluation for the purpose of section 

14 2334(f)(2) of title 10, United States Code, and the 

15 analysis supports that determination. 

16 (e) EXCEPTION.—Notwithstanding subsection (d), 

17 the Secretary of Defense may enter into a contract under 

18 subsection (a) on or after December 1, 2020, if— 

19 (1) the Director of Cost Assessment and Pro20 gram Evaluation has not completed a cost analysis 

21 of the preliminary findings made by the Secretary 

22 under subsection (c) with respect to the contract; 

23 (2) the Secretary certifies to the congressional 

24 defense committees, in writing, that each of the conVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
48 

•S 4049 RS

1 ditions described in paragraphs (1) through (5) of 

2 subsection (d) is satisfied; and 

3 (3) a period of 30 days has elapsed following 

4 the date on which the Secretary submits the certifi5 cation under paragraph (2). 

6 SEC. 142. MINIMUM AIRCRAFT LEVELS FOR MAJOR MIS7 SION AREAS. 

8 (a) MINIMUM LEVELS.—Except as provided under 

9 subsection (b), the Secretary of the Air Force shall main10 tain the following minima, based on Primary Mission Air11 craft Inventory (PMAI): 

12 (1) 1,182 Fighter aircraft. 

13 (2) 190 Attack Remotely Piloted Aircraft 

14 (RPA). 

15 (3) 92 Bomber aircraft. 

16 (4) 412 Tanker aircraft. 

17 (5) 230 Tactical airlift aircraft. 

18 (6) 235 Strategic airlift aircraft. 

19 (7) 84 Strategic Intelligence, Surveillance, and 

20 Reconnaissance (ISR) aircraft. 

21 (8) 106 Combat Search and Rescue (CSAR) 

22 aircraft. 

23 (b) EXCEPTIONS.—The Secretary of the Air Force 

24 may reduce the number of aircraft in the PMAI of the 


pbinns on DSKJLVW7X2PROD with BILLS
49 

•S 4049 RS

1 Air Force below the minima specified in subsection (a) 

2 only if— 

3 (1) the Secretary certifies to the congressional 

4 defense committees that such reduction is justified 

5 by the results of the new capability and require6 ments studies; and 

7 (2) a period of 30 days has elapsed following 

8 the date on which the certification is made to the 

9 congressional defense committees under paragraph 

10 (1). 

11 (c) APPLICABILITY.—The limitation in subsection (a) 

12 shall not apply to aircraft that the Secretary of the Air 

13 Force determines, on a case-by-case basis, to be no longer 

14 mission capable because of mishaps, other damage, or 

15 being uneconomical to repair. 

16 SEC. 143. MINIMUM OPERATIONAL SQUADRON LEVEL. 

17 As soon as practicable after the date of the enactment 

18 of this Act and subject to the availability of appropria19 tions, the Secretary of the Air Force shall seek to achieve 

20 a minimum of not fewer than 386 available operational 

21 squadrons, or equivalent organizational units, within the 

22 Air Force. In addition to the operational squadrons, the 

23 Secretary shall strive to achieve the following primary mis24 sion aircraft inventory (PMAI) numbers: 

25 (1) 1,680 Fighter aircraft. 


pbinns on DSKJLVW7X2PROD with BILLS
50 

•S 4049 RS

1 (2) 199 Persist attack remotely piloted aircraft 

2 (RPA). 

3 (3) 225 Bomber aircraft. 

4 (4) 500 Air refueling aircraft. 

5 (5) 286 Tactical airlift aircraft. 

6 (6) 284 Strategic airlift aircraft. 

7 (7) 55 Command and control aircraft. 

8 (8) 105 Combat search and rescue (CSAR) air9 craft. 

10 (9) 30 Intelligence, surveillance, and reconnais11 sance (ISR) aircraft. 

12 (10) 179 Special operations aircraft. 

13 (11) 40 Electronic warfare (EW) aircraft. 

14 SEC. 144. MINIMUM AIR FORCE BOMBER AIRCRAFT LEVEL. 

15 The Secretary of Defense shall submit to the congres16 sional defense committees recommendations for a min17 imum number of bomber aircraft, including penetrating 

18 bombers in addition to B–52H aircraft, to enable the Air 

19 Force to carry out its long-range penetrating strike capa20 bility. 

21 SEC. 145. F–35 GUN SYSTEM. 

22 The Secretary of the Air Force shall begin the pro23 curement process for an alternate 25mm ammunition solu24 tion that provides a true full-spectrum target engagement 

25 capability for the F–35A aircraft. 


pbinns on DSKJLVW7X2PROD with BILLS
51 

•S 4049 RS

1 SEC. 146. PROHIBITION ON FUNDING FOR CLOSE AIR SUP2 PORT INTEGRATION GROUP. 

3 No funds authorized to be appropriated by this Act 

4 may be obligated or expended for the Close Air Support 

5 Integration Group (CIG) or its subordinate units at Nellis 

6 Air Force Base, Nevada, and the Air Force may not utilize 

7 personnel or equipment in support of the CIG or its subor8 dinate units. 

9 SEC. 147. LIMITATION ON DIVESTMENT OF KC–10 AND KC– 

10 135 AIRCRAFT. 

11 The Secretary of Defense may not divest KC–10 and 

12 KC–135 aircraft in excess of the following amounts: 

13 (1) In fiscal year 2021, 6 KC–10 aircraft, in14 cluding only 3 from primary mission aircraft inven15 tory (PMAI). 

16 (2) In fiscal year 2022, 12 KC–10 aircraft. 

17 (3) In fiscal year 2023, 12 KC–10 and 14 KC– 

18 135 aircraft. 

19 SEC. 148. LIMITATION ON RETIREMENT OF U–2 AND RQ–4 

20 AIRCRAFT. 

21 (a) LIMITATION.—The Secretary of the Air Force 

22 may not take any action that would prevent the Air Force 

23 from maintaining the fleets of U–2 aircraft or RQ–4 air24 craft in their current, or improved, configurations and ca25 pabilities until the Chairman of the Joint Requirements 

26 Oversight Council certifies in writing to the appropriate 


pbinns on DSKJLVW7X2PROD with BILLS
52 

•S 4049 RS

1 committees of Congress that the capability to be fielded 

2 at the same time or before the retirement of the U–2 air3 craft or RQ–4 aircraft (as the case may be) would result 

4 in equal or greater capability available to the commanders 

5 of the combatant commands and would not result in less 

6 capacity available to the commanders of the combatant 

7 commands. 

8 (b) WAIVER.—The Secretary of Defense may waive 

9 the certification requirement under subsection (a) with re10 spect to U–2 aircraft or RQ–4 aircraft if the Secretary— 

11 (1) determines, after analyzing sufficient and 

12 relevant data, that a loss in capacity and capability 

13 will not prevent the combatant commanders from ac14 complishing their missions at acceptable levels of 

15 risk; and 

16 (2) provides to the appropriate committees of 

17 Congress a certification of such determination and 

18 supporting analysis. 

19 (c) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate commit21 tees of Congress’’ means— 

22 (1) the Committee on Armed Services, the 

23 Committee on Appropriations, and the Select Com24 mittee on Intelligence of the Senate; and 


pbinns on DSKJLVW7X2PROD with BILLS
53 

•S 4049 RS

1 (2) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Permanent 

3 Select Committee on Intelligence of the House of 

4 Representatives. 

5 SEC. 149. LIMITATION ON DIVESTMENT OF F–15C AIRCRAFT 

6 IN THE EUROPEAN THEATER. 

7 (a) IN GENERAL.—The Secretary of the Air Force 

8 may not divest F–15C aircraft in the European theater 

9 until the F–15EX aircraft is integrated into the Air Force 

10 and has begun bed down actions in the European theater. 

11 (b) WAIVER.—The Secretary of Defense, after con12 sultation with the Commander of the United States Euro13 pean Command (EUCOM), may waive the limitation 

14 under subsection (a) if the Secretary certifies to Congress 

15 the divestment is required for the national defense and 

16 that there exists sufficient resources at all times to meet 

17 NATO and EUCOM air superiority requirements for the 

18 European theater. 

19 SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND ACQUISI20 TION STRATEGY. 

21 (a) STRATEGY REQUIRED.—Not later than March 1, 

22 2021, the Chief of Staff of the Air Force (CSAF), in con23 sultation with the Chief of Staff of the Army (CSA), shall 

24 submit to the congressional defense committees a develop25 ment and acquisition strategy to procure a capability to 


pbinns on DSKJLVW7X2PROD with BILLS
54 

•S 4049 RS

1 protect air bases and prepositioned sites in contested envi2 ronments highlighted in the National Defense Strategy. 

3 The strategy should ensure a solution that is effective 

4 against current and emerging cruise missile and advanced 

5 hypersonic missile threats. 

6 (b) LIMITATION ON USE OF OPERATION AND MAIN7 TENANCE FUNDS.—Not more than 50 percent of the 

8 funds authorized to be appropriated by this Act for fiscal 

9 year 2021 for operation and maintenance for the Office 

10 of the Secretary of the Air Force and the Office of the 

11 Secretary of the Army may be obligated or expended until 

12 15 days after submission of the strategy required under 

13 subsection (a). 

14 SEC. 151. REQUIRED SOLUTION FOR KC–46 AIRCRAFT RE15 MOTE VISUAL SYSTEM LIMITATIONS. 

16 The Secretary of the Air Force shall develop and im17 plement a complete, one-time solution to the KC–46 air18 craft remote visual system (RVS) operational limitations. 

19 Not later than October 1, 2020, the Secretary shall submit 

20 to the congressional defense committees an implementa21 tion strategy for the solution. 


pbinns on DSKJLVW7X2PROD with BILLS
55 

•S 4049 RS

1 SEC. 152. ANALYSIS OF REQUIREMENTS AND ADVANCED 

2 BATTLE MANAGEMENT SYSTEM CAPABILI3 TIES. 

4 (a) ANALYSIS.—Not later than April 1, 2021, the 

5 Secretary of the Air Force, in consultation with the com6 manders of the combatant commands, shall develop an 

7 analysis of current and future moving target indicator re8 quirements across the combatant commands and oper9 ational and tactical level command and control capabilities 

10 the Advanced Battle Management System (ABMS) will re11 quire when fielded. 

12 (b) JROC REQUIREMENTS.— 

13 (1) IN GENERAL.—Not later than 60 days after 

14 the Secretary of the Air Force develops the analysis 

15 under subsection (a), the Joint Requirements Over16 sight Council (JROC) shall certify that requirements 

17 for ABMS incorporate the findings of the analysis. 

18 (2) CONGRESSIONAL NOTIFICATION.—The Joint 

19 Requirements Oversight Council (JROC) shall notify 

20 the congressional defense committees upon making 

21 the certification required under paragraph (1) and 

22 provide a briefing on the requirements and findings 

23 described in such paragraph not later than 30 days 

24 after such notification. 


pbinns on DSKJLVW7X2PROD with BILLS
56 

•S 4049 RS

1 SEC. 153. STUDIES ON MEASURES TO ASSESS COST-PER-EF2 FECT FOR KEY MISSION AREAS. 

3 (a) IN GENERAL.—Not later than January 1, 2021, 

4 the Secretary of the Air Force shall provide for the per5 formance of two independent studies to devise new meas6 ures to assess cost-per-effect for key mission areas. One 

7 of the studies shall be conducted by an organization de8 scribed in section 501(c)(3) of the Internal Revenue Code 

9 of 1986 and exempt from tax under section 501(a) of such 

10 Code, and one of the studies shall be conducted by a feder11 ally funded research and development center. 

12 (b) SCOPE.—Each study conducted pursuant to sub13 section (a) shall address the following matters: 

14 (1) Number of weapon systems required to 

15 meet a specified mission goal. 

16 (2) Number of personnel required to meet a 

17 specified mission goal. 

18 (3) Associated operation and maintenance costs 

19 necessary to facilitate respective operational con20 structs. 

21 (4) Basing requirements for respective force 

22 constructs. 

23 (5) Mission support elements required to facili24 tate specified operations. 

25 (6) Defensive measures required to facilitate 

26 viable mission operations. 


pbinns on DSKJLVW7X2PROD with BILLS
57 

•S 4049 RS

1 (7) Attrition due to enemy countermeasures 

2 and other loss factors associated with respective 

3 technologies. 

4 (8) Associated weapon effects costs compared to 

5 alternative forms of power projection. 

6 (c) IMPLEMENTATION OF MEASURES.—The Sec7 retary of the Air Force shall, as appropriate, incorporate 

8 the findings of the studies conducted pursuant to sub9 section (a) in the Air Force’s future force development 

10 process. The measures— 

11 (1) should be domain and platform agnostic; 

12 (2) should focus on how best to achieve mission 

13 goals in future operations; and 

14 (3) shall consider including harnessing cost-per15 effect assessments as a key performance parameter 

16 within the Department of Defense’s Joint Capabili17 ties Integration and Development System (JCIDS) 

18 requirements process. 

19 SEC. 154. PLAN FOR OPERATIONAL TEST AND UTILITY 

20 EVALUATION OF SYSTEMS FOR LOW-COST AT21 TRIBUTABLE AIRCRAFT TECHNOLOGY PRO22 GRAM. 

23 Not later than October 1, 2020, the Assistant Sec24 retary of the Air Force for Acquisition, Technology, and 

25 Logistics shall— 


pbinns on DSKJLVW7X2PROD with BILLS
58 

•S 4049 RS

1 (a) submit to the congressional defense committees 

2 an executable plan for the operational test and utility eval3 uation of the systems of the Low-Cost Attributable Air4 craft Technology (LCAAT) program of the Air Force; and 

5 (b) brief the congressional defense committees on 

6 such plan. 

7 SEC. 155. PROHIBITION ON RETIREMENT OR DIVESTMENT 

8 OF A–10 AIRCRAFT. 

9 The Secretary of Defense may not during fiscal year 

10 2021 divest or retire any A–10 aircraft, in order to ensure 

11 ongoing capabilities to counter violent extremism and pro12 vide close air support and combat search and rescue in 

13 accordance with the National Defense Strategy. 

14 Subtitle E—Defense-wide, Joint, 

15 and Multiservice Matters 

16 SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF AIRCRAFT 

17 FOR THE NAVY, ARMY, AND AIR FORCE: AN18 NUAL PLAN AND CERTIFICATION. 

19 (a) IN GENERAL.—Chapter 9 of title 10, United 

20 States Code, is amended by inserting after section 231 the 

21 following new section: 


pbinns on DSKJLVW7X2PROD with BILLS
59 

•S 4049 RS

1 ‘‘§ 231a. Budgeting for life-cycle cost of aircraft for 

2 the Navy, Army, and Air Force: Annual 

3 plan and certification 

4 ‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN AND

5 CERTIFICATION.—Not later than 45 days after the date 

6 on which the President submits to Congress the budget 

7 for a fiscal year, the Secretary of Defense shall submit 

8 to the congressional defense committees— 

9 ‘‘(1) a plan for the procurement of the aircraft 

10 specified in subsection (b) for the Department of the 

11 Navy, the Department of the Army, and the Depart12 ment of the Air Force developed in accordance with 

13 this section; and 

14 ‘‘(2) a certification by the Secretary that both 

15 the budget for such fiscal year and the future years 

16 defense program submitted to Congress in relation 

17 to such budget under section 221 of this title pro18 vide for funding of the procurement of aircraft at a 

19 level that is sufficient for the procurement of the 

20 aircraft provided for in the plan under paragraph 

21 (1) on the schedule provided in the plan. 

22 ‘‘(b) COVERED AIRCRAFT.—The aircraft specified in 

23 this subsection are the aircraft as follows: 

24 ‘‘(1) Fighter aircraft. 

25 ‘‘(2) Attack aircraft. 

26 ‘‘(3) Bomber aircraft. 


pbinns on DSKJLVW7X2PROD with BILLS
60 

•S 4049 RS

1 ‘‘(4) Intertheater lift aircraft. 

2 ‘‘(5) Intratheater lift aircraft. 

3 ‘‘(6) Intelligence, surveillance, and reconnais4 sance aircraft. 

5 ‘‘(7) Tanker aircraft. 

6 ‘‘(8) Remotely piloted aircraft. 

7 ‘‘(9) Rotary-wing aircraft. 

8 ‘‘(10) Operational support and executive lift 

9 aircraft. 

10 ‘‘(11) Any other major support aircraft des11 ignated by the Secretary of Defense for purposes of 

12 this section. 

13 ‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1) 

14 The annual aircraft procurement plan developed for a fis15 cal year for purposes of subsection (a)(1) should be de16 signed so that the aviation force provided for under the 

17 plan is capable of supporting the national military strategy 

18 of the United States as set forth in the most recent Na19 tional Defense Strategy submitted under section 113(g) 

20 of title 10, United States Code, and National Military 

21 Strategy submitted under section 153(b) of title 10, 

22 United States Code. 

23 ‘‘(2) Each annual aircraft procurement plan shall in24 clude the following: 


pbinns on DSKJLVW7X2PROD with BILLS
61 

•S 4049 RS

1 ‘‘(A) A detailed program for the procurement of 

2 the aircraft specified in subsection (b) for each of 

3 the Department of the Navy, the Department of the 

4 Army, and the Department of the Air Force over the 

5 next 30 fiscal years. 

6 ‘‘(B) A description of the necessary aviation 

7 force structure to meet the requirements of the na8 tional military strategy of the United States or the 

9 most recent Quadrennial Defense Review, whichever 

10 is applicable under paragraph (1). 

11 ‘‘(C) The estimated levels of annual investment 

12 funding necessary to carry out each aircraft pro13 gram, together with a discussion of the procurement 

14 strategies on which such estimated levels of annual 

15 investment funding are based, set forth in aggregate 

16 for the Department of Defense and in aggregate for 

17 each military department. 

18 ‘‘(D) The estimated level of annual funding 

19 necessary to operate, maintain, sustain, and support 

20 each aircraft program throughout the life-cycle of 

21 the program, set forth in aggregate for the Depart22 ment of Defense and in aggregate for each military 

23 department. 

24 ‘‘(E) For each of the cost estimates required by 

25 subparagraphs (C) and (D)— 


pbinns on DSKJLVW7X2PROD with BILLS
62 

•S 4049 RS

1 ‘‘(i) a description of whether the cost esti2 mate is derived from the cost estimate position 

3 of the military department or derived from the 

4 cost estimate position of the Office of Cost 

5 Analysis and Program Evaluation; 

6 ‘‘(ii) if the cost estimate position of the 

7 military department and the cost estimate posi8 tion of the Office of Cost Analysis and Program 

9 Evaluation differ by more than 5 percent for 

10 any aircraft program, an annotated cost esti11 mate difference and sufficient rationale to ex12 plain the difference; 

13 ‘‘(iii) the confidence or certainty level asso14 ciated with the cost estimate for each aircraft 

15 program; and 

16 ‘‘(iv) a certification that cost between dif17 ferent services and aircraft are based on similar 

18 components in the life-cycle cost of each pro19 gram. 

20 ‘‘(F) An assessment by the Secretary of De21 fense of the extent to which the combined aircraft 

22 forces of the Department of the Navy, the Depart23 ment of the Army, and the Department of the Air 

24 Force meet the national security requirements of the 

25 United States. 


pbinns on DSKJLVW7X2PROD with BILLS
63 

•S 4049 RS

1 ‘‘(3) For any cost estimate required by paragraph 

2 (2)(C) or (D), for any aircraft program for which the Sec3 retary is required to include in a report under section 

4 2432 of this title, the source of the cost information used 

5 to prepare the annual aircraft plan, shall be sourced from 

6 the Selected Acquisition Report data that the Secretary 

7 plans to submit to the congressional defense committees 

8 in accordance with subsection (f) of that section for the 

9 year for which the annual aircraft plan is prepared. 

10 ‘‘(4) The annual aircraft procurement plan shall be 

11 submitted in unclassified form and shall contain a classi12 fied annex. A summary version of the unclassified report 

13 shall be made available to the public. 

14 ‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCUREMENT

15 BUDGET IS INSUFFICIENT TO MEET APPLICABLE RE16 QUIREMENTS.—If the budget for a fiscal year provides for 

17 funding of the procurement of aircraft for the Department 

18 of the Navy, the Department of the Army, or the Depart19 ment of the Air Force at a level that is not sufficient to 

20 sustain the aviation force structure specified in the air21 craft procurement plan for such Department for that fis22 cal year under subsection (a), the Secretary shall include 

23 with the defense budget materials for that fiscal year an 

24 assessment that describes and discusses the risks associ25 ated with the reduced force structure of aircraft that will 


pbinns on DSKJLVW7X2PROD with BILLS
64 

•S 4049 RS

1 result from funding aircraft procurement at such level. 

2 The assessment shall be coordinated in advance with the 

3 commanders of the combatant commands. 

4 ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVENTORY.— 

5 (1) As part of the annual plan and certification required 

6 to be submitted under this section, the Secretary shall in7 clude a report on the aircraft in the inventory of the De8 partment of Defense. Each such report shall include the 

9 following, for the year covered by the report: 

10 ‘‘(A) The total number of aircraft in the inven11 tory. 

12 ‘‘(B) The total number of the aircraft in the in13 ventory that are active, stated in the following cat14 egories (with appropriate subcategories for mission 

15 aircraft, training aircraft, dedicated test aircraft, 

16 and other aircraft): 

17 ‘‘(i) Primary aircraft. 

18 ‘‘(ii) Backup aircraft. 

19 ‘‘(iii) Attrition and reconstitution reserve 

20 aircraft. 

21 ‘‘(C) The total number of the aircraft in the in22 ventory that are inactive, stated in the following cat23 egories: 

24 ‘‘(i) Bailment aircraft. 

25 ‘‘(ii) Drone aircraft. 


pbinns on DSKJLVW7X2PROD with BILLS
65 

•S 4049 RS

1 ‘‘(iii) Aircraft for sale or other transfer to 

2 foreign governments. 

3 ‘‘(iv) Leased or loaned aircraft. 

4 ‘‘(v) Aircraft for maintenance training. 

5 ‘‘(vi) Aircraft for reclamation. 

6 ‘‘(vii) Aircraft in storage. 

7 ‘‘(D) The aircraft inventory requirements ap8 proved by the Joint Chiefs of Staff. 

9 ‘‘(2) Each report submitted under this subsection 

10 shall set forth each item described in paragraph (1) sepa11 rately for the regular component of each armed force and 

12 for each reserve component of each armed force and, for 

13 each such component, shall set forth each type, model, and 

14 series of aircraft provided for in the future-years defense 

15 program that covers the fiscal year for which the budget 

16 accompanying the plan, certification and report is sub17 mitted. 

18 ‘‘(f) DEFINITION OF BUDGET.—In this section, the 

19 term ‘budget’, with respect to a fiscal year, means the 

20 budget for that fiscal year that is submitted to Congress 

21 by the President under section 1105(a) of title 31.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 9 of such title is amended by 

24 inserting after the item relating to section 231 the fol25 lowing new item: 


pbinns on DSKJLVW7X2PROD with BILLS
66 

•S 4049 RS

‘‘231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air 

Force: Annual plan and certification.’’. 

1 SEC. 172. AUTHORITY TO USE F–35 AIRCRAFT WITHHELD 

2 FROM DELIVERY TO GOVERNMENT OF TUR3 KEY. 

4 The Secretary of the Air Force is authorized to uti5 lize, modify, and operate the 6 F–35 aircraft that were 

6 accepted by the Government of Turkey but never delivered 

7 because Turkey was suspended from the F–35 program. 

8 SEC. 173. TRANSFER FROM COMMANDER OF UNITED 

9 STATES STRATEGIC COMMAND TO CHAIRMAN 

10 OF THE JOINT CHIEFS OF STAFF OF RESPON11 SIBILITIES AND FUNCTIONS RELATING TO 

12 ELECTROMAGNETIC SPECTRUM OPER13 ATIONS. 

14 (a) TRANSFER.—Not later than one year after the 

15 date of the enactment of this Act and subject to subsection 

16 (c), the Secretary of Defense shall transition to the Chair17 man of the Joint Chiefs of Staff as a Chairman’s Con18 trolled Activity all of the responsibilities and functions of 

19 the Commander of United States Strategic Command that 

20 are germane to electromagnetic spectrum operations, in21 cluding— 

22 (1) advocacy for joint electronic warfare capa23 bilities, 


pbinns on DSKJLVW7X2PROD with BILLS
67 

•S 4049 RS

1 (2) providing contingency electronic warfare 

2 support to other combatant commands, and 

3 (3) supporting combatant command joint train4 ing and planning related to electromagnetic spec5 trum operations. 

6 (b) RESPONSIBILITY OF VICE CHAIRMAN OF THE

7 JOINT CHIEFS OF STAFF AS THE ELECTRONIC WARFARE

8 SENIOR DESIGNATED OFFICIAL.—The Vice Chairman of 

9 the Joint Chiefs of Staff, as the Electronic Warfare Senior 

10 Designated Official, shall be responsible for the following: 

11 (1) Executing the functions transitioned to the 

12 Chairman of the Joint Chiefs of Staff under sub13 section (a). 

14 (2) Overseeing, with the Chief Information Offi15 cer of the Department of Defense, the development 

16 and implementation of the Electromagnetic Spec17 trum Superiority Strategy of the Department of De18 fense and subsequent Department-wide electro19 magnetic spectrum and electronic warfare strategies. 

20 (3) Managing the Joint Electronic Warfare 

21 Center and the Joint Electromagnetic Preparedness 

22 for Advanced Combat organizations. 

23 (4) Overseeing, through the Joint Requirements 

24 Oversight Council and the Electromagnetic Spec25 trum Operations cross-functional team, the acquisiVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
68 

•S 4049 RS

1 tion activities of the military services as they relate 

2 to electromagnetic spectrum operations. 

3 (5) Overseeing and, as appropriate, setting 

4 standards for the individual and unit training pro5 grams of the military services and the joint training 

6 and mission rehearsal programs of the combatant 

7 commands as they relate to electromagnetic spec8 trum operations. 

9 (6) Overseeing the development of tactics, tech10 niques, and procedures germane to electromagnetic 

11 spectrum operations. 

12 (7) Overseeing the integration of electro13 magnetic spectrum operations into operation plans 

14 and contingency plans. 

15 (8) Developing and integrating into the joint 

16 warfighting concept operational concepts for electro17 magnetic spectrum operations, including the fol18 lowing: 

19 (A) The roles and responsibilities of each 

20 of the military services and their primary con21 tributions to the joint force. 

22 (B) The primary targets for offensive elec23 tromagnetic spectrum operations and their 

24 alignment to the military services and relevant 

25 capabilities. 


pbinns on DSKJLVW7X2PROD with BILLS
69 

•S 4049 RS

1 (C) The armed forces’ positioning, scheme 

2 of maneuver, kill chains, and tactics, tech3 niques, and procedures, as appropriate, to con4 duct offensive electromagnetic spectrum oper5 ations. 

6 (D) The armed forces’ positioning, scheme 

7 of maneuver, kill chains, and tactics, tech8 niques, and procedures, as appropriate, to de9 tect, disrupt, avoid, or render ineffective adver10 sary electromagnetic spectrum operations. 

11 (c) PERIOD OF EFFECT OF TRANSFER.— 

12 (1) IN GENERAL.—The transfer required by 

13 subsection (a) and the responsibilities specified in 

14 subsection (b) shall remain in effect until such date 

15 as the Chairman of the Joint Chiefs of Staff con16 siders appropriate, except that such date shall not be 

17 earlier than the date that is 180 days after the date 

18 on which the Chairman submits to the congressional 

19 defense committees notice that— 

20 (A) the Chairman has made a determina21 tion that— 

22 (i) the military services’, geographic 

23 combatant commands’, and functional 

24 combatant commands’ electromagnetic 


pbinns on DSKJLVW7X2PROD with BILLS
70 

•S 4049 RS

1 spectrum operations expertise, capabilities, 

2 and execution are sufficiently robust; and 

3 (ii) an alternative arrangement de4 scribed in paragraph (2) is justified; and 

5 (B) the Chairman intends to transfer re6 sponsibilities and activities in order to carry out 

7 such alternative arrangement. 

8 (2) ALTERNATIVE ARRANGEMENT DE9 SCRIBED.—An alternative arrangement described in 

10 this paragraph is an arrangement in which certain 

11 oversight, advocacy, and coordination functions allot12 ted to the Chairman or Vice Chairman of the Joint 

13 Chiefs of Staff by subsections (a) and (b) are per14 formed either by a single combatant command or by 

15 the individual geographic and functional combatant 

16 commands responsible for executing electromagnetic 

17 spectrum operations with long-term supervision by 

18 the Chairman or Vice Chairman of the Joint Chiefs 

19 of Staff. 

20 (d) EVALUATIONS OF ARMED FORCES.— 

21 (1) IN GENERAL.—The Chief of Staff of the 

22 Army, the Chief of Naval Operations, the Chief of 

23 Staff of the Air Force, the Commandant of the Ma24 rine Corps, and the Chief of Space Operations shall 

25 each conduct and complete an evaluation of the 


pbinns on DSKJLVW7X2PROD with BILLS
71 

•S 4049 RS

1 armed forces for their respective military services 

2 and their ability to perform the electromagnetic 

3 spectrum operations missions required of them in— 

4 (A) the Electromagnetic Spectrum Superi5 ority Strategy; 

6 (B) the Joint Staff-developed concept of 

7 operations; and 

8 (C) the operation and contingency plans of 

9 the combatant commanders. 

10 (2) ELEMENTS.—Each evaluation under para11 graph (1) shall include assessment of the following: 

12 (A) Current programs of record, includ13 ing— 

14 (i) the ability of weapon systems to 

15 perform missions in contested electro16 magnetic spectrum environments; and 

17 (ii) the ability of electronic warfare 

18 capabilities to disrupt adversary oper19 ations. 

20 (B) Future programs of record, includ21 ing— 

22 (i) the need for distributed or net23 work-centric electronic warfare and signals 

24 intelligence capabilities; and 


pbinns on DSKJLVW7X2PROD with BILLS
72 

•S 4049 RS

1 (ii) the need for automated and ma2 chine learning- or artificial intelligence-as3 sisted electronic warfare capabilities. 

4 (C) Order of battle. 

5 (D) Individual and unit training. 

6 (E) Tactics, techniques, and procedures, 

7 including— 

8 (i) maneuver, distribution of assets, 

9 and the use of decoys; and 

10 (ii) integration of nonkinetic and ki11 netic fires. 

12 (e) EVALUATION OF COMBATANT COMMANDS.— 

13 (1) IN GENERAL.—The Commander of the 

14 United States European Command, the Commander 

15 of the United States Pacific Command, and the 

16 Commander of the United States Central Command 

17 shall each conduct and complete an evaluation of the 

18 plans and posture of their respective commands to 

19 execute the electromagnetic spectrum operations en20 visioned in— 

21 (A) the Electromagnetic Spectrum Superi22 ority Strategy; and 

23 (B) the Joint Staff-developed concept of 

24 operations. 


pbinns on DSKJLVW7X2PROD with BILLS
73 

•S 4049 RS

1 (2) ELEMENTS.—Each evaluation under para2 graph (1) shall include assessment of the following: 

3 (A) Operation and contingency plans. 

4 (B) The manning, organizational align5 ment, and capability of joint electromagnetic 

6 spectrum operations cells. 

7 (C) Mission rehearsal and exercises. 

8 (D) Force positioning, posture, and readi9 ness. 

10 (f) SEMIANNUAL BRIEFING.—Not less frequently 

11 than twice each year until January 1, 2026, the Vice 

12 Chairman of the Joint Chiefs of Staff shall brief the Com13 mittee on Armed Services of the Senate and the Com14 mittee on Armed Services of the House of Representatives 

15 on the implementation of this section by each of the Joint 

16 Staff, the military services, and the combatant commands. 

17 SEC. 174. CRYPTOGRAPHIC MODERNIZATION SCHEDULES. 

18 (a) CRYPTOGRAPHIC MODERNIZATION SCHEDULES

19 REQUIRED.—Each of the Secretaries of the military de20 partments and the heads of relevant defense agencies and 

21 field activities shall establish and maintain a cryp22 tographic modernization schedule that specifies, for each 

23 pertinent weapon system, command and control system, 

24 or data link, including those that use commercial 

25 encryption technologies, as relevant, the following: 


pbinns on DSKJLVW7X2PROD with BILLS
74 

•S 4049 RS

1 (1) The expiration date or cease key date for 

2 applicable cryptographic algorithms. 

3 (2) Anticipated key extension requests for sys4 tems where cryptographic modernization is assessed 

5 to be overly burdensome and expensive or to provide 

6 limited operational utility. 

7 (3) The funding and deployment schedule for 

8 modernized cryptographic algorithms, keys, and 

9 equipment over the Future Years Defense Program. 

10 (b) REQUIREMENTS FOR CHIEF INFORMATION OFFI11 CER.—The Chief Information Officer of the Department 

12 of Defense shall— 

13 (1) oversee the construction and implementa14 tion of the cryptographic modernization schedules 

15 required by subsection (a); 

16 (2) establish and maintain an integrated cryp17 tographic modernization schedule for the entire De18 partment, collating the cryptographic modernization 

19 schedules required under subsection (a); and 

20 (3) in coordination with the Director of the Na21 tional Security Agency and the Joint Staff Director 

22 for Command, Control, Communications, and Com23 puters/Cyber, use the budget certification, standard24 setting, and policy-making authorities provided in 

25 section 142 of title 10, United States Code, to 


pbinns on DSKJLVW7X2PROD with BILLS
75 

•S 4049 RS

1 amend military service and defense agency and field 

2 activity plans for key extension requests and cryp3 tographic modernization funding and deployment 

4 that pose unacceptable risk to military operations. 

5 (c) ANNUAL NOTICES.—Not later than January 1, 

6 2022, and not less frequently than once each year there7 after until January 1, 2026, the Chief Information Officer 

8 of the Department and the Joint Staff Director for Com9 mand, Control, Communications, and Computers/Cyber 

10 shall jointly submit to the congressional defense commit11 tees notification of all— 

12 (1) delays to or planned delays of military serv13 ice and defense agency and field activity funding and 

14 deployment of modernized cryptographic algorithms, 

15 keys, and equipment over the previous year; and 

16 (2) changes in plans or schedules surrounding 

17 key extension requests and waivers, including— 

18 (A) unscheduled or unanticipated key ex19 tension requests; and 

20 (B) unscheduled or unanticipated waivers 

21 and nonwaivers of scheduled or anticipated key 

22 extension requests. 


pbinns on DSKJLVW7X2PROD with BILLS
76 

•S 4049 RS

1 SEC. 175. PROHIBITION ON PURCHASE OF ARMED 

2 OVERWATCH AIRCRAFT. 

3 The Secretary of the Air Force may not purchase any 

4 aircraft for the Air Force Special Operations Command 

5 for the purpose of ‘‘armed overwatch’’ until such time as 

6 the Chief of Staff of the Air Force certifies to the congres7 sional defense committees that general purpose forces of 

8 the Air Force do not have the skill or capacity to provide 

9 close air support and armed overwatch to United States 

10 forces deployed operationally. 

11 SEC. 176. SPECIAL OPERATIONS ARMED OVERWATCH. 

12 (a) PROHIBITION.—None of the funds authorized to 

13 be appropriated by this Act for the Department of Defense 

14 may be used to acquire armed overwatch aircraft for the 

15 United States Special Operations Command, and the De16 partment of Defense may not acquire armed overwatch 

17 aircraft for the United States Special Operations Com18 mand in fiscal year 2021. 

19 (b) ANALYSIS REQUIRED.— 

20 (1) IN GENERAL.—Not later than July 1, 2021, 

21 the Secretary of Defense, in coordination with the 

22 Assistant Secretary of Defense for Special Oper23 ations and Low Intensity Conflict and the Com24 mander of the United States Special Operations 

25 Command, shall conduct an analysis to define the 

26 special operations-peculiar requirements for armed 


pbinns on DSKJLVW7X2PROD with BILLS
77 

•S 4049 RS

1 overwatch aircraft and to determine whether acquisi2 tion of a new special operations-peculiar platform is 

3 the most cost effective means of fulfilling such re4 quirements. 

5 (2) ELEMENTS.—At a minimum, the analysis 

6 of alternatives required under paragraph (1) shall 

7 include— 

8 (A) a description of the concept of oper9 ations for employing armed overwatch aircraft 

10 in support of ground forces; 

11 (B) an identification of geographic regions 

12 in which armed overwatch aircraft could be de13 ployed; 

14 (C) an identification of the most likely 

15 antiaircraft threats in geographic areas where 

16 armed overwatch aircraft will be deployed and 

17 possible countermeasures to defeat such 

18 threats; 

19 (D) a defined requirement for special oper20 ations-peculiar armed overwatch aircraft, in21 cluding an identification of threshold and objec22 tive performance parameters for armed 

23 overwatch aircraft; 

24 (E) an analysis of alternatives comparing 

25 various manned and unmanned aircraft in the 


pbinns on DSKJLVW7X2PROD with BILLS
78 

•S 4049 RS

1 current aircraft inventory of the United States 

2 Special Operations Command and a new plat3 form for meeting requirements for the armed 

4 overwatch mission, including for each alter5 native considered; 

6 (F) an identification of any necessary air7 craft modifications and the associated cost; 

8 (G) the annual cost of operating and sus9 taining such aircraft; 

10 (H) an identification of any required mili11 tary construction costs; 

12 (I) an explanation of how the acquisition of 

13 a new armed overwatch aircraft would impact 

14 the overall fleet of special operations-peculiar 

15 aircraft and the availability of aircrews and 

16 maintainers; 

17 (J) an explanation of why existing Air 

18 Force and United States Special Operations 

19 Command close air support and airborne intel20 ligence capabilities are insufficient for the 

21 armed overwatch mission; and 

22 (K) any other matters determined relevant 

23 by the Secretary of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
79 

•S 4049 RS

1 SEC. 177. AUTONOMIC LOGISTICS INFORMATION SYSTEM 

2 REDESIGN STRATEGY. 

3 Not later than October 1, 2020, the Under Secretary 

4 of Defense for Acquisition and Sustainment, in consulta5 tion with the F–35 Program Executive Officer, shall— 

6 (1) submit to the congressional defense commit7 tees a report describing a program-wide process for 

8 measuring, collecting, and tracking information on 

9 how the Autonomic Logistics Information System 

10 (ALIS) is affecting the performance of the F–35 

11 fleet, including its effects on mission capability 

12 rates; and 

13 (2) implement a strategy for the redesign of 

14 ALIS, including the identification and assessment of 

15 goals, key risks or uncertainties, and costs of rede16 signing the system. 

17 SEC. 178. CONTRACT AVIATION SERVICES IN A COUNTRY 

18 OR IN AIRSPACE IN WHICH A SPECIAL FED19 ERAL AVIATION REGULATION APPLIES. 

20 (a) IN GENERAL.—When the Department of Defense 

21 contracts for aviation services to be performed in a foreign 

22 country, or in airspace, in which a Special Federal Avia23 tion Regulation issued by the Federal Aviation Adminis24 tration would preclude operation of such aviation services 

25 by an air carrier or commercial operator of the United 


pbinns on DSKJLVW7X2PROD with BILLS
80 

•S 4049 RS

1 States, the Secretary of Defense (or a designee of the Sec2 retary) shall— 

3 (1) obtain approval from the Administrator of 

4 the Federal Aviation Administration (or a designee 

5 of the Administrator) for the air carrier or commer6 cial operator of the United States to deviate from 

7 the Special Federal Aviation Regulation to the ex8 tent necessary to perform such aviation services; 

9 (2) designate the aircraft of the air carrier or 

10 commercial operator of the United States to be 

11 State Aircraft of the United States when performing 

12 such aviation services; or 

13 (3) use organic aircraft to perform such avia14 tion services in lieu of aircraft of an air carrier or 

15 commercial operator of the United States. 

16 (b) CONSTRUCTION OF DESIGNATION.—The designa17 tion of aircraft of an air carrier or commercial operator 

18 of the United States as State Aircraft of the United States 

19 under subsection (a)(2) shall have no effect on Federal 

20 Aviation Administration requirements for— 

21 (1) safety oversight responsibility for the oper22 ation of aircraft so designated, except for those ac23 tivities prohibited or restricted by an applicable Spe24 cial Federal Aviation Regulation; and 


pbinns on DSKJLVW7X2PROD with BILLS
81 

•S 4049 RS

1 (2) any previously issued nonpremium aviation 

2 insurance or reinsurance policy issued to the air car3 rier or commercial operator of the United States for 

4 the duration of aviation services performed as a 

5 State Aircraft of the United States under that sub6 section. 

7 SEC. 179. F–35 AIRCRAFT MUNITIONS. 

8 The Secretary of the Air Force and the Secretary of 

9 the Navy shall qualify and certify, for the use of United 

10 States forces, additional munitions on the F–35 aircraft 

11 that are already qualified on NATO member F–35 partner 

12 aircraft. 

13 SEC. 180. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND 

14 RECONNAISSANCE ACQUISITION ROADMAP 

15 FOR UNITED STATES SPECIAL OPERATIONS 

16 COMMAND. 

17 (a) IN GENERAL.—Not later than December 1, 2021, 

18 the Assistant Secretary of Defense for Special Operations 

19 and Low-Intensity Conflict and the Commander of the 

20 United States Special Operations Command shall jointly 

21 submit to the congressional defense committees an acqui22 sition roadmap to meet the manned and unmanned air23 borne intelligence, surveillance, and reconnaissance re24 quirements of United States Special Operations Forces. 


pbinns on DSKJLVW7X2PROD with BILLS
82 

•S 4049 RS

1 (b) ELEMENTS.—The roadmap required under sub2 section (a) shall include, at a minimum, the following: 

3 (1) A description of the current platform re4 quirements for manned and unmanned airborne in5 telligence, surveillance, and reconnaissance capabili6 ties to support United States Special Operations 

7 Forces. 

8 (2) An analysis of the remaining service life of 

9 existing manned and unmanned airborne intel10 ligence, surveillance, and reconnaissance capabilities 

11 currently operated by United States Special Oper12 ations Forces. 

13 (3) An identification of any current or antici14 pated special operations-peculiar capability gaps. 

15 (4) A description of the future manned and un16 manned intelligence, surveillance, and reconnais17 sance platform requirements of the United States 

18 Special Operations Forces, including range, payload, 

19 endurance, ability to operate in contested environ20 ments, and other requirements as appropriate. 

21 (5) An explanation of the anticipated mix of 

22 manned and unmanned aircraft, number of plat23 forms, and associated aircrew and maintainers. 

24 (6) An explanation of the extent to which serv25 ice-provided manned and unmanned airborne intelVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
83 

•S 4049 RS

1 ligence, surveillance, and reconnaissance capabilities 

2 will be required in support of United States Special 

3 Operations Forces and how such capabilities will 

4 supplement and integrate with the organic capabili5 ties possessed by United States Special Operations 

6 Forces. 

7 (7) Any other matters deemed relevant by the 

8 Assistant Secretary and Commander. 

9 SEC. 181. REQUIREMENT TO ACCELERATE THE FIELDING 

10 AND DEVELOPMENT OF COUNTER UN11 MANNED AERIAL SYSTEMS ACROSS THE 

12 JOINT FORCE. 

13 (a) PRIORITY OBJECTIVES FOR EXECUTIVE AGENT

14 FOR C-UAS.—The Executive Agent of the Joint Counter 

15 Small Unmanned Aerial Systems (C-sUAS) Office, as des16 ignated by the Under Secretary of Defense, Acquisition 

17 and Sustainment, shall prioritize the following objectives: 

18 (1) Select counter unmanned aerial systems 

19 that can be fielded as early as fiscal year 2021 to 

20 meet immediate operational needs in countering 

21 Group 1, 2, and 3 unmanned aerial systems with the 

22 potential to expand to other larger systems. 

23 (2) Devise and execute a near-term plan to de24 velop and field a select set of counter unmanned aerVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
84 

•S 4049 RS

1 ial systems to meet joint force requirements, begin2 ning in fiscal year 2021. 

3 (b) FIELDING C-UAS SYSTEMS IN FISCAL YEAR

4 2021.—Pursuant to subsection (a)(1), the Executive 

5 Agent shall prioritize the selection of counter unmanned 

6 aerial systems that can be fielded in fiscal year 2021 with 

7 specific emphasis on systems that— 

8 (1) have undergone effective combat validations; 

9 (2) meet the operational demands of deployed 

10 forces facing the most significant threats, especially 

11 unmanned aerial systems that are not remotely pi12 loted or are not reliant on a command link; and 

13 (3) utilize autonomous systems and processes 

14 that increase operational effectiveness, reduce the 

15 manning demands on operational forces, and limit 

16 the need for government-funded contractor logistics 

17 support. 

18 (c) NEAR-TERM DEVELOPMENT PLAN.—The plan for 

19 the near-term development of counter unmanned aerial 

20 systems prioritized under subsection (a)(2) shall ensure, 

21 at a minimum, that the development of such systems— 

22 (1) builds, as much as practicable, upon sys23 tems that were selected for fielding in fiscal year 

24 2021 and the criteria prioritized for their selection, 

25 as specified in subsection (b); 


pbinns on DSKJLVW7X2PROD with BILLS
85 

•S 4049 RS

1 (2) reduces or accelerates the timeline for initial 

2 operational capability and full operational capability; 

3 (3) utilizes a software-defined, family-of-sys4 tems approach that enables the flexible and contin5 uous integration of different types of sensors and 

6 mitigation solutions based on the different demands 

7 of particular military installations and deployed 

8 forces, physical geographies, and threat profiles; and 

9 (4) gives preference to commercial items, as re10 quired in section 3307 of title 41, United States 

11 Code, when making selections of counter unmanned 

12 aerial systems or component parts, including a com13 mon command and control system. 

14 (d) BRIEFING.—Not later than 60 days after the date 

15 of the enactment of this Act, the Executive Agent shall 

16 brief the congressional defense committees on the selection 

17 process for counter unmanned aerial systems capabilities 

18 prioritized under paragraph (1) of subsection (a) and the 

19 plan prioritized under paragraph (2) of such subsection. 

20 (e) OVERSIGHT.—The Executive Agent shall— 

21 (1) oversee the program management and exe22 cution of all counter unmanned aerial systems being 

23 developed within the military departments on the 

24 day before the date of the enactment of this Act; 

25 and 


pbinns on DSKJLVW7X2PROD with BILLS
86 

•S 4049 RS

1 (2) ensure that the plan prioritized under sub2 section (a)(2) guides future programmatic and fund3 ing decisions for activities relating to counter un4 manned aerial systems, including cancellation of 

5 such activities. 

6 SEC. 182. JOINT ALL DOMAIN COMMAND AND CONTROL RE7 QUIREMENTS. 

8 (a) PRODUCTION OF REQUIREMENTS BY JOINT RE9 QUIREMENTS OVERSIGHT COUNCIL.—Not later than Oc10 tober 1, 2020, the Joint Requirements and Oversight 

11 Council (JROC) shall produce requirements for the Joint 

12 All Domain Command and Control (JADC2) program. 

13 (b) AIR FORCE CERTIFICATION.—Immediately after 

14 the certification of requirements produced under sub15 section (a), the Chief of Staff of the Air Force shall submit 

16 to the congressional defense committees a certification 

17 that the current JADC2 effort, including programmatic 

18 and architecture efforts, being led by the Air Force will 

19 meet the requirements laid out by the JROC. 

20 (c) CERTIFICATION BY OTHER SERVICES.— Not 

21 later than January 1, 2021, the chief of each other mili22 tary service shall submit to the congressional defense com23 mittees a certification whether that service’s efforts on 

24 multi-domain command and control are compatible with 

25 the Air Force-led JADC2 architecture. 


pbinns on DSKJLVW7X2PROD with BILLS
87 

•S 4049 RS

1 (d) BUDGETING.—The Secretary of Defense shall in2 corporate the expected costs for full development and im3 plementation of the JADC2 program across the Depart4 ment in the President’s budget submission to Congress for 

5 fiscal year 2022 under section 1105 of title 31, United 

6 States Code. 

7 TITLE II—RESEARCH, DEVELOP8 MENT, TEST, AND EVALUA9 TION 

10 Subtitle A—Authorization of 

11 Appropriations 

12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2021 for the use of the Department of Defense 

15 for research, development, test, and evaluation, as speci16 fied in the funding table in section 4201. 

17 Subtitle B—Program Require18 ments, Restrictions, and Limita19 tions 

20 SEC. 211. DESIGNATION AND ACTIVITIES OF SENIOR OFFI21 CIALS FOR CRITICAL TECHNOLOGY AREAS 

22 SUPPORTIVE OF THE NATIONAL DEFENSE 

23 STRATEGY. 

24 (a) DESIGNATION OF SENIOR OFFICIALS.—The 

25 Under Secretary for Research and Engineering shall desVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
88 

•S 4049 RS

1 ignate a set of senior officials to coordinate research and 

2 engineering in such technology areas as the Under Sec3 retary considers critical for the support of the National 

4 Defense Strategy. 

5 (b) DUTIES.—The duties of the senior officials des6 ignated under subsection (a) shall include, within their re7 spective technology areas— 

8 (1) developing and continuously updating re9 search and technology development roadmaps, asso10 ciated funding strategies, and associated technology 

11 transition strategies to ensure effective and efficient 

12 development of new capabilities and operational use 

13 of appropriate technologies; 

14 (2) annual assessments of workforce, infra15 structure, and industrial base capabilities and capac16 ity to support the roadmaps developed under para17 graph (1) and the goals of the National Defense 

18 Strategy; 

19 (3) reviewing the relevant research and engi20 neering budgets of appropriate organizations within 

21 the Department of Defense, including the military 

22 services, and advising the Under Secretary on— 

23 (A) the consistency of the budgets with the 

24 roadmaps developed under paragraph (1); 


pbinns on DSKJLVW7X2PROD with BILLS
89 

•S 4049 RS

1 (B) any technical and programmatic risks 

2 to achieving the research and technology devel3 opment goals of the National Defense Strategy; 

4 and 

5 (C) projects and activities with unwanted 

6 or inefficient duplication, including with other 

7 government agencies and the commercial sector, 

8 lack of appropriate coordination with relevant 

9 organizations, or inappropriate alignment with 

10 organizational missions and capabilities; 

11 (4) coordinating research and engineering ac12 tivities of the Department with appropriate inter13 national, interagency, and private sector organiza14 tions; and 

15 (5) tasking the appropriate intelligence agencies 

16 to develop a direct comparison between the capabili17 ties of the United States and the capabilities of ad18 versaries of the United States. 

19 (c) ANNUAL REPORTS.— 

20 (1) IN GENERAL.—Not later than December 1, 

21 2021, and not later than December 1 of each year 

22 thereafter until December 1, 2025, the Under Sec23 retary shall submit to the congressional defense com24 mittees a report of successful examples of research 

25 and engineering activities that have— 


pbinns on DSKJLVW7X2PROD with BILLS
90 

•S 4049 RS

1 (A) achieved significant technical progress; 

2 (B) transitioned to formal acquisition pro3 grams; 

4 (C) transitioned into operational use; or 

5 (D) transferred for further commercial de6 velopment or commercial sales. 

7 (2) FORM.—Each report submitted under para8 graph (1) shall be submitted in a publicly releasable 

9 format, but may include a classified annex. 

10 (d) COORDINATION OF RESEARCH AND ENGINEER11 ING ACTIVITIES.—The Service Acquisition Executive for 

12 each military services and the Director of the Defense Ad13 vanced Research Projects Agency shall each identify sen14 ior officials to ensure coordination of appropriate research 

15 and engineering activities with each of the senior officials 

16 designated under subsection (a). 

17 SEC. 212. GOVERNANCE OF FIFTH-GENERATION WIRELESS 

18 NETWORKING IN THE DEPARTMENT OF DE19 FENSE. 

20 (a) IN GENERAL.—In carrying out the responsibil21 ities established in section 142 of title 10, United States 

22 Code, the Chief Information Officer (CIO) of the Depart23 ment of Defense shall— 

24 (1) lead the cross-functional team established 

25 pursuant to subsection (c); and 


pbinns on DSKJLVW7X2PROD with BILLS
91 

•S 4049 RS

1 (2) serve as the senior designated official for 

2 fifth-generation wireless networking (commonly 

3 known as ‘‘5G’’) policy, oversight, guidance, re4 search, and coordination in the Department. 

5 (b) RESPONSIBILITIES.—The Chief Information Offi6 cer shall have, with respect to authorities referenced in 

7 subsection (a), the following responsibilities: 

8 (1) Proposing governance, management, and or9 ganizational policy for fifth-generation wireless net10 working to the Secretary of Defense, in consultation 

11 with the heads of the constituent organizations of 

12 the cross-functional team established pursuant to 

13 subsection (c). 

14 (2) Leading the cross-functional team estab15 lished pursuant to subsection (c). 

16 (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GENERA17 TION WIRELESS NETWORKING.— 

18 (1) ESTABLISHMENT REQUIRED.—The Sec19 retary of Defense shall, in accordance with section 

20 911(c) of the National Defense Authorization Act 

21 for Fiscal Year 2017 (Public Law 114–328; 10 

22 U.S.C. 111 note), establish a cross-functional team 

23 for fifth-generation wireless networking in order— 

24 (A) to advance the development and adop25 tion of next generation wireless communication 


pbinns on DSKJLVW7X2PROD with BILLS
92 

•S 4049 RS

1 technologies, capabilities, security, and applica2 tions in the Department of Defense, the defense 

3 industrial base, and the commercial sector; and 

4 (B) to support public-private partnership 

5 between the Department and industry regard6 ing fifth-generation wireless networking. 

7 (2) PURPOSE.—The purpose of the cross-func8 tional team established pursuant to paragraph (1) 

9 shall be the— 

10 (A) oversight of the implementation of the 

11 strategy developed as required by section 254 of 

12 the National Defense Authorization Act for Fis13 cal Year 2020 (Public Law 116–92) for har14 nessing fifth-generation wireless networking 

15 technologies, coordinated across all relevant ele16 ments of the Department; 

17 (B) coordination of research and develop18 ment, implementation and acquisition activities, 

19 warfighting concept development, spectrum pol20 icy, industrial policy and commercial outreach 

21 and partnership relating to fifth-generation 

22 wireless networking in the Department of De23 fense, and interagency and international en24 gagement; 


pbinns on DSKJLVW7X2PROD with BILLS
93 

•S 4049 RS

1 (C) integration of the Department of De2 fense’s fifth-generation wireless networking pro3 grams and policies with major Department ini4 tiatives, programs, and policies surrounding se5 cure microelectronics and command and con6 trol; and 

7 (D) oversight, coordination, execution, and 

8 leadership of, as appropriate, Department of 

9 Defense initiatives to advance the national de10 ployment of fifth-generation wireless networks 

11 and associated applications in the Federal Gov12 ernment and relevant commercial partners. 

13 (d) ROLES AND RESPONSIBILITIES.—The Secretary 

14 of Defense, through the cross-functional team established 

15 under subsection (c), shall define the roles of the organiza16 tions within the Office of the Secretary of Defense, De17 partment of Defense intelligence components, military 

18 services, defense agencies and field activities, combatant 

19 commands, and the Joint Staff, for fifth-generation wire20 less networking policy and programs within the Depart21 ment. 

22 (e) BRIEFING.—Not later than March 15, 2021, the 

23 Secretary shall submit to the congressional defense com24 mittees a briefing on the establishment of the cross-funcVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
94 

•S 4049 RS

1 tional team pursuant to subsection (c) and the roles and 

2 responsibilities defined pursuant to subsection (d). 

3 (f) RULE OF CONSTRUCTION.— 

4 (1) IN GENERAL.—Nothing in this section shall 

5 be construed as providing the Chief Information Of6 ficer immediate responsibility for the Department’s 

7 activities in fifth-generation wireless networking ex8 perimentation and science and technology develop9 ment. 

10 (2) PURVIEW OF EXPERIMENTATION AND

11 SCIENCE AND TECHNOLOGY DEVELOPMENT.—The 

12 activities described in paragraph (1) shall remain 

13 within the purview of the Under Secretary of De14 fense for Research and Engineering, but shall in15 form and be informed by the activities of the cross16 functional team established pursuant to subsection 

17 (c). 

18 SEC. 213. APPLICATION OF ARTIFICIAL INTELLIGENCE TO 

19 THE DEFENSE REFORM PILLAR OF THE NA20 TIONAL DEFENSE STRATEGY. 

21 (a) IDENTIFICATION OF USE CASES.—The Secretary 

22 of Defense, acting through such officers and employees of 

23 the Department of Defense as the Secretary considers ap24 propriate, including the chief data officers and chief man25 agement officers of the military departments, shall idenVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
95 

•S 4049 RS

1 tify a set of no fewer than five use cases of the application 

2 of existing artificial intelligence enabled systems to sup3 port improved management of enterprise acquisition, per4 sonnel, audit, or financial management functions, or other 

5 appropriate management functions, that are consistent 

6 with reform efforts that support the National Defense 

7 Strategy. 

8 (b) PROTOTYPING ACTIVITIES ALIGNED TO USE

9 CASES.—The Secretary, acting through the Under Sec10 retary of Defense for Research and Engineering and in 

11 coordination with the Director of the Joint Artificial Intel12 ligence Center and such other officers and employees as 

13 the Secretary considers appropriate, shall pilot technology 

14 development and prototyping activities that leverage com15 mercially available technologies and systems to dem16 onstrate new artificial intelligence enabled capabilities to 

17 support the use cases identified under subsection (a). 

18 (c) BRIEFING.—Not later than October 1, 2021, the 

19 Secretary shall provide to the congressional defense com20 mittees a briefing summarizing the activities carried out 

21 under this section. 


pbinns on DSKJLVW7X2PROD with BILLS
96 

•S 4049 RS

1 SEC. 214. EXTENSION OF AUTHORITIES TO ENHANCE INNO2 VATION AT DEPARTMENT OF DEFENSE LAB3 ORATORIES. 

4 (a) EXTENSION OF PILOT PROGRAM FOR THE EN5 HANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, 

6 AND EVALUATION CENTERS OF THE DEPARTMENT OF

7 DEFENSE.—Section 233(e) of the National Defense Au8 thorization Act for Fiscal Year 2017 (Public Law 114– 

9 328; 10 U.S.C. 2358 note) is amended by striking ‘‘Sep10 tember 30, 2022’’ and inserting ‘‘September 30, 2025’’. 

11 (b) EXTENSION OF PILOT PROGRAM TO IMPROVE IN12 CENTIVES FOR TECHNOLOGY TRANSFER FROM DEPART13 MENT OF DEFENSE LABORATORIES.—Subsection (e) of 

14 section 233 of the National Defense Authorization Act for 

15 Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2514 

16 note) is amended to read as follows: 

17 ‘‘(e) SUNSET.—The pilot program under this section 

18 shall terminate on September 30, 2025.’’. 

19 SEC. 215. UPDATES TO DEFENSE QUANTUM INFORMATION 

20 SCIENCE AND TECHNOLOGY RESEARCH AND 

21 DEVELOPMENT PROGRAM. 

22 Section 234 of the John S. McCain National Defense 

23 Authorization Act for Fiscal year 2019 (Public Law 115– 

24 232; 10 U.S.C. 2358 note), as amended by section 220 

25 of the National Defense Authorization Act for Fiscal Year 

26 2020 (Public Law 116–92), is further amended— 


pbinns on DSKJLVW7X2PROD with BILLS
97 

•S 4049 RS

1 (1) by redesignating subsection (e) as sub2 section (f); and 

3 (2) by inserting after subsection (d) the fol4 lowing new subsection (e): 

5 ‘‘(e) USE OF QUANTUM COMPUTING CAPABILI6 TIES.—The Secretary of each military department shall— 

7 ‘‘(1) develop and annually update a list of tech8 nical problems and research challenges which are 

9 likely to be addressable by quantum computers avail10 able for use within in the next one to three years, 

11 with a priority for technical problems and challenges 

12 where quantum computing systems have perform13 ance advantages over traditional computing systems, 

14 in order to enhance the capabilities of such quantum 

15 computers and support the addressing of relevant 

16 technical problems and research challenges; and 

17 ‘‘(2) establish programs and enter into agree18 ments with appropriate medium and small busi19 nesses with functional quantum computing capabili20 ties to provide such private sector capabilities to gov21 ernment, industry, and academic researchers work22 ing on relevant technical problems and research ac23 tivities.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
98 

•S 4049 RS

1 SEC. 216. PROGRAM OF PART-TIME AND TERM EMPLOY2 MENT AT DEPARTMENT OF DEFENSE 

3 SCIENCE AND TECHNOLOGY REINVENTION 

4 LABORATORIES OF FACULTY AND STUDENTS 

5 FROM INSTITUTIONS OF HIGHER EDU6 CATION. 

7 (a) PROGRAM REQUIRED.—Not later than 180 days 

8 after the date of the enactment of this Act, the Secretary 

9 of Defense shall establish a program to provide part-time 

10 or term employment in Department of Defense science 

11 and technology reinvention laboratories for— 

12 (1) faculty of institutions of higher education 

13 who have expertise in science, technology, engineer14 ing, or mathematics to conduct research projects in 

15 such laboratories; and 

16 (2) students at such institutions to assist such 

17 faculty in conducting such research projects. 

18 (b) NUMBER OF POSITIONS.— 

19 (1) IN GENERAL.—Not later than one year 

20 after the date of the commencement of the program 

21 established under subsection (a), the Secretary shall, 

22 under such program, establish at least 10 positions 

23 of employment described in such subsection for fac24 ulty described in paragraph (1) of such subsection. 

25 (2) ARTIFICIAL INTELLIGENCE AND MACHINE

26 LEARNING.—Of the positions established under 


pbinns on DSKJLVW7X2PROD with BILLS
99 

•S 4049 RS

1 paragraph (1), at least five of such positions shall be 

2 for faculty conducting research in the area of artifi3 cial intelligence and machine learning. 

4 (c) SELECTION.—The Secretary, acting through the 

5 directors of the laboratories described in subsection (a), 

6 shall select faculty described in paragraph (1) of such sub7 section for participation in the program established under 

8 such subsection on the basis of— 

9 (1) the academic credentials and research expe10 rience of the faculty; 

11 (2) the potential contribution to Department 

12 objectives by the research that will be conducted by 

13 the faculty under the program; and 

14 (3) the qualifications of any students who will 

15 be assisting the faculty in such research and the role 

16 and credentials of such students. 

17 (d) AUTHORITIES.—In carrying out the program es18 tablished under subsection (a), the Secretary and the di19 rectors of the laboratories described in such subsection 

20 may— 

21 (1) use any hiring authority available to the 

22 Secretary or the directors, including any authority 

23 available under a laboratory demonstration program, 

24 direct hiring authority under section 1599h of title 


pbinns on DSKJLVW7X2PROD with BILLS
100 

•S 4049 RS

1 10, United States Code, and expert hiring authority 

2 under section 3109 of title 5, United States Code; 

3 (2) utilize cooperative research and development 

4 agreements under section 12 of the Stevenson5 Wydler Technology Innovation Act of 1980 (15 

6 U.S.C. 3710a) to enable sharing of research and ex7 pertise with institutions of higher education and the 

8 private sector; and 

9 (3) provide referral bonuses to program partici10 pants who identify students to assist in a research 

11 project under the program or to participate in lab12 oratory internship programs and the Pathways In13 ternship Program. 

14 (e) ANNUAL REPORTS.— 

15 (1) IN GENERAL.—Not later than one year 

16 after the date of the enactment of this Act and not 

17 less frequently than once each year thereafter until 

18 the date that is three years after the date of the en19 actment of this Act, the Secretary shall submit to 

20 Congress a report on the program established under 

21 subsection (a). 

22 (2) CONTENTS OF FIRST REPORT.—The first 

23 report submitted under paragraph (1) shall address, 

24 at a minimum, the following: 


pbinns on DSKJLVW7X2PROD with BILLS
101 

•S 4049 RS

1 (A) The number of faculty and students 

2 employed under the program. 

3 (B) The laboratories employing such fac4 ulty and students. 

5 (C) The types of research conducted or to 

6 be conducted by such faculty or students. 

7 (3) CONTENTS OF SUBSEQUENT REPORTS.— 

8 Each report submitted under paragraph (1) after 

9 the first report shall address, at a minimum, the fol10 lowing: 

11 (A) The matters set forth in subpara12 graphs (A) through (C) of paragraph (2). 

13 (B) The number of interns and recent col14 lege graduates hired pursuant to referrals 

15 under subsection (d)(3). 

16 (C) The results of research conducted 

17 under the program. 

18 (f) DEPARTMENT OF DEFENSE SCIENCE AND TECH19 NOLOGY REINVENTION LABORATORY DEFINED.—In this 

20 section, the term ‘‘Department of Defense science and 

21 technology reinvention laboratory’’ means the entities des22 ignated by section 1105(a) of the National Defense Au23 thorization Act for Fiscal Year 2010 (Public Law 111– 

24 84; 10 U.S.C. 2358 note). 


pbinns on DSKJLVW7X2PROD with BILLS
102 

•S 4049 RS

1 SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL 

2 SECURITY FELLOWSHIP OF DEPARTMENT OF 

3 DEFENSE. 

4 (a) MODIFICATION REGARDING BASIC PAY.—Sub5 section (a)(4)(A) of section 235 of the National Defense 

6 Authorization Act for Fiscal Year 2020 (Public Law 116– 

7 92) is amended— 

8 (1) by striking ‘‘equivalent to’’ and inserting 

9 ‘‘not less than’’; and 

10 (2) by inserting ‘‘and not more than the rate of 

11 basic pay payable for a position at level 15 of such 

12 schedule’’ before the semicolon. 

13 (b) BACKGROUND CHECKS.—Subsection (b) of such 

14 section is amended by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) BACKGROUND CHECK REQUIREMENT.—No 

17 individual may participate in the fellows program 

18 without first undergoing a background check that 

19 the Secretary considers appropriate for participation 

20 in the fellows program.’’. 

21 SEC. 218. DEPARTMENT OF DEFENSE RESEARCH, DEVELOP22 MENT, AND DEPLOYMENT OF TECHNOLOGY 

23 TO SUPPORT WATER SUSTAINMENT. 

24 (a) IN GENERAL.—The Secretary of Defense shall re25 search, develop, and deploy advanced technologies that 


pbinns on DSKJLVW7X2PROD with BILLS
103 

•S 4049 RS

1 support water sustainment with technologies that capture 

2 ambient humidity and harvest, recycle, and reuse water. 

3 (b) GOAL.—Under subsection (a), the Secretary shall 

4 seek to develop water systems that reduce weight and lo5 gistics support and transition such advanced technologies 

6 for use by expeditionary forces by January 1, 2025. 

7 (c) MODULAR PLATFORMS.—In carrying out sub8 section (a), the Secretary shall develop the following: 

9 (1) Modular platforms that are easily transport10 able. 

11 (2) Trailer mounted systems that will reduce 

12 resupply. 

13 (3) Storage requirements at forward operating 

14 bases. 

15 (d) PARTNERSHIPS AND EXISTING TECHNIQUES AND

16 TECHNOLOGIES.—In carrying out subsection (a), the Sec17 retary shall seek— 

18 (1) to enter into partnerships with foreign mili19 taries and organizations that have proven they have 

20 the ability to operate in water constrained areas; 

21 (2) to leverage existing techniques and tech22 nologies; and 

23 (3) to apply such techniques and technologies to 

24 military operations carried out by the United States. 


pbinns on DSKJLVW7X2PROD with BILLS
104 

•S 4049 RS

1 (e) COMMERCIAL OFF-THE-SHELF TECH2 NOLOGIES.—In carrying out subsection (a), in addition to 

3 technology described in such subsection, the Secretary 

4 shall consider using commercial off-the-shelf technologies 

5 for cost savings and near ready deployment technologies 

6 to enable warfighters to be more self-sufficient. 

7 (f) CROSS FUNCTIONAL TEAMS.—In carrying out 

8 subsection (a), the Secretary shall establish cross func9 tional teams to determine regions where deployment of 

10 water harvesting technologies could reduce conflict and po11 tentially eliminate the need for the presence of the Armed 

12 Forces. 

13 SEC. 219. DEVELOPMENT AND TESTING OF HYPERSONIC 

14 CAPABILITIES. 

15 (a) SENSE OF CONGRESS ON HYPERSONIC CAPABILI16 TIES.—It is the sense of Congress that development of 

17 hypersonic capabilities is a key element of the National 

18 Defense Strategy. 

19 (b) IMPROVING GROUND-BASED TEST FACILITIES.— 

20 The Secretary of Defense shall take such actions as may 

21 be necessary to improve ground-based test facilities for the 

22 development of hypersonic capabilities, such as improving 

23 wind tunnels. 


pbinns on DSKJLVW7X2PROD with BILLS
105 

•S 4049 RS

1 (c) INCREASING FLIGHT TEST RATE.—The Sec2 retary shall increase the flight test rate to expedite the 

3 maturation and fielding of hypersonic technologies. 

4 (d) STRATEGY AND PLAN.— 

5 (1) IN GENERAL.—Not later than December 30, 

6 2020, the Under Secretary of Defense for Research 

7 and Engineering, in consultation with the Chief of 

8 Staff of the Air Force, shall submit to the congres9 sional defense committees an executable strategy 

10 and plan to field air-launched and air-breathing 

11 hypersonic weapons capability before the date that is 

12 three years after the date of the enactment of this 

13 Act. 

14 (2) TESTING AND INFRASTRUCTURE.—The 

15 strategy and plan submitted under paragraph (1) 

16 shall cover required investments in testing and infra17 structure to address the need for both flight and 

18 ground testing. 

19 SEC. 220. DISCLOSURE REQUIREMENTS FOR RECIPIENTS 

20 OF DEPARTMENT OF DEFENSE RESEARCH 

21 AND DEVELOPMENT GRANTS. 

22 (a) DISCLOSURE REQUIREMENTS.— 

23 (1) IN GENERAL.—Chapter 139 of title 10, 

24 United States Code, is amended by adding at the 

25 end the following new section: 


pbinns on DSKJLVW7X2PROD with BILLS
106 

•S 4049 RS

1 ‘‘§ 2374b. Disclosure requirements for recipients of 

2 research and development grants 

3 ‘‘An individual or entity (including a State or local 

4 government) that receives Department of Defense grant 

5 funds for research and development shall clearly state in 

6 any statement, press release, or other document describing 

7 the program, project, or activity funded through such 

8 grant funds, other than a communication containing not 

9 more than 280 characters, the dollar amount of Depart10 ment grant funds made available for the program, project, 

11 or activity.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 139 of such title 

14 is amended by adding at the end the following new 

15 item: 

‘‘2374b. Disclosure requirements for recipients of research and development 

grants.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on October 1, 2021, and 

18 shall apply with respect to grants for research and devel19 opment that are awarded by the Department of Defense 

20 on or after that date. 


pbinns on DSKJLVW7X2PROD with BILLS
107 

•S 4049 RS

1 Subtitle C—Plans, Reports, and 

2 Other Matters 

3 SEC. 231. ASSESSMENT ON UNITED STATES NATIONAL SE4 CURITY EMERGING BIOTECHNOLOGY EF5 FORTS AND CAPABILITIES AND COMPARISON 

6 WITH ADVERSARIES. 

7 (a) ASSESSMENT AND COMPARISON REQUIRED.— 

8 (1) IN GENERAL.—The Secretary of Defense, 

9 acting through the Under Secretary of Defense for 

10 Research and Engineering and the Under Secretary 

11 of Defense for Intelligence, shall conduct an assess12 ment and direct comparison of capabilities in emerg13 ing biotechnologies for national security purposes, 

14 including applications in material, manufacturing, 

15 and health, between the capabilities of the United 

16 States and the capabilities of adversaries of the 

17 United States. 

18 (2) ELEMENTS.—The assessment and compari19 son carried out under paragraph (1) shall include 

20 the following: 

21 (A) An evaluation of the quantity, quality, 

22 and progress of United States fundamental and 

23 applied research for emerging biotechnology ini24 tiatives for national security purposes. 


pbinns on DSKJLVW7X2PROD with BILLS
108 

•S 4049 RS

1 (B) An assessment of the resourcing of 

2 United States efforts to harness emerging bio3 technology capabilities for national security pur4 poses, including the supporting facilities, test 

5 infrastructure, and workforce. 

6 (C) An intelligence assessment of adver7 sary emerging biotechnology capabilities and re8 search as well as an assessment of adversary in9 tent and willingness to use emerging biotech10 nologies for national security purposes. 

11 (D) An assessment of the analytic and 

12 operational subject matter expertise necessary 

13 to assess rapidly-evolving foreign military devel14 opments in biotechnology, and the current state 

15 of the workforce in the intelligence community 

16 (E) Recommendations to improve and ac17 celerate United States capabilities in emerging 

18 biotechnologies and the associated intelligence 

19 community expertise. 

20 (F) Such other matters as the Secretary 

21 considers appropriate. 

22 (b) REPORT.— 

23 (1) IN GENERAL.—Not later than February 1, 

24 2021, the Secretary shall submit to the congresVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
109 

•S 4049 RS

1 sional defense committees a report on the assess2 ment carried out under subsection (a). 

3 (2) FORM.—The report submitted under para4 graph (1) shall be submitted in the following for5 mats— 

6 (A) unclassified form, which may include a 

7 classified annex; and 

8 (B) publically releasable form, representing 

9 appropriate information from the report under 

10 subparagraph (A). 

11 (c) DEFINITION OF INTELLIGENCE COMMUNITY.—In 

12 this subsection, the term ‘‘intelligence community’’ has the 

13 meaning given such term in section 3 of the National Se14 curity Act of 1947 (50 U.S.C. 3003). 

15 SEC. 232. INDEPENDENT COMPARATIVE ANALYSIS OF EF16 FORTS BY CHINA AND THE UNITED STATES 

17 TO RECRUIT AND RETAIN RESEARCHERS IN 

18 NATIONAL SECURITY-RELATED FIELDS. 

19 (a) AGREEMENT.— 

20 (1) IN GENERAL.—The Secretary of Defense 

21 shall seek to enter into an agreement with the Na22 tional Academies of Sciences, Engineering, and Med23 icine for the National Academies of Sciences, Engi24 neering, and Medicine to perform the services cov25 ered by this section. 


pbinns on DSKJLVW7X2PROD with BILLS
110 

•S 4049 RS

1 (2) TIMING.—The Secretary shall seek to enter 

2 into the agreement described in paragraph (1) not 

3 later than 60 days after the date of the enactment 

4 of this Act. 

5 (b) REVIEW.— 

6 (1) IN GENERAL.—Under an agreement be7 tween the Secretary and the National Academies of 

8 Sciences, Engineering, and Medicine under this sec9 tion, the National Academies of Sciences, Engineer10 ing, and Medicine shall carry out a comparative 

11 analysis of efforts by China and the United States 

12 Government to recruit and retain domestic and for13 eign researchers and develop recommendations for 

14 the Department of Defense. 

15 (2) ELEMENTS.—The comparative analysis car16 ried out under paragraph (1) and the recommenda17 tions developed under such paragraph shall include 

18 the following: 

19 (A) A list of the ‘‘talent programs’’ used 

20 by China and a list of the incentive programs 

21 used by the United States to recruit and retain 

22 relevant researchers. 

23 (B) The types of researchers, scientists, 

24 other technical experts, and fields targeted by 


pbinns on DSKJLVW7X2PROD with BILLS
111 

•S 4049 RS

1 each talent program listed under subparagraph 

2 (A). 

3 (C) The number of researchers in aca4 demia, the Department of Defense Science and 

5 Technology Reinvention Laboratories, and na6 tional security science and engineering pro7 grams of the National Nuclear Security Admin8 istration targeted by the talent programs listed 

9 under subparagraph (A). 

10 (D) The number of personnel currently 

11 participating in the talent programs listed 

12 under subparagraph (A) and the number of re13 searchers currently participating in the incen14 tive programs listed under such subparagraph. 

15 (E) The incentives offered by each of the 

16 talent programs listed under subparagraph (A) 

17 and a description of the incentives offered 

18 through incentive programs under such sub19 paragraph to recruit and retain researchers, sci20 entists, and other technical experts. 

21 (F) A characterization of the national se22 curity, economic, and scientific benefits China 

23 gains through the talent programs listed under 

24 subparagraph (A) and a description of similar 

25 gains accrued to the United States through inVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
112 

•S 4049 RS

1 centive programs listed under such subpara2 graph. 

3 (G) A list of findings and recommenda4 tions relating to policies that can be imple5 mented by the United States, especially the De6 partment of Defense, to improve the relative ef7 fectiveness of United States activities to recruit 

8 and retain researchers, scientists, and other 

9 technical experts relative to China. 

10 (c) REPORT.— 

11 (1) IN GENERAL.—Not later than one year 

12 after the date of the execution of an agreement 

13 under subsection (a), the National Academies of 

14 Sciences, Engineering, and Medicine shall submit to 

15 the congressional defense committees a report on the 

16 findings National Academies of Sciences, Engineer17 ing, and Medicine with respect to the review carried 

18 out under this section and the recommendations de19 veloped under this section. 

20 (2) FORM.—The report submitted under para21 graph (1) shall be submitted in a publicly releasable 

22 and unclassified formats, but may include a classi23 fied annex. 


pbinns on DSKJLVW7X2PROD with BILLS
113 

•S 4049 RS

1 SEC. 233. DEPARTMENT OF DEFENSE DEMONSTRATION OF 

2 VIRTUALIZED RADIO ACCESS NETWORK AND 

3 MASSIVE MULTIPLE INPUT MULTIPLE OUT4 PUT RADIO ARRAYS FOR FIFTH GENERATION 

5 WIRELESS NETWORKING. 

6 (a) DEMONSTRATION REQUIRED.—The Secretary of 

7 Defense shall carry out a demonstration to demonstrate 

8 the maturity, performance, and cost of covered tech9 nologies in order to provide additional options for pro10 viders of fifth-generation (5G) wireless networking serv11 ices. 

12 (b) COVERED TECHNOLOGIES.—For purposes of this 

13 section, a covered technology is— 

14 (1) a disaggregated or virtualized radio access 

15 network and core where components can be provided 

16 by different vendors and interoperate through open 

17 protocols and interfaces; and 

18 (2) one or more massive multiple input and 

19 multiple output radio arrays provided by United 

20 States companies that have the potential to compete 

21 favorably with radios produced by foreign companies 

22 in terms of cost, performance, and efficiency. 

23 (c) LOCATION.—The Secretary shall carry out the 

24 demonstration under subsection (a) at at least one site 

25 where the Secretary of Defense plans to deploy a fifth26 generation wireless network. 


pbinns on DSKJLVW7X2PROD with BILLS
114 

•S 4049 RS

1 (d) COORDINATION.—The Secretary shall carry out 

2 the demonstration under subsection (a) in coordination 

3 with at least one major United States wireless network 

4 service provider. 

5 SEC. 234. INDEPENDENT TECHNICAL REVIEW OF FEDERAL 

6 COMMUNICATIONS COMMISSION ORDER 20– 

7 48. 

8 (a) AGREEMENT.— 

9 (1) IN GENERAL.—The Secretary of Defense 

10 shall seek to enter into an agreement with the Na11 tional Academies of Sciences, Engineering, and Med12 icine for the National Academies of Sciences, Engi13 neering, and Medicine to perform the services cov14 ered by this section. 

15 (2) TIMING.—The Secretary shall seek to enter 

16 into the agreement described in paragraph (1) not 

17 later than 30 days after the date of the enactment 

18 of this Act. 

19 (b) INDEPENDENT TECHNICAL REVIEW.— 

20 (1) IN GENERAL.—Under an agreement be21 tween the Secretary and the National Academies of 

22 Sciences, Engineering, and Medicine under sub23 section (a), the National Academies of Sciences, En24 gineering, and Medicine shall carry out an inde25 pendent technical review of the Order and AuthorVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
115 

•S 4049 RS

1 ization adopted by the Federal Communications 

2 Commission on April 19, 2020 (FCC 20–48), to the 

3 extent that such order and authorization affects the 

4 devices, operations, or activities of the Department 

5 of Defense. 

6 (2) ELEMENTS.—The independent technical re7 view carried out under paragraph (1) shall include 

8 the following: 

9 (A) Comparison of the two different ap10 proaches on which the Commission relied for 

11 the order and authorized described in para12 graph (1) to evaluate the potential harmful in13 terference concerns relating to Global Posi14 tioning System devices, with a recommendation 

15 on which method most effectively mitigates 

16 risks of harmful interference with Global Posi17 tioning System devices of the Department, or 

18 relating to or with the potential to affect the 

19 operations and activities of the Department. 

20 (B) Assessment of the potential for harm21 ful interference to mobile satellite services, in22 cluding commercial services and Global Posi23 tioning System services of the Department, or 

24 relating to or with the potential to affect the 

25 operations and activities of the Department. 


pbinns on DSKJLVW7X2PROD with BILLS
116 

•S 4049 RS

1 (C) Review of the feasibility, practicality, 

2 and effectiveness of the proposed mitigation 

3 measures relating to, or with the potential to 

4 affect, the devices, operations, or activities of 

5 the Department. 

6 (D) Development of recommendations as7 sociated with the findings of the National Acad8 emies of Sciences, Engineering, and Medicine in 

9 carrying out the independent technical review. 

10 (E) Such other matters as the National 

11 Academies of Sciences, Engineering, and Medi12 cine determines relevant. 

13 (c) REPORT.— 

14 (1) IN GENERAL.—Under an agreement be15 tween the Secretary and the National Academies of 

16 Sciences, Engineering, and Medicine under sub17 section (a), the National Academies of Sciences, En18 gineering, and Medicine shall, not later than nine 

19 months after the date of the execution of such agree20 ment, the National Academies of Sciences, Engineer21 ing, and Medicine shall submit to the Committee on 

22 Armed Services of the Senate and the Committee on 

23 Armed Services of the House of Representatives a 

24 report on the findings of the National Academies of 

25 Sciences, Engineering, and Medicine with respect to 


pbinns on DSKJLVW7X2PROD with BILLS
117 

•S 4049 RS

1 the independent technical review carried out under 

2 subsection (b) and the recommendations developed 

3 pursuant to such review. 

4 (2) FORM.—The report submitted under para5 graph (1) shall be submitted in a publicly releasable 

6 and unclassified formats, but may include a classi7 fied annex. 

8 SEC. 235. REPORT ON AND LIMITATION ON EXPENDITURE 

9 OF FUNDS FOR MICRO NUCLEAR REACTOR 

10 PROGRAMS. 

11 (a) REPORT REQUIRED.—The Secretary of Defense 

12 shall submit to the appropriate congressional committees 

13 a report on the micro nuclear reactor programs of the De14 partment of Defense. 

15 (b) CONTENTS.—The report required by subsection 

16 (a) shall include the following: 

17 (1) Potential operational uses on United States 

18 and non-United States territory, including both mo19 bile and fixed systems. 

20 (2) Cost and schedule estimates for each new or 

21 ongoing program to reach initial operational capa22 bility, including the timeline for transition of any 

23 program currently funded using defense-wide funds 

24 to one or more military services and the identified 

25 transition partner in such military services. 


pbinns on DSKJLVW7X2PROD with BILLS
118 

•S 4049 RS

1 (3) In consultation with the Assistant Secretary 

2 of Defense for Nuclear, Chemical, and Biological 

3 Defense programs, an assessment of physical secu4 rity requirements for use of such reactors on domes5 tic military installations and non-United States non6 domestic installations or locations, including fully 

7 permissive, semi-permissive, and remote environ8 ments, including a preliminary design basis threat 

9 analysis. 

10 (4) In coordination with the Secretary of 

11 State— 

12 (A) an assessment of any agreements or 

13 changes to agreements that would be required 

14 for use of such reactors on non-United States 

15 territory; 

16 (B) an assessment of applicability of for17 eign regulations or International Atomic En18 ergy Agency safeguards for use on non-United 

19 States territory; and 

20 (C) other policy implications of deployment 

21 of such systems on non-United States territory. 

22 (5) In coordination with the Chairman of the 

23 Nuclear Regulatory Commission, a summary of li24 censing requirements for operation of such systems 

25 on United States territory. 


pbinns on DSKJLVW7X2PROD with BILLS
119 

•S 4049 RS

1 (6) A summary of requirements pursuant to the 

2 National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.) for development and operation 

4 on United States territory. 

5 (7) In consultation with the General Counsel of 

6 the Department of Defense, an assessment of any 

7 issues relating to indemnification for operation on 

8 United States or non-United States territory and 

9 any other relevant legal matters. 

10 (8) In coordination with the Secretary of State 

11 and the Secretary of Energy, a determination of 

12 whether development, production, and deployment of 

13 such systems would require unobligated enriched 

14 uranium fuel. 

15 (9) If the determination in paragraph (8) is 

16 that unobligated fuel would be required, in coordina17 tion with the Administrator for Nuclear Security, an 

18 assessment of the availability of such unobligated 

19 enriched uranium fuel, by year, for the estimated life 

20 of the program, considered with other United States 

21 Government demands for such fuel, including trit22 ium production, naval nuclear propulsion, and med23 ical isotope production. 

24 (10) Any other considerations the Secretary de25 termines relevant. 


pbinns on DSKJLVW7X2PROD with BILLS
120 

•S 4049 RS

1 (c) CONSULTATION.—In addition to consultation and 

2 coordination required under subsection (b), the Secretary 

3 shall, in producing the report required by subsection (a), 

4 consult with the Secretary of the Army, the Chairman of 

5 the Joint Chiefs of Staff, the Under Secretary of Defense 

6 for Policy, the Director of Naval Nuclear Propulsion, and 

7 such other officials as the Secretary considers necessary. 

8 (d) FORM.—The report submitted under subsection 

9 (a) shall be submitted in unclassified form, but may in10 clude a classified annex. 

11 (e) LIMITATION ON USE OF FUNDS.—Not more than 

12 20 percent of the amounts authorized to be appropriated 

13 by this Act for fiscal year 2021 for Department of Defense 

14 micro nuclear reactor programs shall be obligated or ex15 pended until the Secretary submits the report required by 

16 subsection (a) to the appropriate congressional commit17 tees. 

18 (f) RULE OF CONSTRUCTION.—Nothing in this provi19 sion shall be construed to limit or otherwise apply to the 

20 Naval Nuclear Propulsion program as established by Ex21 ecutive Order No. 12344, dated February 1, 1982 (42 

22 U.S.C. 7158 note). 

23 (g) DEFINITIONS.—In this section: 

24 (1) The term ‘‘appropriate congressional com25 mittees’’ means— 


pbinns on DSKJLVW7X2PROD with BILLS
121 

•S 4049 RS

1 (A) the Committee on Armed Services, the 

2 Committee on Appropriations, the Committee 

3 on Energy and Natural Resources, the Com4 mittee on Environment and Public Works, and 

5 the Committee on Foreign Relations of the Sen6 ate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Appropriations, the Committee 

9 on Energy and Commerce, the Committee on 

10 Natural Resources, and the Committee on For11 eign Affairs of the House of Representatives. 

12 (2) The term ‘‘micro nuclear reactor’’means a 

13 nuclear reactor with a production capacity of less 

14 than 20 megawatts. 

15 SEC. 236. MODIFICATION TO TEST RESOURCE MANAGE16 MENT CENTER STRATEGIC PLAN REPORTING 

17 CYCLE AND CONTENTS. 

18 (a) QUADRENNIAL STRATEGIC PLAN.—Section 196 

19 of title 10, United States Code, is amended— 

20 (1) in subsections (c)(1)(C) and (e)(2)(B), by 

21 inserting ‘‘quadrennial’’ before ‘‘strategic plan’’; and 

22 (2) in subsection (d)— 

23 (A) in the heading, by inserting ‘‘QUAD24 RENNIAL’’ before ‘‘STRATEGIC PLAN’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
122 

•S 4049 RS

1 (B) by inserting ‘‘quadrennial’’ before 

2 ‘‘strategic plan’’ each place it occurs. 

3 (b) TIMING AND COVERAGE OF PLAN.—Subsection 

4 (d)(1) of such section, as amended by subsection (a)(2), 

5 is further amended— 

6 (1) in the first sentence, by striking ‘‘two fiscal 

7 years’’ and inserting ‘‘four fiscal years, and within 

8 one year after release of the National Defense Strat9 egy,’’ ; and 

10 (2) in the second sentence, by striking ‘‘thirty 

11 fiscal years’’ and inserting ‘‘15 fiscal years’’. 

12 (c) AMENDMENT TO CONTENTS OF PLAN.—Sub13 section (d)(2) of such section, as amended by subsection 

14 (a)(2), is further amended— 

15 (1) by striking subparagraph (B); 

16 (2) by redesignating subparagraphs (C) through 

17 (G) as subparagraphs (B) through (F), respectively; 

18 and 

19 (3) in subparagraph (B), as redesignated by 

20 paragraph (2), by striking ‘‘based on current’’ and 

21 all that follows through the end and inserting ‘‘for 

22 test and evaluation of the Department of Defense 

23 major weapon systems based on current and emerg24 ing threats.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
123 

•S 4049 RS

1 (d) ANNUAL UPDATE TO PLAN.—Subsection (d) of 

2 such section is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(5)(A) In addition to the quadrennial strategic plan 

5 completed under paragraph (1), the Director of the De6 partment of Defense Test Resource Management Center 

7 shall also complete an annual update to the quadrennial 

8 strategic plan. 

9 ‘‘(B) Each annual update completed under subpara10 graph (A) shall include the following: 

11 ‘‘(i) A summary of changes to the assessment 

12 provided in the most recent quadrennial strategic 

13 plan. 

14 ‘‘(ii) Comments and recommendations the Di15 rector considers appropriate. 

16 ‘‘(iii) Test and evaluation challenges raised 

17 since the completion of the most recent quadrennial 

18 strategic plan. 

19 ‘‘(iv) Actions taken or planned to address such 

20 challenges.’’. 

21 (e) TECHNICAL CORRECTION.—Subsection (d)(1) of 

22 such, as amended by subsections (a)(2) and (b), is further 

23 amended by striking ‘‘Test Resources Management Cen24 ter’’ and inserting ‘‘Test Resource Management Center’’. 


pbinns on DSKJLVW7X2PROD with BILLS
124 

•S 4049 RS

1 SEC. 237. LIMITATION ON CONTRACT AWARDS FOR CER2 TAIN UNMANNED VESSELS. 

3 (a) LIMITATION.—None of the funds authorized to 

4 be appropriated for fiscal year 2021 by section 201 for 

5 research, development, test, and evaluation may be used 

6 for the award of a contract for a covered vessel until the 

7 date that is 30 days after the date on which the Under 

8 Secretary of Defense for Research and Engineering sub9 mits to the congressional defense committees a report and 

10 certification described in subsection (c) for such contract 

11 and covered vessel. 

12 (b) COVERED VESSELS.—For purposes of this sec13 tion, a covered vessel is one of the following: 

14 (1) A large unmanned surface vessel (LUSV). 

15 (2) A medium unmanned surface vehicle 

16 (MUSV). 

17 (3) A large displacement unmanned undersea 

18 vehicle (LDUUV). 

19 (4) An extra-large unmanned undersea vehicle 

20 (XLUUV). 

21 (c) REPORT AND CERTIFICATION DESCRIBED.—A re22 port and certification described in this subsection regard23 ing a contract for a covered vessel is— 

24 (1) a report— 

25 (A) submitted to the congressional defense 

26 committees not later than 60 days after the 


pbinns on DSKJLVW7X2PROD with BILLS
125 

•S 4049 RS

1 date of the completion of an independent tech2 nical risk assessment for such covered vessel; 

3 and 

4 (B) on the findings of the Under Secretary 

5 with respect to such assessment; and 

6 (2) a certification, submitted to the congres7 sional defense committees with the report described 

8 in paragraph (1), that certifies that— 

9 (A) the Under Secretary has determined, 

10 in conjunction with the Senior Technical Au11 thority designated under section 8669b(a)(1) of 

12 title 10, United States Code, for the class of 

13 naval vessels that includes the covered vessel, 

14 that the critical mission, hull, mechanical, and 

15 electrical subsystems of the covered vessel— 

16 (i) have been demonstrated in vessel17 representative form, fit, and function; and 

18 (ii) have achieved performance levels 

19 equal to or greater than applicable Depart20 ment of Defense threshold requirements 

21 for such class of vessels; and 

22 (B) such contract is necessary to meet De23 partment research, development, test, and eval24 uation objectives for such covered vessel that 

25 cannot otherwise be met through further landVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
126 

•S 4049 RS

1 based subsystem prototyping or other dem2 onstration approaches. 

3 (d) CRITICAL MISSION, HULL, MECHANICAL, AND

4 ELECTRICAL SUBSYSTEMS DEFINED.—In this section, the 

5 term ‘‘critical mission, hull, mechanical, and electrical sub6 systems’’, with respect to a covered vessel, includes the 

7 following subsystems: 

8 (1) Command, control, communications, com9 puters, intelligence, surveillance, and reconnaissance. 

10 (2) Autonomous vessel navigation, vessel con11 trol, contact management, and contact avoidance. 

12 (3) Communications security, including 

13 cryptopgraphy, encryption, and decryption. 

14 (4) Main engines, including the lube oil, fuel oil, 

15 and other supporting systems. 

16 (5) Electrical generation and distribution, in17 cluding supporting systems. 

18 (6) Military payloads. 

19 (7) Any other subsystem identified as critical by 

20 the Senior Technical Authority designated under 

21 section 8669b(a)(1) of title 10, United States Code, 

22 for the class of naval vessels that includes the cov23 ered vessel. 


pbinns on DSKJLVW7X2PROD with BILLS
127 

•S 4049 RS

1 SEC. 238. DOCUMENTATION RELATING TO THE ADVANCED 

2 BATTLE MANAGEMENT SYSTEM. 

3 (a) DOCUMENTATION REQUIRED.—Immediately 

4 upon the enactment of this Act, the Secretary of the Air 

5 Force shall submit to the congressional defense commit6 tees the following documentation relating to the Advanced 

7 Battle Management System: 

8 (1) A list that identifies each program, project, 

9 and activity that contributes to the architecture of 

10 the Advanced Battle Management System. 

11 (2) The final analysis of alternatives for the 

12 Advanced Battle Management System. 

13 (3) The requirements for the networked data 

14 architecture necessary for the Advanced Battle Man15 agement System to provide multidomain command 

16 and control and battle management capabilities and 

17 a development schedule for such architecture. 

18 (b) LIMITATION.—Of the funds authorized to be ap19 propriated by this Act for fiscal year 2021 for operations 

20 and maintenance for the Office of the Secretary of the 

21 Air Force, not more than 25 percent may be obligated 

22 until the date that is 30 days after the date on which the 

23 Secretary of the Air Force submits to the congressional 

24 defense committees the documentation required by sub25 section (a) and the Vice Chairman of the Vice Chairman 

26 of the Joint Chiefs certifies the documentation. 


pbinns on DSKJLVW7X2PROD with BILLS
128 

•S 4049 RS

1 (c) ADVANCED BATTLE MANAGEMENT SYSTEM.—In 

2 this section, the term ‘‘Advanced Battle Management Sys3 tem’’ means the Advanced Battle Management System of 

4 Systems capability of the Air Force, including each pro5 gram, project, and activity that contributes to such capa6 bility. 

7 SEC. 239. ARMED SERVICES VOCATIONAL APTITUDE BAT8 TERY TEST SPECIAL PURPOSE ADJUNCT TO 

9 ADDRESS COMPUTATIONAL THINKING. 

10 Not later than one year after the date of the enact11 ment of this Act, the Secretary of Defense shall establish 

12 a special purpose test adjunct to the Armed Services Voca13 tional Aptitude Battery test to address computational 

14 thinking skills relevant to military applications, including 

15 problem decomposition, abstraction, pattern recognition, 

16 analytical ability, the identification of variables involved 

17 in data representation, and the ability to create algorithms 

18 and solution expressions. 

19 TITLE III—OPERATION AND 

20 MAINTENANCE 

21 Subtitle A—Authorization of 

22 Appropriations 

23 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2021 for the use of the Armed Forces and other 


pbinns on DSKJLVW7X2PROD with BILLS
129 

•S 4049 RS

1 activities and agencies of the Department of Defense for 

2 expenses, not otherwise provided for, for operation and 

3 maintenance, as specified in the funding table in section 

4 4301. 

5 Subtitle B—Energy and 

6 Environment 

7 SEC. 311. MODIFICATIONS AND TECHNICAL CORRECTIONS 

8 TO ENSURE RESTORATION OF CONTAMINA9 TION BY PERFLUOROOCTANE SULFONATE 

10 AND PERFLUOROOCTANOIC ACID. 

11 (a) DEFINITION FOR PFOA AND PFOS.—Section 

12 2700 of title 10, United States Code, is amended by add13 ing at the end the following new paragraphs: 

14 ‘‘(4) The term ‘perfluorooctane sulfonate’ 

15 means perfluorooctane sulfonic acid or sulfonate 

16 (commonly referred to as ‘PFOS’) (Chemical Ab17 stracts Service No. 1763-23-1) and the salts associ18 ated with perfluorooctane sulfonic acid or sulfonate 

19 (Chemical Abstracts Service Nos. 2795–39–3, 

20 29457–72–5, 56773–42–3, 29081–56–9, and 

21 70225–14–8). 

22 ‘‘(5) The term ‘perfluorooctanoic acid’ means 

23 perfluorooctanoic acid (commonly referred to as 

24 ‘PFOA’) (Chemical Abstracts Service No. 335-67-1) 

25 and the salts associated with perfluorooctanoic acid 


pbinns on DSKJLVW7X2PROD with BILLS
130 

•S 4049 RS

1 (Chemical Abstracts Service Nos. 3825-26-1, 335- 

2 95-5, and 68141-02-6).’’. 

3 (b) MODIFICATION OF ENVIRONMENTAL RESTORA4 TION ACCOUNTS.—Section 2703 of such title is amend5 ed— 

6 (1) in subsection (e)(2), by striking ‘‘environ7 mental’’; 

8 (2) in subsection (f), by striking ‘‘to the Envi9 ronmental Restoration Account, Defense, or to any 

10 environmental restoration account of a military de11 partment,’’ and inserting ‘‘or transferred to an ac12 count established under subsection (a)’’; 

13 (3) by striking subsection (g) and inserting the 

14 following: 

15 ‘‘(g) SOLE SOURCE OF FUNDS FOR RESPONSES

16 UNDER THIS CHAPTER.—Except as provided in sub17 section (h), the sole source of funds for all phases of a 

18 response under this chapter shall be the applicable envi19 ronmental restoration account established under sub20 section (a).’’; and 

21 (4) in subsection (h)— 

22 (A) in the subsection heading, by striking 

23 ‘‘ENVIRONMENTAL REMEDIATION’’ and insert24 ing ‘‘RESPONSES’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
131 

•S 4049 RS

1 (B) by striking ‘‘services procured under 

2 section 2701(d)(1) of this title’’ and inserting 

3 ‘‘a response’’. 

4 (c) MODIFICATION OF AUTHORITY FOR ENVIRON5 MENTAL RESTORATION PROJECTS OF NATIONAL

6 GUARD.— 

7 (1) IN GENERAL.—Section 2707(e) of such title 

8 is amended— 

9 (A) by striking ‘‘Notwithstanding’’ and in10 serting ‘‘(1) Notwithstanding’’; 

11 (B) by inserting ‘‘where military activities 

12 are conducted by the National Guard of a State 

13 under title 32’’ after ‘‘facility’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) The Secretary concerned may use the authority 

17 under section 2701(d) of this title to carry out environ18 mental restoration projects under paragraph (1).’’. 

19 (2) CORRECTION OF DEFINITION OF FACIL20 ITY.—Paragraph (2) of section 2700 of such title is 

21 amended— 

22 (A) in subparagraph (A), by striking ‘‘(A) 

23 The terms’’ and inserting ‘‘The terms’’; and 

24 (B) by striking subparagraph (B). 


pbinns on DSKJLVW7X2PROD with BILLS
132 

•S 4049 RS

1 (d) EXTENSION OF CONTRACT AUTHORITY.—Section 

2 2708(b) of such title is amended— 

3 (1) in paragraph (1), by striking ‘‘fiscal years 

4 1992 through 1996’’ and inserting ‘‘a period speci5 fied in paragraph (3)’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(3) A period specified in this paragraph is— 

9 ‘‘(A) the period of fiscal years 1992 through 

10 1996; or 

11 ‘‘(B) on or after the date of the enactment of 

12 the National Defense Authorization Act for Fiscal 

13 Year 2021.’’. 

14 (e) TECHNICAL CONSISTENCY FOR MUNITIONS RE15 SPONSE.— 

16 (1) PROGRAM GOALS.—Section 2701(b)(2) of 

17 such title is amended by striking ‘‘of unexploded 

18 ordnance’’ and inserting ‘‘of unexploded ordnance, 

19 discarded military munitions, and munitions con20 stituents in a manner consistent with section 2710 

21 of this title’’. 

22 (2) ENVIRONMENTAL RESTORATION AC23 COUNTS.—Section 2703(b) of such title is amended 

24 by striking the second sentence and inserting the fol25 lowing new sentence: ‘‘Such remediation shall be 


pbinns on DSKJLVW7X2PROD with BILLS
133 

•S 4049 RS

1 conducted in a manner consistent with section 2710 

2 of this title.’’. 

3 (3) TRANSFER OF DEFINITIONS.— 

4 (A) TRANSFER.—Paragraphs (2) and (3) 

5 of section 2710(e) of such title are— 

6 (i) transferred to section 2700 of such 

7 title; 

8 (ii) added at the end of such section; 

9 and 

10 (iii) redesignated as paragraphs (6) 

11 and (7), respectively. 

12 (B) REDESIGNATION OF DEFINITIONS.— 

13 Section 2710(e) of such title is amended by re14 designating paragraphs (4) through (7) as 

15 paragraphs (2) through (5), respectively. 

16 (4) CONFORMING AMENDMENTS.—Section 

17 313(d) of the John Warner National Defense Au18 thorization Act for Fiscal Year 2007 (Public Law 

19 109–364; 10 U.S.C. 2710 note) is amended— 

20 (A) in paragraph (2)— 

21 (i) by striking ‘‘ ‘discarded military 

22 munitions’, ‘munitions constituents’, and 

23 ‘defense sites’ ’’ and inserting ‘‘ ‘discarded 

24 military munitions’ and ‘munitions con25 stituents’ ’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
134 

•S 4049 RS

1 (ii) by striking ‘‘section 2710(e)’’ and 

2 inserting ‘‘section 2700’’; and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) The term ‘defense site’ has the meaning 

6 given such term in section 2710(e) of such title.’’. 

7 (f) TECHNICAL CORRECTION REGARDING COOPERA8 TIVE AGREEMENTS.—Section 332(a)(2) of the National 

9 Defense Authorization Act for Fiscal Year 2020 (Public 

10 Law 116–92) is amended, in the matter preceding sub11 paragraph (A), by striking ‘‘shall meet or exceed the most 

12 stringent of the following’’ and inserting ‘‘relating to a re13 sponse shall reflect application to the response of the most 

14 protective of the following’’. 

15 SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION 

16 INTEGRATION PROGRAM TECHNICAL EDITS 

17 AND CLARIFICATION. 

18 (a) USE OF FUNDS.—Section 2684a(i) of title 10, 

19 United States Code, is amended by adding at the end the 

20 following new paragraph: 

21 ‘‘(3) Funds obligated to carry out an agreement 

22 under this section shall be available for use with regard 

23 to any property in the geographic scope specified in the 

24 agreement— 

25 ‘‘(A) at the time the funds are obligated; and 


pbinns on DSKJLVW7X2PROD with BILLS
135 

•S 4049 RS

1 ‘‘(B) in any subsequent modification to the 

2 agreement.’’. 

3 (b) CLARIFICATION OF REFERENCES TO ELIGIBLE

4 ENTITIES.— 

5 (1) DEFINITION.—Subsection (b) of section 

6 2684a of title 10, United States Code, is amended, 

7 in the matter preceding paragraph (1), by striking 

8 ‘‘An agreement under this section may be entered 

9 into with’’ and inserting ‘‘For purposes of this sec10 tion, an eligible entity is’’. 

11 (2) ACQUISITION OF PROPERTY AND INTER12 ESTS.—Subsection (d)(1) of such section is amended 

13 by striking ‘‘the entity or entities’’ each place it ap14 pears and inserting ‘‘an eligible entity or entities’’. 

15 (3) RETROACTIVE APPLICATION.—The amend16 ments made by paragraphs (1) and (2) shall apply 

17 to any agreement entered into under section 2684a 

18 of title 10, United States Code, on or after Decem19 ber 2, 2002. 

20 SEC. 313. SURVEY AND MARKET RESEARCH OF TECH21 NOLOGIES FOR PHASE OUT BY DEPARTMENT 

22 OF DEFENSE OF USE OF FLUORINATED 

23 AQUEOUS FILM-FORMING FOAM. 

24 (a) SURVEY OF TECHNOLOGIES AND MARKET RE25 SEARCH.— 


pbinns on DSKJLVW7X2PROD with BILLS
136 

•S 4049 RS

1 (1) IN GENERAL.—The Secretary of Defense 

2 shall conduct a survey and market research of rel3 evant technologies, other than fire-fighting agent so4 lutions, to determine whether any such technologies 

5 are available and can be adapted quickly for use by 

6 the Department of Defense to execute the phase-out 

7 by the Department of the use of fluorinated aqueous 

8 film-forming foam. 

9 (2) TECHNOLOGIES INCLUDED.—The tech10 nologies surveyed or researched under paragraph (1) 

11 shall include the following: 

12 (A) Hangar flooring systems. 

13 (B) Liquid drainage flood assemblies. 

14 (C) Fire-fighting agent delivery systems. 

15 (D) Containment systems. 

16 (E) Such other relevant technologies as the 

17 Secretary determines appropriate. 

18 (b) BRIEFING.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act, the Sec21 retary shall brief the congressional defense commit22 tees on the results of the survey and market re23 search conducted under subsection (a). 


pbinns on DSKJLVW7X2PROD with BILLS
137 

•S 4049 RS

1 (2) ELEMENTS OF BRIEFING.—The briefing re2 quired under paragraph (1) shall include the fol3 lowing: 

4 (A) A description of the technologies sur5 veyed and researched under subsection (a). 

6 (B) An identification of any such tech7 nologies that were considered for further testing 

8 or analysis. 

9 (C) An identification of any other tech10 nologies useful for the phase-out by the Depart11 ment of the use of fluorinated aqueous film12 forming foam that are undergoing additional 

13 analysis for possible application within the De14 partment. 

15 SEC. 314. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 MILITARY INSTALLATION RESILIENCE 

17 PROJECTS. 

18 (a) MODIFICATION OF AUTHORITY.—Section 2815 of 

19 title 10, United States Code is amended— 

20 (1) in subsection (a), by inserting ‘‘(except as 

21 provided in subsections (d)(3) and (e))’’ before the 

22 period at the end; 

23 (2) in subsection (c), by striking ‘‘A project’’ 

24 and inserting ‘‘Except as provided in subsection 

25 (e)(2), a project’’; 


pbinns on DSKJLVW7X2PROD with BILLS
138 

•S 4049 RS

1 (3) by redesignating subsection (d) as sub2 section (f); and 

3 (4) by inserting after subsection (c) the fol4 lowing new subsections: 

5 ‘‘(d) LOCATION OF PROJECTS.—Projects carried out 

6 pursuant to this section may be carried out— 

7 ‘‘(1) on a military installation; 

8 ‘‘(2) on a facility used by the Department of 

9 Defense that is owned and operated by a State, the 

10 District of Columbia, the Commonwealth of Puerto 

11 Rico, American Samoa, Guam, the Commonwealth 

12 of the Northern Mariana Islands, or the Virgin Is13 lands, even if the facility is not under the jurisdic14 tion of the Department of Defense, if the Secretary 

15 of Defense determines that the facility is subject to 

16 significant use by the armed forces for testing or 

17 training; or 

18 ‘‘(3) outside of a military installation or facility 

19 described in paragraph (2) if the Secretary con20 cerned determines that the project would preserve or 

21 enhance the resilience of— 

22 ‘‘(A) a military installation; 

23 ‘‘(B) a facility described in paragraph (2); 

24 or 


pbinns on DSKJLVW7X2PROD with BILLS
139 

•S 4049 RS

1 ‘‘(C) community infrastructure determined 

2 by the Secretary concerned to be necessary to 

3 maintain, improve, or rapidly reestablish instal4 lation mission assurance and mission-essential 

5 functions. 

6 ‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In car7 rying out a project under this section, the Secretary con8 cerned may use amounts available for operation and main9 tenance for the military department concerned if the Sec10 retary concerned submits a notification to the congres11 sional defense committees of the decision to carry out the 

12 project using such amounts and includes in the notifica13 tion— 

14 ‘‘(A) the current estimate of the cost of the 

15 project; 

16 ‘‘(B) the source of funds for the project; and 

17 ‘‘(C) a certification that deferral of the project 

18 for inclusion in the next Military Construction Au19 thorization Act would be inconsistent with national 

20 security or the protection of health, safety, or envi21 ronmental quality, as the case may be. 

22 ‘‘(2) A project carried out under this section using 

23 amounts under paragraph (1) may be carried out only 

24 after the end of the 7-day period beginning on the date 

25 on which a copy of the notification described in paragraph 


pbinns on DSKJLVW7X2PROD with BILLS
140 

•S 4049 RS

1 (1) is provided in an electronic medium pursuant to sec2 tion 480 of this title. 

3 ‘‘(3) The maximum aggregate amount that the Sec4 retary concerned may obligate from amounts available to 

5 the military department concerned for operation and 

6 maintenance in any fiscal year for projects under the au7 thority of this subsection is $100,000,000.’’. 

8 (b) CONSIDERATION OF MILITARY INSTALLATION

9 RESILIENCE IN AGREEMENTS AND INTERAGENCY CO10 OPERATION.—Section 2684a of such title is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2)(B)— 

13 (i) by striking clause (ii); and 

14 (ii) in clause (i)— 

15 (I) by striking ‘‘(i)’’; and 

16 (II) by striking ‘‘; or’’ and insert17 ing a semicolon; 

18 (B) by redesignating paragraph (3) as 

19 paragraph (4); and 

20 (C) by inserting after paragraph (2) the 

21 following new paragraph (3): 

22 ‘‘(3) maintaining or improving military installa23 tion resilience; or’’; and 

24 (2) by amending subsection (h) to read as fol25 lows: 


pbinns on DSKJLVW7X2PROD with BILLS
141 

•S 4049 RS

1 ‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION

2 AND RESILIENCE PROGRAMS TO AVOID OR REDUCE AD3 VERSE IMPACTS ON MILITARY INSTALLATION RESIL4 IENCE AND MILITARY READINESS ACTIVITIES.—In order 

5 to facilitate interagency cooperation and enhance the ef6 fectiveness of actions that will protect the environment, 

7 military installation resilience, and military readiness, the 

8 recipient of funds provided pursuant to an agreement 

9 under this section or under the Sikes Act (16 U.S.C. 670 

10 et seq.) may, with regard to the lands and waters within 

11 the scope of the agreement, use such funds to satisfy any 

12 matching funds or cost-sharing requirement of any con13 servation or resilience program of any Federal agency not14 withstanding any limitation of such program on the source 

15 of matching or cost-sharing funds.’’. 

16 SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVIRON17 MENTAL MITIGATION PROGRAM. 

18 (a) IN GENERAL.—Chapter 160 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 2712. Native American lands environmental mitiga22 tion program 

23 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

24 may establish and carry out a program to mitigate the 


pbinns on DSKJLVW7X2PROD with BILLS
142 

•S 4049 RS

1 environmental effects of actions by the Department of De2 fense on Indian lands and culturally connected locations. 

3 ‘‘(b) PROGRAM ACTIVITIES.—The activities that may 

4 be carried out under the program established under sub5 section (a) are the following: 

6 ‘‘(1) Identification, investigation, and docu7 mentation of suspected environmental effects attrib8 utable to past actions by the Department of De9 fense. 

10 ‘‘(2) Development of mitigation options for such 

11 environmental effects, including development of cost12 to-complete estimates and a system for prioritizing 

13 mitigation actions. 

14 ‘‘(3) Direct mitigation actions that the Sec15 retary determines are necessary and appropriate to 

16 mitigate the adverse environmental effects of past 

17 actions by the Department. 

18 ‘‘(4) Demolition and removal of unsafe build19 ings and structures used by, under the jurisdiction 

20 of, or formerly used by or under the jurisdiction of 

21 the Department. 

22 ‘‘(5) Training, technical assistance, and admin23 istrative support to facilitate the meaningful partici24 pation of Indian tribes in mitigation actions under 

25 the program. 


pbinns on DSKJLVW7X2PROD with BILLS
143 

•S 4049 RS

1 ‘‘(6) Development and execution of a policy gov2 erning consultation with Indian tribes that have 

3 been or may be affected by action by the Depart4 ment, including training personnel of the Depart5 ment to ensure compliance with the policy. 

6 ‘‘(c) COOPERATIVE AGREEMENTS.—(1) In carrying 

7 out the program established under subsection (a), the Sec8 retary of Defense may enter into a cooperative agreement 

9 with an Indian tribe or an instrumentality of tribal govern10 ment. 

11 ‘‘(2) Notwithstanding chapter 63 of title 31, a coop12 erative agreement under this section may be used to ac13 quire property or services for the direct benefit of the 

14 United States Government. 

15 ‘‘(3) A cooperative agreement under this section for 

16 the procurement of severable services may begin in one 

17 fiscal year and end in another fiscal year only if the total 

18 period of performance does not exceed two calendar years. 

19 ‘‘(d) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘Indian land’ includes— 

21 ‘‘(A) any land located within the bound22 aries and a part of an Indian reservation, pueb23 lo, or rancheria; 


pbinns on DSKJLVW7X2PROD with BILLS
144 

•S 4049 RS

1 ‘‘(B) any land that has been allotted to an 

2 individual Indian but has not been conveyed to 

3 such Indian with full power of alienation; 

4 ‘‘(C) Alaska Native village and regional 

5 corporation lands; and 

6 ‘‘(D) lands and waters upon which any 

7 Federally recognized Indian tribe has rights re8 served by treaty, act of Congress, or action by 

9 the President. 

10 ‘‘(2) The term ‘Indian Tribe’ means any Indian 

11 Tribe, band, nation, or other organized group or 

12 community, including any Native village, Regional 

13 Corporation, or Village Corporation (as defined in 

14 section 3 of the Alaska Native Claims Settlement 

15 Act (43 U.S.C. 1602)), that is recognized as eligible 

16 for the special programs and services provided by 

17 the United States to Indians because of their status 

18 as Indians. 

19 ‘‘(3) The term ‘culturally connected location’ 

20 means a location or place that has demonstrable sig21 nificance to Indians or Alaska Natives based on its 

22 association with the traditional beliefs, customs, and 

23 practices of a living community, including locations 

24 or places where religious, ceremonial, subsistence, 


pbinns on DSKJLVW7X2PROD with BILLS
145 

•S 4049 RS

1 medicinal, economic, or other lifeways practices have 

2 historically taken place.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 160 of such title is amended 

5 by inserting after the item relating to section 2711 the 

6 following new item: 

‘‘2712. Native American lands environmental mitigation program.’’. 

7 SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY 

8 MEASURES ON MILITARY INSTALLATIONS. 

9 (a) IN GENERAL.—Subchapter I of chapter 173 of 

10 title 10, United States Code, is amended by inserting after 

11 section 2919 the following new section: 

12 ‘‘§ 2920. Energy resilience and energy security meas13 ures on military installations 

14 ‘‘(a) ENERGY RESILIENCE MEASURES.—(1) The 

15 Secretary of Defense shall, by the end of fiscal year 2030, 

16 provide that 100 percent of the energy load required to 

17 maintain the critical missions of each installation have a 

18 minimum level of availability of 99.9 percent per fiscal 

19 year. 

20 ‘‘(2) The Secretary of Defense shall issue standards 

21 establishing levels of availability relative to specific critical 

22 missions, with such standards providing a range of not 

23 less than 99.9 percent availability per fiscal year and not 

24 more than 99.9999 percent availability per fiscal year, de25 pending on the criticality of the mission. 


pbinns on DSKJLVW7X2PROD with BILLS
146 

•S 4049 RS

1 ‘‘(3) The Secretary may establish interim goals to 

2 take effect prior to fiscal year 2025 to ensure the require3 ments under this subsection are met. 

4 ‘‘(4) The Secretary of each military department and 

5 the head of each Defense Agency shall ensure that their 

6 organizations meet the requirements of this subsection. 

7 ‘‘(b) PLANNING.—(1) The Secretary of Defense shall 

8 require the Secretary of each military department and the 

9 head of each Defense Agency to plan for the provision of 

10 energy resilience and energy security for installations. 

11 ‘‘(2) Planning under paragraph (1) shall— 

12 ‘‘(A) promote the use of multiple and diverse 

13 sources of energy, with an emphasis favoring energy 

14 resources originating on the installation such as 

15 modular generation; 

16 ‘‘(B) promote installing microgrids to ensure 

17 the energy security and energy resilience of critical 

18 missions; and 

19 ‘‘(C) favor the use of full-time, installed energy 

20 sources rather than emergency generation. 

21 ‘‘(c) DEVELOPMENT OF INFORMATION.—The plan22 ning required by subsection (b) shall identify each of the 

23 following for each installation: 

24 ‘‘(1) The critical missions of the installation. 


pbinns on DSKJLVW7X2PROD with BILLS
147 

•S 4049 RS

1 ‘‘(2) The energy requirements of those critical 

2 missions. 

3 ‘‘(3) The duration that those energy require4 ments are likely to be needed in the event of a dis5 ruption or emergency. 

6 ‘‘(4) The current source of energy provided to 

7 those critical missions. 

8 ‘‘(5) The duration that the currently provided 

9 energy would likely be available in the event of a dis10 ruption or emergency. 

11 ‘‘(6) Any currently available sources of energy 

12 that would provide uninterrupted energy to critical 

13 missions in the event of a disruption or emergency. 

14 ‘‘(7) Alternative sources of energy that could be 

15 developed to provide uninterrupted energy to critical 

16 missions in the event of a disruption or emergency. 

17 ‘‘(d) TESTING AND MEASURING.—(1)(A) The Sec18 retary of Defense shall require the Secretary of each mili19 tary department and head of each Defense Agency to con20 duct monitoring, measuring, and testing to provide the 

21 data necessary to comply with this section. 

22 ‘‘(B) Any data provided under subparagraph (A) 

23 shall be made available to the Assistant Secretary of De24 fense for Sustainment upon request. 


pbinns on DSKJLVW7X2PROD with BILLS
148 

•S 4049 RS

1 ‘‘(2)(A) The Secretary of Defense shall require that 

2 black start exercises be conducted to assess the energy re3 silience and energy security of installations for periods es4 tablished to evaluate the ability of the installation to per5 form critical missions without access to off-installation en6 ergy resources. 

7 ‘‘(B) A black start exercise conducted under subpara8 graph (A) may exclude, if technically feasible, housing 

9 areas, commissaries, exchanges, and morale, welfare, and 

10 recreation facilities. 

11 ‘‘(C) The Secretary of Defense shall— 

12 ‘‘(i) provide uniform policy for the military de13 partments and the Defense Agencies with respect to 

14 conducting black start exercises; and 

15 ‘‘(ii) establish a schedule of black start exer16 cises for the military departments and the Defense 

17 Agencies, with each military department and De18 fense Agency scheduled to conduct such an exercise 

19 on a number of installations each year sufficient to 

20 allow that military department or Defense Agency to 

21 meet the goals of this section, but in any event not 

22 fewer than five installations each year for each mili23 tary department through fiscal year 2027. 

24 ‘‘(D)(i) Except as provided in clause (ii), the Sec25 retary of each military department shall, notwithstanding 


pbinns on DSKJLVW7X2PROD with BILLS
149 

•S 4049 RS

1 any other provision of law, conduct black start exercises 

2 in accordance with the schedule provided for in subpara3 graph (C)(ii), with any such exercise not to last longer 

4 than five days. 

5 ‘‘(ii) The Secretary of a military department may 

6 conduct more black start exercises than those identified 

7 in the schedule provided for in subparagraph (C)(ii). 

8 ‘‘(e) CONTRACT REQUIREMENTS.—For contracts for 

9 energy and utility services, the Secretary of Defense 

10 shall— 

11 ‘‘(1) specify methods and processes to measure, 

12 manage, and verify compliance with subsection (a); 

13 and 

14 ‘‘(2) ensure that such contracts include require15 ments appropriate to ensure energy resilience and 

16 energy security, including requirements for metering 

17 to measure, manage, and verify energy consumption, 

18 availability, and reliability consistent with this sec19 tion and the energy resilience metrics and standards 

20 under section 2911(b) of this title. 

21 ‘‘(f) EXCEPTION.—This section does not apply to 

22 fuels used in aircraft, vessels, or motor vehicles. 

23 ‘‘(g) REPORT.—If by the end of fiscal year 2029, the 

24 Secretary determines that the Department will be unable 

25 to meet the requirements under subsection (a), not later 


pbinns on DSKJLVW7X2PROD with BILLS
150 

•S 4049 RS

1 than 90 days after the end of such fiscal year, the Sec2 retary shall submit to the Committees on Armed Services 

3 of the Senate and House of Representatives a report de4 tailing— 

5 ‘‘(1) the projected shortfall; 

6 ‘‘(2) reasons for the projected shortfall; 

7 ‘‘(3) any statutory, technological, or monetary 

8 impediments to achieving such requirements; 

9 ‘‘(4) any impact to readiness or ability to meet 

10 the national defense posture; and 

11 ‘‘(5) any other relevant information as the Sec12 retary considers appropriate. 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘availability’ means the avail15 ability of required energy at a stated instant of time 

16 or over a stated period of time for a specific pur17 pose. 

18 ‘‘(2) The term ‘black start exercise’ means an 

19 exercise in which delivery of energy provided from 

20 off an installation is terminated before backup gen21 eration assets on the installation are turned on. 

22 Such an exercise shall— 

23 ‘‘(A) determine the ability of the backup 

24 systems to start independently, transfer the 


pbinns on DSKJLVW7X2PROD with BILLS
151 

•S 4049 RS

1 load, and carry the load until energy from off 

2 the installation is restored; 

3 ‘‘(B) align organizations with critical mis4 sions to coordinate in meeting critical mission 

5 requirements; 

6 ‘‘(C) validate mission operation plans, such 

7 as continuity of operations plans; 

8 ‘‘(D) identify infrastructure interdepend9 encies; and 

10 ‘‘(E) verify backup electric power system 

11 performance. 

12 ‘‘(3) The term ‘critical mission’— 

13 ‘‘(A) means those aspects of the missions 

14 of an installation, including mission essential 

15 operations, that are critical to successful per16 formance of the strategic national defense mis17 sion; 

18 ‘‘(B) may include operational headquarters 

19 facilities, airfields and supporting infrastruc20 ture, harbor facilities supporting naval vessels, 

21 munitions production and storage facilities, 

22 missile fields, radars, satellite control facilities, 

23 cyber operations facilities, space launch facili24 ties, operational communications facilities, and 

25 biological defense facilities; and 


pbinns on DSKJLVW7X2PROD with BILLS
152 

•S 4049 RS

1 ‘‘(C) does not include military housing (in2 cluding privatized military housing), morale, 

3 welfare, and recreation facilities, exchanges, 

4 commissaries, or privately owned facilities. 

5 ‘‘(4) The term ‘energy’ means electricity, nat6 ural gas, steam, chilled water, and heated water. 

7 ‘‘(5) The term ‘installation’ has the meaning 

8 given the term ‘military installation’ in section 

9 2801(c)(4) of this title.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of subchapter I of chapter 173 of such 

12 title is amended by inserting after the item relating to sec13 tion 2919 the following new item: 

‘‘2920. Energy resilience and energy security measures on military installations.’’. 

14 SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY 

15 COST SAVINGS FOR DEPARTMENT OF DE16 FENSE. 

17 Section 2912(a) of title 10, United States Code, is 

18 amended by inserting ‘‘and, in the case of operational en19 ergy, from both training and operational missions,’’ after 

20 ‘‘under section 2913 of this title,’’. 

21 SEC. 318. LONG-DURATION DEMONSTRATION INITIATIVE 

22 AND JOINT PROGRAM. 

23 (a) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with BILLS
153 

•S 4049 RS

1 (1) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the Environmental Security Tech3 nology Certification Program of the Department of 

4 Defense. 

5 (2) DIRECTOR OF ARPA–E.—The term ‘‘Direc6 tor of ARPA–E’’ means the Director of the Ad7 vanced Research Projects Agency—Energy. 

8 (3) INITIATIVE.—The term ‘‘Initiative’’ means 

9 the demonstration initiative established under sub10 section (b). 

11 (4) JOINT PROGRAM.—The term ‘‘Joint Pro12 gram’’ means the joint program established under 

13 subsection (d). 

14 (b) ESTABLISHMENT OF INITIATIVE.—Not later than 

15 180 days after the date of enactment of this Act, the Di16 rector shall establish a demonstration initiative composed 

17 of demonstration projects focused on the development of 

18 long-duration energy storage technologies. 

19 (c) SELECTION OF PROJECTS.—To the maximum ex20 tent practicable, in selecting demonstration projects to 

21 participate in the Initiative, the Director shall— 

22 (1) ensure a range of technology types; 

23 (2) ensure regional diversity among projects; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
154 

•S 4049 RS

1 (3) consider bulk power level, distribution power 

2 level, behind-the-meter, microgrid (grid-connected or 

3 islanded mode), and off-grid applications. 

4 (d) JOINT PROGRAM.— 

5 (1) ESTABLISHMENT.—As part of the Initia6 tive, the Director, in consultation with the Director 

7 of ARPA–E, shall establish within the Department 

8 of Defense a joint program to carry out projects— 

9 (A) to demonstrate promising long-dura10 tion energy storage technologies at different 

11 scales to promote energy resiliency; and 

12 (B) to help new, innovative long-duration 

13 energy storage technologies become commer14 cially viable. 

15 (2) MEMORANDUM OF UNDERSTANDING.—Not 

16 later than 200 days after the date of enactment of 

17 this Act, the Director shall enter into a memo18 randum of understanding with the Director of 

19 ARPA–E to administer the Joint Program. 

20 (3) INFRASTRUCTURE.—In carrying out the 

21 Joint Program, the Director and the Director of 

22 ARPA–E shall— 

23 (A) use existing test-bed infrastructure 

24 at— 


pbinns on DSKJLVW7X2PROD with BILLS
155 

•S 4049 RS

1 (i) installations of the Department of 

2 Defense; and 

3 (ii) facilities of the Department of En4 ergy; and 

5 (B) develop new infrastructure for identi6 fied projects, if appropriate. 

7 (4) GOALS AND METRICS.—The Director and 

8 the Director of ARPA–E shall develop goals and 

9 metrics for technological progress under the Joint 

10 Program consistent with energy resilience and en11 ergy security policies. 

12 (5) SELECTION OF PROJECTS.— 

13 (A) IN GENERAL.—To the maximum ex14 tent practicable, in selecting projects to partici15 pate in the Joint Program, the Director and the 

16 Director of ARPA–E shall— 

17 (i) ensure that projects are carried 

18 out under conditions that represent a vari19 ety of environments with different physical 

20 conditions and market constraints; and 

21 (ii) ensure an appropriate balance 

22 of— 

23 (I) larger, higher-cost projects; 

24 and 

25 (II) smaller, lower-cost projects. 


pbinns on DSKJLVW7X2PROD with BILLS
156 

•S 4049 RS

1 (B) PRIORITY.—In carrying out the Joint 

2 Program, the Director and the Director of 

3 ARPA–E shall give priority to demonstration 

4 projects that— 

5 (i) make available to the public 

6 project information that will accelerate de7 ployment of long-duration energy storage 

8 technologies that promote energy resil9 iency; and 

10 (ii) will be carried out in the field. 

11 SEC. 319. PILOT PROGRAM ON ALTERNATIVE FUEL VEHI12 CLE PURCHASING. 

13 (a) IN GENERAL.—The Secretary of Defense, in co14 ordination with the Secretary of Energy and the Adminis15 trator of the General Services Administration, shall carry 

16 out a pilot program under which the Secretary of Defense 

17 may, notwithstanding section 400AA of the Energy Policy 

18 and Conservation Act (42 U.S.C. 6374), purchase new al19 ternative fuel vehicles for which the initial cost of such 

20 vehicles exceeds the initial cost of a comparable gasoline 

21 or diesel fueled vehicle by not more than 10 percent. 

22 (b) LOCATIONS.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 shall carry out the pilot program under subsection 

25 (a) at not fewer than 2 facilities or installations of 


pbinns on DSKJLVW7X2PROD with BILLS
157 

•S 4049 RS

1 the Department of Defense in the continental United 

2 States that— 

3 (A) have the largest total number of at4 tached noncombat vehicles as compared to other 

5 facilities or installations of the Department of 

6 Defense; and 

7 (B) are located within 20 miles of public or 

8 private refueling or recharging stations. 

9 (2) AIR FORCE LOGISTICS CENTER.—One of the 

10 facilities or installations selected under paragraph 

11 (1) shall be an Air Force Logistics Center. 

12 (c) ALTERNATIVE FUEL VEHICLE DEFINED.—In 

13 this section, the term ‘‘alternative fuel vehicle’’ includes 

14 a vehicle that uses— 

15 (1) fuels derived from renewable biomass, as 

16 defined in section 211(o)(1)(I) of the Clean Air Act 

17 (42 U.S.C. 7545(o)(1)(I)); 

18 (2) natural gas (including compressed and liq19 uefied natural gas); or 

20 (3) propane. 


pbinns on DSKJLVW7X2PROD with BILLS
158 

•S 4049 RS

1 Subtitle C—Logistics and 

2 Sustainment 

3 SEC. 331. REPEAL OF STATUTORY REQUIREMENT FOR NO4 TIFICATION TO DIRECTOR OF DEFENSE LO5 GISTICS AGENCY THREE YEARS PRIOR TO IM6 PLEMENTING CHANGES TO ANY UNIFORM OR 

7 UNIFORM COMPONENT. 

8 Section 356 of the John S. McCain National Defense 

9 Authorization Act for Fiscal Year 2019 (Public Law 115– 

10 232; 10 U.S.C. 771 note prec.) is amended— 

11 (1) by striking subsection (a); 

12 (2) by redesignating subsections (b) and (c) as 

13 subsections (a) and (b), respectively; and 

14 (3) in subsections (a) and (b), as so redesig15 nated, by striking ‘‘Commander’’ each place it ap16 pears and inserting ‘‘Director’’. 

17 SEC. 332. CLARIFICATION OF LIMITATION ON LENGTH OF 

18 OVERSEAS FORWARD DEPLOYMENT OF CUR19 RENTLY DEPLOYED NAVAL VESSELS. 

20 Section 323(b) of the John S. McCain National De21 fense Authorization Act for Fiscal Year 2019 (Public Law 

22 115–232; 132 Stat. 1720; 10 U.S.C. 8690 note) is amend23 ed by striking ‘‘In the case of any naval vessel’’ and insert24 ing ‘‘In the case of any aircraft carrier, amphibious ship, 

25 cruiser, destroyer, frigate, or littoral combat ship’’. 


pbinns on DSKJLVW7X2PROD with BILLS
159 

•S 4049 RS

1 Subtitle D—Reports 

2 SEC. 351. REPORT ON IMPACT OF PERMAFROST THAW ON 

3 INFRASTRUCTURE, FACILITIES, AND OPER4 ATIONS OF THE DEPARTMENT OF DEFENSE. 

5 (a) REPORT REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall submit to the congressional defense com8 mittees a comprehensive report on the impact of perma9 frost thaw on the infrastructure, facilities, assets, and op10 erations of the Department of Defense. 

11 (b) ELEMENTS.—The report required by subsection 

12 (a) shall include the following: 

13 (1) An identification of the infrastructure, fa14 cilities, and assets of the Department of Defense 

15 that could be impacted by permafrost thaw. 

16 (2) For each element of infrastructure and each 

17 facility and asset identified pursuant to paragraph 

18 (1)— 

19 (A) an assessment of the threat posed by 

20 permafrost thaw; and 

21 (B) an estimate of potential damage in the 

22 event of likely permafrost thaw. 

23 (3) A description of the threats and impacts 

24 posed by permafrost thaw to military and other na25 tional security operations. 


pbinns on DSKJLVW7X2PROD with BILLS
160 

•S 4049 RS

1 (c) CONSULTATION.—In preparing the report under 

2 subsection (a), the Secretary may consult with other Fed3 eral agencies, agencies of State and local governments, 

4 and academic institutions with expertise or experience in 

5 the effects of permafrost thaw on infrastructure, facilities, 

6 and operations. 

7 (d) ASSET DEFINED.—In this section, the term 

8 ‘‘asset’’ means the following: 

9 (1) Any aircraft, weapon system, vehicle, equip10 ment, or gear of the Department of Defense or the 

11 Armed Forces. 

12 (2) Any other item of the Department or the 

13 Armed Forces that the Secretary considers appro14 priate for purposes of this section. 

15 SEC. 352. PLANS AND REPORTS ON EMERGENCY RESPONSE 

16 TRAINING FOR MILITARY INSTALLATIONS. 

17 (a) PLANS.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date of the enactment of this Act, the Secretary 

20 of Defense shall ensure that each military installa21 tion under the jurisdiction of the Secretary that does 

22 not conduct live emergency response training on an 

23 annual basis or more frequently with the civilian law 

24 enforcement and emergency response agencies reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
161 

•S 4049 RS

1 sponsible for responding to an emergency at the in2 stallation develops a plan to conduct such training. 

3 (2) ELEMENTS.—Each plan developed under 

4 paragraph (1) with respect to an installation— 

5 (A) shall include— 

6 (i) the cost of implementing training 

7 described in paragraph (1) at the installa8 tion; 

9 (ii) a description of any obstacles to 

10 the implementation of such training; and 

11 (iii) recommendations for mitigating 

12 any such obstacles; and 

13 (B) shall be designed to ensure that the ci14 vilian law enforcement and emergency response 

15 agencies described in paragraph (1) are familiar 

16 with— 

17 (i) the physical features of the instal18 lation, including gates, buildings, armories, 

19 headquarters, command and control cen20 ters, and medical facilities; and 

21 (ii) the emergency response personnel 

22 and procedures of the installation. 

23 (3) SUBMITTAL OF PLANS.— 

24 (A) SUBMITTAL TO SECRETARY.—Not 

25 later than 90 days after the date of the enactVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
162 

•S 4049 RS

1 ment of this Act, the commander of each mili2 tary installation required to develop a plan 

3 under paragraph (1) shall submit such plan to 

4 the Secretary of Defense. 

5 (B) SUBMITTAL TO CONGRESS.—Not later 

6 than 180 days after the date of the enactment 

7 of this Act, the Secretary shall submit to the 

8 Committees on Armed Services of the Senate 

9 and the House of Representatives a summary of 

10 the plans submitted to the Secretary under sub11 paragraph (A). 

12 (b) REPORTS ON TRAINING CONDUCTED.— 

13 (1) LIST OF INSTALLATIONS.—Not later than 

14 March 1, 2021, the Secretary shall submit to the 

15 Committees on Armed Services of the Senate and 

16 the House of Representatives a list of all military in17 stallations under the jurisdiction of the Secretary 

18 that conduct live emergency response training on an 

19 annual basis or more frequently with the civilian law 

20 enforcement and emergency response agencies re21 sponsible for responding to an emergency at the in22 stallation. 

23 (2) ANNUAL REPORTS.— 

24 (A) IN GENERAL.—Not later than one year 

25 after the date of the enactment of this Act, and 


pbinns on DSKJLVW7X2PROD with BILLS
163 

•S 4049 RS

1 annually thereafter, the commander of each 

2 military installation under the jurisdiction of 

3 the Secretary shall submit to the Secretary a 

4 report on each live emergency response training 

5 conducted during the year covered by the report 

6 with the civilian law enforcement and emer7 gency response agencies responsible for re8 sponding to an emergency at the installation. 

9 (B) ELEMENTS.—Each report submitted 

10 under subparagraph (A) shall include, with re11 spect to each training exercise, the following: 

12 (i) The date and duration of the exer13 cise. 

14 (ii) A detailed description of the exer15 cise. 

16 (iii) An identification of all military 

17 and civilian personnel who participated in 

18 the exercise. 

19 (iv) Any recommendations resulting 

20 from the exercise. 

21 (v) The actions taken, if any, to im22 plement such recommendations. 

23 (C) INCLUSION IN ANNUAL BUDGET SUB24 MISSION.— 


pbinns on DSKJLVW7X2PROD with BILLS
164 

•S 4049 RS

1 (i) IN GENERAL.—The Secretary shall 

2 include in the budget submitted to Con3 gress by the President pursuant to section 

4 1105(a) of title 31, United States Code, a 

5 summary of any report submitted to the 

6 Secretary under subparagraph (A) during 

7 the one-year period preceding the sub8 mittal of the budget. 

9 (ii) CLASSIFIED FORM.—The sum10 mary submitted under clause (i) may be 

11 submitted in classified form. 

12 (D) SUNSET.—The requirement to submit 

13 annual reports under subparagraph (A) shall 

14 terminate upon the submittal of the budget de15 scribed in subparagraph (C)(i) for fiscal year 

16 2024. 

17 SEC. 353. REPORT ON IMPLEMENTATION BY DEPARTMENT 

18 OF DEFENSE OF REQUIREMENTS RELATING 

19 TO RENEWABLE FUEL PUMPS. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of Defense 

22 shall submit to Congress a report on the implementation 

23 by the Department of Defense of the requirements under 

24 section 246(a) of the Energy Independence and Security 

25 Act of 2007 (42 U.S.C. 17053(a)). 


pbinns on DSKJLVW7X2PROD with BILLS
165 

•S 4049 RS

1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) An estimate of the cost to the Department 

4 of fully implementing the requirements under section 

5 246(a) of the Energy Independence and Security Act 

6 of 2007; and 

7 (2) An assessment of any problems or issues 

8 the Department is having in complying with the re9 quirements under such section. 

10 (c) EXCEPTION.—The report required by subsection 

11 (a) shall not apply to a fueling center of the Department 

12 with a fuel turnover rate of less than 100,000 gallons of 

13 fuel per year. 

14 SEC. 354. REPORT ON EFFECTS OF EXTREME WEATHER ON 

15 DEPARTMENT OF DEFENSE. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of Defense 

18 shall submit to the congressional defense committees a re19 port on vulnerabilities to military installations and com20 batant commander requirements resulting from extreme 

21 weather that builds upon the report submitted under sec22 tion 335(c) of the National Defense Authorization Act for 

23 Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1358). 

24 (b) ELEMENTS.—The report required by subsection 

25 (a) shall include the following: 


pbinns on DSKJLVW7X2PROD with BILLS
166 

•S 4049 RS

1 (1) An explanation of the underlying method2 ology that the Department uses to assess the effects 

3 of extreme weather in the report, including through 

4 the use of a climate vulnerability and risk assess5 ment tool as directed under section 326 of the Na6 tional Defense Authorization Act for Fiscal Year 

7 2020 (Public Law 116–92). 

8 (2) An assessment of how extreme weather af9 fects low-lying military installations, military instal10 lations of the Navy and the Marine Corps, and mili11 tary installations outside the United States. 

12 (3) An assessment of how extreme weather af13 fects access of members of the Armed Forces to 

14 training ranges. 

15 (4) With respect to a military installation in a 

16 country outside the United States, an assessment of 

17 the collaboration between the Department of De18 fense and the military or civilian agencies of the gov19 ernment of that country or nongovernmental organi20 zations operating in that country to adapt to risks 

21 from extreme weather. 

22 (5) An assessment of how extreme weather af23 fects housing safety and food security on military in24 stallations. 


pbinns on DSKJLVW7X2PROD with BILLS
167 

•S 4049 RS

1 (6) An assessment of the strategic benefits de2 rived from isolating infrastructure of the Depart3 ment of Defense in the United States from the na4 tional electric grid and the use of energy-efficient, 

5 distributed, and smart power grids by the Armed 

6 Forces in the United States and overseas to ensure 

7 affordable access to electricity. 

8 (7) A list of ten military installation resilience 

9 projects conducted within each military department. 

10 (8) An overview of mitigations, in addition to 

11 current efforts undertaken by the Department, that 

12 may be necessary to ensure the continued oper13 ational viability and to increase the resilience of mili14 tary installations, and the estimated costs of those 

15 mitigations. 

16 (c) CONSULTATION.—In developing the report re17 quired by subsection (a), the Secretary of Defense shall 

18 consult with the Administrator of the Environmental Pro19 tection Agency, the Secretary of Energy, the Adminis20 trator of the National Oceanic and Atmospheric Adminis21 tration, the Administrator of the Federal Emergency Man22 agement Agency, the Commander of the Army Corps of 

23 Engineers, the Administrator of the National Aeronautics 

24 and Space Administration, a federally funded research and 

25 development center, and the heads of such other relevant 


pbinns on DSKJLVW7X2PROD with BILLS
168 

•S 4049 RS

1 Federal agencies as the Secretary of Defense determines 

2 appropriate. 

3 (d) FORM OF REPORT.—The report required by sub4 section (a) shall be submitted in unclassified form but may 

5 contain a classified annex if necessary. 

6 (e) PUBLICATION.—Upon submittal of the report re7 quired by subsection (a), the Secretary of Defense shall 

8 publish the unclassified portion of the report on an Inter9 net website of the Department of Defense that is available 

10 to the public. 

11 (f) DEFINITIONS.—In this section: 

12 (1) EXTREME WEATHER.—The term ‘‘extreme 

13 weather’’ means recurrent flooding, drought, 

14 desertification, wildfires, and thawing permafrost. 

15 (2) UNITED STATES.—The term ‘‘United 

16 States’’ means the several States, the District of Co17 lumbia, and any territory or possession of the 

18 United States. 

19 Subtitle E—Other Matters 

20 SEC. 371. PROHIBITION ON DIVESTITURE OF MANNED IN21 TELLIGENCE, SURVEILLANCE, AND RECON22 NAISSANCE AIRCRAFT OPERATED BY UNITED 

23 STATES SPECIAL OPERATIONS COMMAND. 

24 No funds authorized to be appropriated by this Act 

25 may be used to divest any manned intelligence, surveilVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
169 

•S 4049 RS

1 lance, and reconnaissance aircraft operated by the United 

2 States Special Operations Command, and the Department 

3 of Defense may not divest any manned intelligence, sur4 veillance, and reconnaissance aircraft operated by the 

5 United States Special Operations Command in fiscal year 

6 2021. 

7 SEC. 372. INFORMATION ON OVERSEAS CONSTRUCTION 

8 PROJECTS IN SUPPORT OF CONTINGENCY 

9 OPERATIONS USING FUNDS FOR OPERATION 

10 AND MAINTENANCE. 

11 (a) ANNUAL BUDGET JUSTIFICATION DISPLAY.— 

12 Section 2805(c) of title 10, United States Code, is amend13 ed— 

14 (1) by striking ‘‘The Secretary concerned’’ and 

15 inserting ‘‘(1) The Secretary concerned’’; and 

16 (2) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(2) The Secretary of each military department, the 

19 Director of each Defense Agency, and the head of any 

20 other relevant component of the Department of Defense 

21 shall track and report to the Under Secretary of Defense 

22 (Comptroller) relevant data regarding all overseas con23 struction projects funded with amounts appropriated or 

24 otherwise made available for operation and maintenance 

25 in support of contingency operations. 


pbinns on DSKJLVW7X2PROD with BILLS
170 

•S 4049 RS

1 ‘‘(3)(A) The Secretary of Defense shall prepare, for 

2 inclusion in the annual budget submission by the Presi3 dent to Congress under section 1105 of title 31, a consoli4 dated budget justification display, in classified and unclas5 sified form, that identifies all overseas construction 

6 projects funded with amounts appropriated or otherwise 

7 made available for operation and maintenance in support 

8 of contingency operations. 

9 ‘‘(B) The display prepared under subparagraph (A) 

10 shall include a list of all construction projects described 

11 in such subparagraph that were completed in the prior fis12 cal year, that are ongoing, or that are expected for the 

13 next five fiscal years, and shall identify for each project— 

14 ‘‘(i) the component of the Department of De15 fense involved in the project; 

16 ‘‘(ii) the location of the project; 

17 ‘‘(iii) a brief description of the purpose of the 

18 project; and 

19 ‘‘(iv) the actual or estimated cost of the 

20 project.’’. 

21 (b) REPORT ON CONSTRUCTION PROJECTS IN SUP22 PORT OF CONTINGENCY OPERATIONS.— 

23 (1) IN GENERAL.—Not later than March 1, 

24 2021, the Secretary of Defense shall submit to the 

25 congressional defense committees a report on ways 


pbinns on DSKJLVW7X2PROD with BILLS
171 

•S 4049 RS

1 to improve the development, funding, and execution 

2 of construction projects in support of overseas con3 tingency operations, including those funded with 

4 amounts appropriated or otherwise made available 

5 for operation and maintenance and those funded 

6 with amounts appropriated or otherwise made avail7 able for military construction. 

8 (2) ELEMENTS.—The report required by para9 graph (1) shall include, at a minimum, the following: 

10 (A) An examination and comparison of the 

11 time required to plan, approve, and execute con12 struction projects funded with operation and 

13 maintenance amounts versus those funded with 

14 military construction amounts, in support of 

15 contingency operations, including construction 

16 projects in support of recent operations in Af17 ghanistan, Iraq, Syria, and Eastern Europe. 

18 (B) A description of any challenges associ19 ated with the processes of the Department of 

20 Defense for planning, approving, and executing 

21 such projects. 

22 (C) A description of any ongoing or 

23 planned efforts to improve such processes to 

24 promote efficiency and expediency in the devel25 opment and execution of such projects. 


pbinns on DSKJLVW7X2PROD with BILLS
172 

•S 4049 RS

1 (D) Any recommendations with respect to 

2 improving such processes, including those from 

3 the commanders of the combatant commands 

4 and the Secretaries of the military departments. 

5 SEC. 373. PROVISION OF PROTECTION TO THE NATIONAL 

6 MUSEUM OF THE MARINE CORPS, THE NA7 TIONAL MUSEUM OF THE UNITED STATES 

8 ARMY, THE NATIONAL MUSEUM OF THE 

9 UNITED STATES NAVY, AND THE NATIONAL 

10 MUSEUM OF THE UNITED STATES AIR FORCE. 

11 Section 2465(b) of title 10, United States Code, is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(5) A contract for the performance of on-site 

15 armed security guard functions to be performed— 

16 ‘‘(A) at the Marine Corps Heritage Center 

17 at Marine Corps Base Quantico, Virginia, in18 cluding the National Museum of the Marine 

19 Corps; 

20 ‘‘(B) at the Heritage Center for the Na21 tional Museum of the United States Army at 

22 Fort Belvoir, Virginia; 

23 ‘‘(C) at the Heritage Center for the Na24 tional Museum of the United States Navy at 

25 Washington, District of Columbia; or 


pbinns on DSKJLVW7X2PROD with BILLS
173 

•S 4049 RS

1 ‘‘(D) at the Heritage Center for the Na2 tional Museum of the United States Air Force 

3 at Wright-Patterson Air Force Base, Ohio.’’. 

4 SEC. 374. INAPPLICABILITY OF CONGRESSIONAL NOTIFICA5 TION AND DOLLAR LIMITATION REQUIRE6 MENTS FOR ADVANCE BILLINGS FOR CER7 TAIN BACKGROUND INVESTIGATIONS. 

8 Section 2208(l) of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (4) as para11 graph (5); and 

12 (2) by inserting after paragraph (3) the fol13 lowing new paragraph (4): 

14 ‘‘(4) This subsection shall not apply to advance bill15 ing for background investigation and related services per16 formed by the Defense Counterintelligence and Security 

17 Agency.’’. 

18 SEC. 375. REPEAL OF SUNSET FOR MINIMUM ANNUAL PUR19 CHASE AMOUNT FOR CARRIERS PARTICI20 PATING IN THE CIVIL RESERVE AIR FLEET. 

21 Section 9515 of title 10, United States Code, is 

22 amended by striking subsection (k). 


pbinns on DSKJLVW7X2PROD with BILLS
174 

•S 4049 RS

1 SEC. 376. IMPROVEMENT OF THE OPERATIONAL ENERGY 

2 CAPABILITY IMPROVEMENT FUND OF THE 

3 DEPARTMENT OF DEFENSE. 

4 (a) MANAGEMENT OF THE OPERATIONAL ENERGY

5 CAPABILITY IMPROVEMENT FUND.—The Assistant Sec6 retary of Defense for Sustainment shall exercise authority, 

7 direction, and control over the Operational Energy Capa8 bility Improvement Fund of the Department of Defense 

9 (in this section referred to as the ‘‘OECIF’’). 

10 (b) ALIGNMENT AND COORDINATION WITH RELATED

11 PROGRAMS.— 

12 (1) REALIGNMENT OF OECIF.—Not later than 

13 60 days after the date of the enactment of this Act, 

14 the Secretary of Defense shall realign the OECIF 

15 under the Assistant Secretary of Defense for 

16 Sustainment, with such realignment to include per17 sonnel positions adequate for the mission of the 

18 OECIF. 

19 (2) BETTER COORDINATION WITH RELATED

20 PROGRAMS.—The Assistant Secretary shall ensure 

21 that the placement under the authority of the Assist22 ant Secretary of the OECIF along with the Strategic 

23 Environmental Research Program, the Environ24 mental Security Technology Certification Program, 

25 and the Operational Energy Prototyping Program is 

26 utilized to advance common goals of the DepartVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
175 

•S 4049 RS

1 ment, promote organizational synergies, and avoid 

2 unnecessary duplication of effort. 

3 (c) PROGRAM FOR OPERATIONAL ENERGY PROTO4 TYPING.— 

5 (1) IN GENERAL.—Commencing not later than 

6 90 days after the date of the enactment of this Act, 

7 the Secretary of Defense, through the Assistant Sec8 retary of Defense for Sustainment, shall carry out a 

9 program for the demonstration of technologies re10 lated to operational energy prototyping, including 

11 demonstration of operational energy technology and 

12 validation prototyping. 

13 (2) OPERATION OF PROGRAM.—The Secretary 

14 shall ensure that the program under paragraph (1) 

15 operates in conjunction with the OECIF to promote 

16 the transfer of innovative technologies that have suc17 cessfully established proof of concept for use in pro18 duction or in the field. 

19 (3) PROGRAM ELEMENTS.—In carrying out the 

20 program under paragraph (1) the Secretary shall— 

21 (A) identify and demonstrate the most 

22 promising, innovative, and cost-effective tech23 nologies and methods that address high-priority 

24 operational energy requirements of the Depart25 ment of Defense; 


pbinns on DSKJLVW7X2PROD with BILLS
176 

•S 4049 RS

1 (B) in conducting demonstrations under 

2 subparagraph (A), the Secretary shall— 

3 (i) collect cost and performance data 

4 to overcome barriers against employing an 

5 innovative technology because of concerns 

6 regarding technical or programmatic risk; 

7 and 

8 (ii) ensure that components of the De9 partment have time to establish new re10 quirements where necessary and plan, pro11 gram, and budget for technology transition 

12 to programs of record; 

13 (C) utilize project structures similar to 

14 those of the OECIF to ensure transparency and 

15 accountability throughout the efforts conducted 

16 under the program; and 

17 (D) give priority, in conjunction with the 

18 OECIF, to the development and fielding of 

19 clean technologies that reduce reliance on fossil 

20 fuels. 

21 (4) TOOL FOR ACCOUNTABILITY AND TRANSI22 TION.— 

23 (A) IN GENERAL.—In carrying out the 

24 program under paragraph (1) the Secretary 

25 shall develop and utilize a tool to track relevant 


pbinns on DSKJLVW7X2PROD with BILLS
177 

•S 4049 RS

1 investments in operational energy from applied 

2 research to transition to use to ensure user or3 ganizations have the full picture of technology 

4 maturation and development. 

5 (B) TRANSITION.—The tool developed and 

6 utilized under subparagraph (A) shall be de7 signed to overcome transition challenges with 

8 rigorous and well-documented demonstrations 

9 that provide the information needed by all 

10 stakeholders for acceptance of the technology. 

11 (5) LOCATIONS.— 

12 (A) IN GENERAL.—The Secretary shall 

13 carry out the testing and evaluation phase of 

14 the program under paragraph (1) at installa15 tions of the Department of Defense or in con16 junction with exercises conducted by the Joint 

17 Staff, a combatant command, or a military de18 partment. 

19 (B) FORMAL DEMONSTRATIONS.—The Sec20 retary shall carry out any formal demonstra21 tions under the program under paragraph (1) 

22 at installations of the Department or in oper23 ational settings to document and validate im24 proved warfighting performance and cost sav25 ings. 


pbinns on DSKJLVW7X2PROD with BILLS
178 

•S 4049 RS

1 SEC. 377. COMMISSION ON THE NAMING OF ITEMS OF THE 

2 DEPARTMENT OF DEFENSE THAT COMMEMO3 RATE THE CONFEDERATE STATES OF AMER4 ICA OR ANY PERSON WHO SERVED VOLUN5 TARILY WITH THE CONFEDERATE STATES OF 

6 AMERICA. 

7 (a) REMOVAL.—Not later than three years after the 

8 date of the enactment of this Act, the Secretary of Defense 

9 shall implement the plan submitted by the commission de10 scribed in paragraph (b) and remove all names, symbols, 

11 displays, monuments, and paraphernalia that honor or 

12 commemorate the Confederate States of America (com13 monly referred to as the ‘‘Confederacy’’) or any person 

14 who served voluntarily with the Confederate States of 

15 America from all assets of the Department of Defense. 

16 (b) IN GENERAL.—The Secretary of Defense shall es17 tablish a commission relating to assigning, modifying, or 

18 removing of names, symbols, displays, monuments, and 

19 paraphernalia to assets of the Department of Defense that 

20 commemorate the Confederate States of America or any 

21 person who served voluntarily with the Confederate States 

22 of America. 

23 (c) DUTIES.—The Commission shall— 

24 (1) assess the cost of renaming or removing 

25 names, symbols, displays, monuments, or para26 phernalia that commemorate the Confederate States 


pbinns on DSKJLVW7X2PROD with BILLS
179 

•S 4049 RS

1 of America or any person who served voluntarily 

2 with the Confederate States of America; 

3 (2) develop procedures and criteria to assess 

4 whether an existing name, symbol, monument, dis5 play, or paraphernalia commemorates the Confed6 erate States of America or person who served volun7 tarily with the Confederate States of America; 

8 (3) recommend procedures for renaming assets 

9 of the Department of Defense to prevent commemo10 ration of the Confederate States of America or any 

11 person who served voluntarily with the Confederate 

12 States of America; 

13 (4) develop a plan to remove names, symbols, 

14 displays, monuments, or paraphernalia that com15 memorate the Confederate States of America or any 

16 person who served voluntarily with the Confederate 

17 States of America from assets of the Department of 

18 Defense, within the timeline established by this Act; 

19 and 

20 (5) include in the plan procedures and criteria 

21 for collecting and incorporating local sensitivities as22 sociated with naming or renaming of assets of the 

23 Department of Defense. 

24 (d) MEMBERSHIP.—The Commission shall be com25 posed of eight members, of whom— 


pbinns on DSKJLVW7X2PROD with BILLS
180 

•S 4049 RS

1 (1) four shall be appointed by the Secretary of 

2 Defense; 

3 (2) one shall be appointed by the Chairman of 

4 the Committee on Armed Services of the Senate; 

5 (3) one shall be appointed by the Ranking 

6 Member of the Committee on Armed Services of the 

7 Senate; 

8 (4) one shall be appointed by the Chairman of 

9 the Committee on Armed Services of the House of 

10 Representatives; and 

11 (5) one shall be appointed by the Ranking 

12 Member of the Committee on Armed Services of the 

13 House of Representatives. 

14 (e) APPOINTMENT.—Members of the Commission 

15 shall be appointed not later than 45 days after the date 

16 of the enactment of this Act. 

17 (f) INITIAL MEETING.—The Commission shall hold 

18 its initial meeting on the date that is 60 days after the 

19 enactment of this Act. 

20 (g) BRIEFINGS AND REPORTS.—Not later than Octo21 ber 1, 2021, the Commission shall brief the Committees 

22 on Armed Services of the Senate and House of Represent23 atives detailing the progress of the requirements under 

24 subsection (c). Not later than October 1, 2022, and not 

25 later than 90 days before the implementation of the plan 


pbinns on DSKJLVW7X2PROD with BILLS
181 

•S 4049 RS

1 in subsection (c)(4), the Commission shall present a brief2 ing and written report detailing the results of the require3 ments under subsection (c), including: 

4 (1) A list of assets to be removed or renamed. 

5 (2) Costs associated with the removal or renam6 ing of assets in subsection (g)(1). 

7 (3) Criteria and requirements used to nominate 

8 and rename assets in subsection (g)(1). 

9 (4) Methods of collecting and incorporating 

10 local sensitivities associated with the removal or re11 naming of assets in subsection (g)(1). 

12 (h) FUNDING.— 

13 (1) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated $2,000,000 

15 to carry out this section. 

16 (2) OFFSET.—The amount authorized to be ap17 propriated by the Act for fiscal year 2021 for Oper18 ations and Maintenance, Army, sub activity group 

19 434 - other personnel support is hereby reduced by 

20 $2,000,000. 

21 (i) ASSETS DEFINED.—In this section, the term ‘‘as22 sets’’ includes any base, installation, street, building, facil23 ity, aircraft, ship, plane, weapon, equipment, or any other 

24 property owned or controlled by the Department of De25 fense. 


pbinns on DSKJLVW7X2PROD with BILLS
182 

•S 4049 RS

1 (j) EXEMPTION FOR GRAVE MARKERS.—Shall not 

2 cover monuments but shall exempt grave markers. Con3 gress expects the commission to further define what con4 stitutes a grave marker. 

5 SEC. 378. MODIFICATIONS TO REVIEW OF PROPOSED AC6 TIONS BY MILITARY AVIATION AND INSTAL7 LATION ASSURANCE CLEARINGHOUSE. 

8 Section 183a(c)(2) of title 10, United States Code, 

9 is amended— 

10 (1) by striking ‘‘If the Clearinghouse’’ and in11 serting ‘‘(A) If the Clearinghouse’’; and 

12 (2) by adding at the end the following new sub13 paragraphs: 

14 ‘‘(B) After the Clearinghouse issues a notice 

15 under subparagraph (A) with respect to an energy 

16 project, the parties should seek to identify feasible 

17 and affordable actions that can be taken by the De18 partment, the developer of such energy project, or 

19 others to mitigate any adverse impact on military 

20 operations and readiness. 

21 ‘‘(C) If the Secretary determines within a rea22 sonable period of time after the issuance of a notice 

23 under subparagraph (A) with respect to an energy 

24 project that the concerns identified in the prelimi25 nary review conducted under paragraph (1) with reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
183 

•S 4049 RS

1 spect to such project have been mitigated to the ex2 tent that such project does not pose an unacceptable 

3 level of risk to military operations and readiness, the 

4 Clearinghouse shall timely issue a mission compat5 ibility letter to the applicant of such project, the gov6 ernor of the State in which such project is located, 

7 and the Secretary of the finding of the Clearing8 house.’’. 

9 SEC. 379. ADJUSTMENT IN AVAILABILITY OF APPROPRIA10 TIONS FOR UNUSUAL COST OVERRUNS AND 

11 FOR CHANGES IN SCOPE OF WORK. 

12 Section 8683 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(c) TREATMENT OF AMOUNTS APPROPRIATED

16 AFTER END OF PERIOD OF OBLIGATION.—In the applica17 tion of section 1553(c) of title 31 to funds appropriated 

18 in the Operation and Maintenance, Navy account that are 

19 available for ship overhaul, the Secretary of the Navy— 

20 ‘‘(1) may treat the limitation specified in para21 graph (1) of such section to be ‘$10,000,000’ rather 

22 than ‘$4,000,000’; and 

23 ‘‘(2) may treat the limitation specified in para24 graph (2) of such section to be ‘$30,000,000’ rather 

25 than ‘$25,000,000’.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
184 

•S 4049 RS

1 SEC. 380. REQUIREMENT THAT SECRETARY OF DEFENSE 

2 IMPLEMENT SECURITY AND EMERGENCY RE3 SPONSE RECOMMENDATIONS RELATING TO 

4 ACTIVE SHOOTER OR TERRORIST ATTACKS 

5 ON INSTALLATIONS OF DEPARTMENT OF DE6 FENSE. 

7 (a) REQUIREMENT.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary of Defense 

9 shall implement the applicable security and emergency re10 sponse recommendations relating to active shooter or ter11 rorist attacks on installations of the Department of De12 fense made in the following reports: 

13 (1) The report by the Government Account14 ability Office dated July 2015 entitled, ‘‘Insider 

15 Threats: DOD Should Improve Information Sharing 

16 and Oversight to Protect U.S. Installations’’ (GAO17 15-543). 

18 (2) The report prepared by the Department of 

19 the Navy relating to the Washington Navy Yard 

20 shooting in 2013. 

21 (3) The report by the Department of the Army 

22 dated August 2010 entitled ‘‘Fort Hood, Army In23 ternal Review Team: Final Report’’. 

24 (4) The independent review by the Department 

25 of Defense dated January 2010 entitled ‘‘Protecting 

26 the Force: Lessons from Fort Hood’’. 


pbinns on DSKJLVW7X2PROD with BILLS
185 

•S 4049 RS

1 (5) The report by the Department of the Air 

2 Force dated October 2010 entitled ‘‘Air Force Fol3 low-On Review: Protecting the Force: Lessons from 

4 Fort Hood’’. 

5 (b) NOTIFICATION OF INAPPLICABLE RECOMMENDA6 TIONS.— 

7 (1) IN GENERAL.—If the Secretary determines 

8 that a recommendation described in subsection (a) is 

9 outdated, is no longer applicable, or has been super10 seded by more recent separate guidance or rec11 ommendations set forth by the Government Account12 ability Office, the Department of Defense, or an13 other entity in related contracted review, the Sec14 retary shall notify the Committees on Armed Serv15 ices of the Senate and the House of Representatives 

16 not later than 45 days after the date of the enact17 ment of this Act. 

18 (2) IDENTIFICATION AND JUSTIFICATION.—The 

19 notification under paragraph (1) shall include an 

20 identification, set forth by report specified in sub21 section (a), of each recommendation that the Sec22 retary determines should not be implemented, with 

23 a justification for each such determination. 


pbinns on DSKJLVW7X2PROD with BILLS
186 

•S 4049 RS

1 SEC. 381. CLARIFICATION OF FOOD INGREDIENT REQUIRE2 MENTS FOR FOOD OR BEVERAGES PROVIDED 

3 BY THE DEPARTMENT OF DEFENSE. 

4 (a) IN GENERAL.—Before making any final rule, 

5 statement, or determination regarding the limitation or 

6 prohibition of any food or beverage ingredient in military 

7 food service, military medical foods, commissary food, or 

8 commissary food service, the Secretary of Defense shall 

9 publish in the Federal Register a notice of a preliminary 

10 rule, statement, or determination (in this section referred 

11 to as a ‘‘proposed action’’) and provide opportunity for 

12 public comment. 

13 (b) MATTERS TO BE INCLUDED.—The Secretary 

14 shall include in any notice published under subsection (a) 

15 the following: 

16 (1) The date of the notice. 

17 (2) Contact information for the appropriate of18 fice at the Department of Defense. 

19 (3) A summary of the notice. 

20 (4) A date for comments to be submitted and 

21 specific methods for submitting comments. 

22 (5) A description of the substance of the pro23 posed action. 

24 (6) Findings and a statement of reasons sup25 porting the proposed action. 


pbinns on DSKJLVW7X2PROD with BILLS
187 

•S 4049 RS

1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2021, as follows: 

7 (1) The Army, 485,000. 

8 (2) The Navy, 346,730. 

9 (3) The Marine Corps, 180,000. 

10 (4) The Air Force, 333,475. 

11 SEC. 402. END STRENGTH LEVEL MATTERS. 

12 (a) STRENGTH LEVELS TO SUPPORT TWO MAJOR

13 REGIONAL CONTINGENCIES.— 

14 (1) IN GENERAL.—Section 691 of title 10, 

15 United States Code, is repealed. 

16 (2) TABLE OF SECTIONS.—The table of sections 

17 at the beginning of chapter 39 of such title is 

18 amended by striking the item relating to section 

19 691. 

20 (b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE

21 STRENGTHS.—Section 115 of such title is amended— 

22 (1) in subsection (f)(1), by striking ‘‘increase’’ 

23 and inserting ‘‘vary’’; and 

24 (2) in subsection (g)(1)(A), by striking ‘‘in25 crease’’ and inserting ‘‘vary’’. 


pbinns on DSKJLVW7X2PROD with BILLS
188 

•S 4049 RS

1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2021, as follows: 

6 (1) The Army National Guard of the United 

7 States, 336,500. 

8 (2) The Army Reserve, 189,800. 

9 (3) The Navy Reserve, 58,800. 

10 (4) The Marine Corps Reserve, 38,500. 

11 (5) The Air National Guard of the United 

12 States, 108,100. 

13 (6) The Air Force Reserve, 70,300. 

14 (7) The Coast Guard Reserve, 7,000. 

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 

21 such component which are on active duty (other 

22 than for training) at the end of the fiscal year; and 

23 (2) the total number of individual members not 

24 in units organized to serve as units of the Selected 

25 Reserve of such component who are on active duty 


pbinns on DSKJLVW7X2PROD with BILLS
189 

•S 4049 RS

1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end 

3 of the fiscal year. 

4 (c) END STRENGTH INCREASES.—Whenever units or 

5 individual members of the Selected Reserve of any reserve 

6 component are released from active duty during any fiscal 

7 year, the end strength prescribed for such fiscal year for 

8 the Selected Reserve of such reserve component shall be 

9 increased proportionately by the total authorized strengths 

10 of such units and by the total number of such individual 

11 members. 

12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

13 DUTY IN SUPPORT OF THE RESERVES. 

14 Within the end strengths prescribed in section 

15 411(a), the reserve components of the Armed Forces are 

16 authorized, as of September 30, 2021, the following num17 ber of Reserves to be serving on full-time active duty or 

18 full-time duty, in the case of members of the National 

19 Guard, for the purpose of organizing, administering, re20 cruiting, instructing, or training the reserve components: 

21 (1) The Army National Guard of the United 

22 States, 30,595. 

23 (2) The Army Reserve, 16,511. 

24 (3) The Navy Reserve, 10,215. 

25 (4) The Marine Corps Reserve, 2,386. 


pbinns on DSKJLVW7X2PROD with BILLS
190 

•S 4049 RS

1 (5) The Air National Guard of the United 

2 States, 25,333. 

3 (6) The Air Force Reserve, 5,256. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 (a) IN GENERAL.—The authorized number of mili7 tary technicians (dual status) as of the last day of fiscal 

8 year 2021 for the reserve components of the Army and 

9 the Air Force (notwithstanding section 129 of title 10, 

10 United States Code) shall be the following: 

11 (1) For the Army National Guard of the United 

12 States, 22,294. 

13 (2) For the Army Reserve, 6,492. 

14 (3) For the Air National Guard of the United 

15 States, 10,994. 

16 (4) For the Air Force Reserve, 7,947. 

17 (b) LIMITATION.—Under no circumstances may a 

18 military technician (dual status) employed under the au19 thority of this section be coerced by a State into accepting 

20 an offer of realignment or conversion to any other military 

21 status, including as a member of the Active, Guard, and 

22 Reserve program of a reserve component. If a military 

23 technician (dual status) declines to participate in such re24 alignment or conversion, no further action will be taken 

25 against the individual or the individual’s position. 


pbinns on DSKJLVW7X2PROD with BILLS
191 

•S 4049 RS

1 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2021, the maximum number of 

5 members of the reserve components of the Armed Forces 

6 who may be serving at any time on full-time operational 

7 support duty under section 115(b) of title 10, United 

8 States Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF 

18 MINIMUM END STRENGTHS FOR NON-TEM19 PORARY MILITARY TECHNICIANS (DUAL STA20 TUS) AND MAXIMUM END STRENGTHS FOR 

21 TEMPORARY MILITARY TECHNICIANS (DUAL 

22 STATUS). 

23 (a) IN GENERAL.—Section 115(d) of title 10, United 

24 States Code, is amended— 

25 (1) in the first sentence, by striking ‘‘the end 

26 strength for military technicians (dual status)’’ and 


pbinns on DSKJLVW7X2PROD with BILLS
192 

•S 4049 RS

1 inserting ‘‘both the minimum end strength for non2 temporary military technicians (dual status) and the 

3 maximum end strength for temporary military tech4 nicians (dual status)’’; and 

5 (2) in the third sentence, by striking ‘‘the end 

6 strength requested for military technicians (dual sta7 tus)’’ and inserting ‘‘the minimum end strength for 

8 non-temporary military technicians (dual status), 

9 and the maximum end strength for temporary mili10 tary technicians (dual status), requested’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on the day after the date 

13 of the enactment of this Act. The amendment made by 

14 subsection (a)(2) shall apply with respect to budgets sub15 mitted by the President to Congress under section 1105 

16 of title 31, United States Code, after such effective date. 

17 Subtitle C—Authorization of 

18 Appropriations 

19 SEC. 421. MILITARY PERSONNEL. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

21 are hereby authorized to be appropriated for fiscal year 

22 2021 for the use of the Armed Forces and other activities 

23 and agencies of the Department of Defense for expenses, 

24 not otherwise provided for, for military personnel, as spec25 ified in the funding table in section 4401. 


pbinns on DSKJLVW7X2PROD with BILLS
193 

•S 4049 RS

1 (b) CONSTRUCTION OF AUTHORIZATION.—The au2 thorization of appropriations in subsection (a) supersedes 

3 any other authorization of appropriations (definite or in4 definite) for such purpose for fiscal year 2021. 

5 TITLE V—MILITARY PERSONNEL 

6 POLICY 

7 Subtitle A—Officer Personnel 

8 Policy 

9 SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AU10 THORIZED STRENGTHS OF CERTAIN COMMIS11 SIONED OFFICERS ON ACTIVE DUTY. 

12 Effective as of October 1, 2021, the text of section 

13 523 of title 10, United States Code, is amended to read 

14 as follows: 

15 ‘‘The total number of commissioned officers serving 

16 on active duty in the Army, Air Force, or Marine Corps 

17 in each of the grades of major, lieutenant colonel, or colo18 nel, or in the Navy in each of the grades of lieutenant 

19 commander, commander, or captain, at the end of any fis20 cal year shall be as specifically authorized by Act of Con21 gress for such fiscal year.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
194 

•S 4049 RS

1 SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF 

2 ENHANCED CONSTRUCTIVE SERVICE CREDIT 

3 IN A PARTICULAR CAREER FIELD UPON 

4 ORIGINAL APPOINTMENT AS A COMMIS5 SIONED OFFICER. 

6 (a) REGULAR OFFICERS.—Subparagraph (D) of sec7 tion 533(b)(1) of title 10, United States Code, is amended 

8 to read as follows: 

9 ‘‘(D) Additional credit as follows: 

10 ‘‘(i) For special training or experience in a 

11 particular officer field as designated by the Sec12 retary concerned, if such training or experience 

13 is directly related to the operational needs of 

14 the armed force concerned. 

15 ‘‘(ii) During fiscal years 2021 through 

16 2025, for advanced education in an officer field 

17 so designated, if such education is directly re18 lated to the operational needs of the armed 

19 force concerned.’’. 

20 (b) RESERVE OFFICERS.—Section 12207(b)(1) of 

21 such title is amended— 

22 (1) in the matter preceding subparagraph (A), 

23 ‘‘or a designation in’’ and all that follows through 

24 ‘‘education or training,’’ and inserting ‘‘and who has 

25 special training or experience, or advanced education 

26 (if applicable),’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
195 

•S 4049 RS

1 (2) by striking subparagraph (D) and inserting 

2 the following new subparagraph: 

3 ‘‘(D) Additional credit as follows: 

4 ‘‘(i) For special training or experience in a 

5 particular officer field as designated by the Sec6 retary concerned, if such training or experience 

7 is directly related to the operational needs of 

8 the armed force concerned. 

9 ‘‘(ii) During fiscal years 2021 through 

10 2025, for advanced education in an officer field 

11 so designated, if such education is directly re12 lated to the operational needs of the armed 

13 force concerned.’’. 

14 (c) ANNUAL REPORT.— 

15 (1) IN GENERAL.—Not later than February 1, 

16 2022, and every four years thereafter, each Sec17 retary of a military department shall submit to the 

18 Committees on Armed Services of the Senate and 

19 the House of Representatives a report on the use of 

20 the authorities in subparagraph (D) of section 

21 553(b)(1) of title 10, United States Code (as amend22 ed by subsection (a)), and subparagraph (D) of sec23 tion 12207(b)(1) of such title (as amended by sub24 section (b)) (each referred to in this subsection as a 

25 ‘‘constructive credit authority’’) during the preceding 


pbinns on DSKJLVW7X2PROD with BILLS
196 

•S 4049 RS

1 fiscal year for the Armed Forces under the jurisdic2 tion of such Secretary. 

3 (2) ELEMENTS.—Each report under paragraph 

4 (1) shall include, for the fiscal year and Armed 

5 Forces covered by such report, the following: 

6 (A) The manner in which constructive 

7 service credit was calculated under each con8 structive credit authority. 

9 (B) The number of officers credited con10 structive service credit under each constructive 

11 credit authority. 

12 (C) A description and assessment of the 

13 utility of the constructive credit authorities in 

14 meeting the operational needs of the Armed 

15 Force concerned. 

16 (D) Such other matters in connection with 

17 the constructive credit authorities as the Sec18 retary of the military department concerned 

19 considers appropriate. 

20 SEC. 503. REQUIREMENT FOR PROMOTION SELECTION 

21 BOARD RECOMMENDATION OF HIGHER 

22 PLACEMENT ON PROMOTION LIST OF OFFI23 CERS OF PARTICULAR MERIT. 

24 (a) IN GENERAL.—Section 616(g) of title 10, United 

25 States Code, is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
197 

•S 4049 RS

1 (1) in paragraph (1)— 

2 (A) by striking ‘‘may’’ and inserting 

3 ‘‘shall’’; and 

4 (B) by inserting ‘‘, pursuant to guidelines 

5 and procedures prescribed by the Secretary,’’ 

6 after ‘‘officers of particular merit’’; and 

7 (2) in paragraph (3), by inserting ‘‘, pursuant 

8 to guidelines and procedures prescribed by the Sec9 retary concerned,’’ after ‘‘shall recommend’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the date of the enact12 ment of this Act, and shall apply with respect to officers 

13 recommended for promotion by promotion selection boards 

14 convened on or after that date. 

15 SEC. 504. SPECIAL SELECTION REVIEW BOARDS FOR RE16 VIEW OF PROMOTION OF OFFICERS SUBJECT 

17 TO ADVERSE INFORMATION IDENTIFIED 

18 AFTER RECOMMENDATION FOR PROMOTION 

19 AND RELATED MATTERS. 

20 (a) REGULAR OFFICERS.— 

21 (1) IN GENERAL.—Subchapter III of chapter 

22 36 of title 10, United States Code, is amended by 

23 inserting after section 628 the following new section: 


pbinns on DSKJLVW7X2PROD with BILLS
198 

•S 4049 RS

1 ‘‘§ 628a. Special selection review boards 

2 ‘‘(a) IN GENERAL.—(1) If the Secretary of the mili3 tary department concerned determines that a person rec4 ommended by a promotion board for promotion to a grade 

5 at or below the grade of major general, rear admiral in 

6 the Navy, or an equivalent grade in the Space Force is 

7 the subject of credible information of an adverse nature, 

8 including any substantiated adverse finding or conclusion 

9 described in section 615(a)(3)(A) of this title, that was 

10 not furnished to the promotion board during its consider11 ation of the person for promotion as otherwise required 

12 by such section, the Secretary shall convene a special se13 lection review board under this section to review the per14 son and recommend whether the recommendation for pro15 motion of the person should be sustained. 

16 ‘‘(2) If a person and the recommendation for pro17 motion of the person is subject to review under this section 

18 by a special selection review board convened under this 

19 section, the name of the person— 

20 ‘‘(A) shall not be disseminated or publicly re21 leased on the list of officers recommended for pro22 motion by the promotion board recommending the 

23 promotion of the person; and 

24 ‘‘(B) shall not be forwarded to the Secretary of 

25 Defense, the President, or the Senate, as applicable, 


pbinns on DSKJLVW7X2PROD with BILLS
199 

•S 4049 RS

1 or included on a promotion list under section 624(a) 

2 of this title. 

3 ‘‘(b) CONVENING.—(1) Any special selection review 

4 board convened under this section shall be convened in ac5 cordance with the provisions of section 628(f) of this title. 

6 ‘‘(2) Any special selection review board convened 

7 under this section may review such number of persons, 

8 and recommendations for promotion of such persons, as 

9 the Secretary of the military department concerned shall 

10 specify in convening such special selection review board. 

11 ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing 

12 a person and recommending whether the recommendation 

13 for promotion of the person should be sustained under this 

14 section, a special selection review board convened under 

15 this section shall be furnished and consider the following: 

16 ‘‘(A) The record and information concerning 

17 the person furnished in accordance with section 

18 615(a)(2) of this title to the promotion board that 

19 recommended the person for promotion. 

20 ‘‘(B) Any credible information of an adverse na21 ture on the person, including any substantiated ad22 verse finding or conclusion from an officially docu23 mented investigation or inquiry described in section 

24 615(a)(3)(A) of this title. 


pbinns on DSKJLVW7X2PROD with BILLS
200 

•S 4049 RS

1 ‘‘(2) The furnishing of information to a special selec2 tion review board under paragraph (1)(B) shall be gov3 erned by the standards and procedures referred to in para4 graph (3)(C) of section 615(a) of this title applicable to 

5 the furnishing of information described in paragraph 

6 (3)(A) of such section to selection boards in accordance 

7 with that section. 

8 ‘‘(3)(A) Before information on a person described in 

9 paragraph (1)(B) is furnished to a special selection review 

10 board for purposes of this section, the Secretary of the 

11 military department concerned shall ensure that— 

12 ‘‘(i) such information is made available to the 

13 person; and 

14 ‘‘(ii) subject to subparagraphs (C) and (D), the 

15 person is afforded a reasonable opportunity to sub16 mit comments on such information to the special se17 lection review board before its review of the person 

18 and the recommendation for promotion of the person 

19 under this section. 

20 ‘‘(B) If information on a person described in para21 graph (1)(B) is not made available to the person as other22 wise required by subparagraph (A)(i) due to the classifica23 tion status of such information, the person shall, to the 

24 maximum extent practicable, be furnished a summary of 


pbinns on DSKJLVW7X2PROD with BILLS
201 

•S 4049 RS

1 such information appropriate to the person’s authorization 

2 for access to classified information. 

3 ‘‘(C)(i) An opportunity to submit comments on infor4 mation is not required for a person under subparagraph 

5 (A)(ii) if— 

6 ‘‘(I) such information was made available to the 

7 person in connection with the furnishing of such in8 formation under section 615(a) of this title to the 

9 promotion board that recommended the promotion of 

10 the person subject to review under this section; and 

11 ‘‘(II) the person submitted comments on such 

12 information to that promotion board. 

13 ‘‘(ii) The comments on information of a person de14 scribed in clause (i)(II) shall be furnished to the special 

15 selection review board. 

16 ‘‘(D) A person may waive either or both of the fol17 lowing: 

18 ‘‘(i) The right to submit comments to a special 

19 selection review board under subparagraph (A)(ii). 

20 ‘‘(ii) The furnishing of comments to a special 

21 selection review board under subparagraph (C)(ii). 

22 ‘‘(d) CONSIDERATION.—(1) In considering the record 

23 and information on a person under this section, the special 

24 selection review board shall compare such record and in25 formation with an appropriate sampling of the records of 


pbinns on DSKJLVW7X2PROD with BILLS
202 

•S 4049 RS

1 those officers of the same competitive category who were 

2 recommended for promotion by the promotion board that 

3 recommended the person for promotion, and an appro4 priate sampling of the records of those officers who were 

5 considered by and not recommended for promotion by that 

6 promotion board. 

7 ‘‘(2) Records and information shall be presented to 

8 a special selection review board for purposes of paragraph 

9 (1) in a manner that does not indicate or disclose the per10 son or persons for whom the special selection review board 

11 was convened. 

12 ‘‘(3) In considering whether the recommendation for 

13 promotion of a person should be sustained under this sec14 tion, a special selection review board shall, to the greatest 

15 extent practicable, apply standards used by the promotion 

16 board that recommended the person for promotion. 

17 ‘‘(4) The recommendation for promotion of a person 

18 may be sustained under this section only if the special se19 lection review board determines that the person— 

20 ‘‘(A) ranks on an order of merit created by the 

21 special selection review board as better qualified for 

22 promotion than the sample officer highest on the 

23 order of merit list who was considered by and not 

24 recommended for promotion by the promotion board 

25 concerned; and 


pbinns on DSKJLVW7X2PROD with BILLS
203 

•S 4049 RS

1 ‘‘(B) is comparable in qualification for pro2 motion to those sample officers who were rec3 ommended for promotion by that promotion board. 

4 ‘‘(5) A recommendation for promotion of a person 

5 may be sustained under this section only by a vote of a 

6 majority of the members of the special selection review 

7 board. 

8 ‘‘(6) If a special selection review board does not sus9 tain a recommendation for promotion of a person under 

10 this section, the person shall be considered to have failed 

11 of selection for promotion. 

12 ‘‘(e) REPORTS.—(1) Each special selection review 

13 board convened under this section shall submit to the Sec14 retary of the military department concerned a written re15 port, signed by each member of the board, containing the 

16 name of each person whose recommendation for promotion 

17 it recommends for sustainment and certifying that the 

18 board has carefully considered the record and information 

19 of each person whose name was referred to it. 

20 ‘‘(2) The provisions of sections 617(b) and 618 of 

21 this title apply to the report and proceedings of a special 

22 selection review board convened under this section in the 

23 same manner as they apply to the report and proceedings 

24 of a promotion board convened under section 611(a) of 

25 this title. 


pbinns on DSKJLVW7X2PROD with BILLS
204 

•S 4049 RS

1 ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report 

2 of a special selection review board convened under this sec3 tion recommends the sustainment of the recommendation 

4 for promotion to the next higher grade of a person whose 

5 name was referred to it for review under this section, and 

6 the President approves the report, the person shall, as 

7 soon as practicable, be appointed to that grade in accord8 ance with subsections (b) and (c) of section 624 of this 

9 title. 

10 ‘‘(2) A person who is appointed to the next higher 

11 grade as described in paragraph (1) shall, upon that ap12 pointment, have the same date of rank, the same effective 

13 date for the pay and allowances of that grade, and the 

14 same position on the active-duty list as the person would 

15 have had pursuant to the original recommendation for 

16 promotion of the promotion board concerned. 

17 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense 

18 shall prescribe regulations to carry out this section. Such 

19 regulations shall apply uniformly across the military de20 partments. 

21 ‘‘(2) Any regulation prescribed by the Secretary of 

22 a military department to supplement the regulations pre23 scribed pursuant to paragraph (1) may not take effect 

24 without the approval of the Secretary of Defense, in writ25 ing. 


pbinns on DSKJLVW7X2PROD with BILLS
205 

•S 4049 RS

1 ‘‘(h) PROMOTION BOARD DEFINED.—In this section, 

2 the term ‘promotion board ’means a selection board con3 vened by the Secretary of a military department under sec4 tion 611(a) of this title.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of subchapter III of chapter 

7 36 of such title is amended by inserting after the 

8 item relating to section 628 the following new item: 

‘‘628a. Special selection review boards.’’. 

9 (3) DELAY IN PROMOTION.—Section 624(d) of 

10 such title is amended— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (D), by striking 

13 ‘‘or’’ at the end; 

14 (ii) in subparagraph (E), by striking 

15 the period at the end and inserting ‘‘; or’’; 

16 and 

17 (iii) by inserting after subparagraph 

18 (E) the following new subparagraph (F): 

19 ‘‘(F) the Secretary of the military department 

20 concerned determines that credible information of an 

21 adverse nature, including a substantiated adverse 

22 finding or conclusion described in section 

23 615(a)(3)(A) of this title, with respect to the officer 

24 will result in the convening of a special selection re25 view board under section 628a of this title to review 


pbinns on DSKJLVW7X2PROD with BILLS
206 

•S 4049 RS

1 the officer and recommend whether the rec2 ommendation for promotion of the officer should be 

3 sustained.’’; 

4 (B) by redesignating paragraphs (3) and 

5 (4) as paragraphs (4) and (5), respectively; 

6 (C) by inserting after paragraph (2) the 

7 following new paragraph (3): 

8 ‘‘(3) In the case of an officer whose promotion is de9 layed pursuant to paragraph (1)(F) and whose rec10 ommendation for promotion is sustained, authorities for 

11 the promotion of the officer are specified in section 

12 628a(f) of this title.’’; and 

13 (D) in paragraph (4), as redesignated by 

14 subparagraph (B)— 

15 (i) by striking ‘‘The appointment’’ 

16 and inserting ‘‘(A) Except as provided in 

17 subparagraph (B), the appointment’’; and 

18 (ii) by adding at the end the following 

19 new subparagraph: 

20 ‘‘(B) In the case of an officer whose promotion is de21 layed pursuant to paragraph (1)(F), requirements applica22 ble to notice and opportunity for response to such delay 

23 are specified in section 628a(c)(3) of this title.’’. 

24 (b) RESERVE OFFICERS.— 


pbinns on DSKJLVW7X2PROD with BILLS
207 

•S 4049 RS

1 (1) IN GENERAL.—Chapter 1407 of title 10, 

2 United States Code, is amended by inserting after 

3 section 14502 the following new section: 

4 ‘‘§ 14502a. Special selection review boards 

5 ‘‘(a) IN GENERAL.—(1) If the Secretary of the mili6 tary department concerned determines that a person rec7 ommended by a promotion board for promotion to a grade 

8 at or below the grade of major general or rear admiral 

9 in the Navy is the subject of credible information of an 

10 adverse nature, including any substantiated adverse find11 ing or conclusion described in section 14107(a)(3)(A) of 

12 this title, that was not furnished to the promotion board 

13 during its consideration of the person for promotion as 

14 otherwise required by such section, the Secretary shall 

15 convene a special selection review board under this section 

16 to review the person and recommend whether the rec17 ommendation for promotion of the person should be sus18 tained. 

19 ‘‘(2) If a person and the recommendation for pro20 motion of the person is subject to review under this section 

21 by a special selection review board convened under this 

22 section, the name of the person— 

23 ‘‘(A) shall not be disseminated or publicly re24 leased on the list of officers recommended for proVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
208 

•S 4049 RS

1 motion by the promotion board recommending the 

2 promotion of the person; and 

3 ‘‘(B) shall not be forwarded to the Secretary of 

4 Defense, the President, or the Senate, as applicable, 

5 or included on a promotion list under section 

6 14308(a) of this title. 

7 ‘‘(b) CONVENING.—(1) Any special selection review 

8 board convened under this section shall be convened in ac9 cordance with the provisions of section 14502(b)(2) of this 

10 title. 

11 ‘‘(2) Any special selection review board convened 

12 under this section may review such number of persons, 

13 and recommendations for promotion of such persons, as 

14 the Secretary of the military department concerned shall 

15 specify in convening such special selection review board. 

16 ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing 

17 a person and recommending whether the recommendation 

18 for promotion of the person should be sustained under this 

19 section, a special selection review board convened under 

20 this section shall be furnished and consider the following: 

21 ‘‘(A) The record and information concerning 

22 the person furnished in accordance with section 

23 14107(a)(2) of this title to the promotion board that 

24 recommended the person for promotion. 


pbinns on DSKJLVW7X2PROD with BILLS
209 

•S 4049 RS

1 ‘‘(B) Any credible information of an adverse na2 ture on the person, including any substantiated ad3 verse finding or conclusion from an officially docu4 mented investigation or inquiry described in section 

5 14107(a)(3)(A) of this title. 

6 ‘‘(2) The furnishing of information to a special selec7 tion review board under paragraph (1)(B) shall be gov8 erned by the standards and procedures referred to in para9 graph (3)(B) of section 14107(a) of this title applicable 

10 to the furnishing of information described in paragraph 

11 (3)(A) of such section to promotion boards in accordance 

12 with that section. 

13 ‘‘(3)(A) Before information on person described in 

14 paragraph (1)(B) is furnished to a special selection review 

15 board for purposes of this section, the Secretary of the 

16 military department concerned shall ensure that— 

17 ‘‘(i) such information is made available to the 

18 person; and 

19 ‘‘(ii) subject to subparagraphs (C) and (D), the 

20 person is afforded a reasonable opportunity to sub21 mit comments on such information to the special se22 lection review board before its review of the person 

23 and the recommendation for promotion of the person 

24 under this section. 


pbinns on DSKJLVW7X2PROD with BILLS
210 

•S 4049 RS

1 ‘‘(B) If information on an officer described in para2 graph (1)(B) is not made available to the person as other3 wise required by subparagraph (A)(i) due to the classifica4 tion status of such information, the person shall, to the 

5 maximum extent practicable, be furnished a summary of 

6 such information appropriate to the person’s authorization 

7 for access to classified information. 

8 ‘‘(C)(i) An opportunity to submit comments on infor9 mation is not required for a person under subparagraph 

10 (A)(ii) if— 

11 ‘‘(I) such information was made available to the 

12 person in connection with the furnishing of such in13 formation under section 14107(a) of this title to the 

14 promotion board that recommended the promotion of 

15 the person subject to review under this section; and 

16 ‘‘(II) the person submitted comments on such 

17 information to that promotion board. 

18 ‘‘(ii) The comments on information of a person de19 scribed in clause (i)(II) shall be furnished to the special 

20 selection review board. 

21 ‘‘(D) A person may waive either or both of the fol22 lowing: 

23 ‘‘(i) The right to submit comments to a special 

24 selection review board under subparagraph (A)(ii). 


pbinns on DSKJLVW7X2PROD with BILLS
211 

•S 4049 RS

1 ‘‘(ii) The furnishing of comments to a special 

2 selection review board under subparagraph (C)(ii). 

3 ‘‘(d) CONSIDERATION.—(1) In considering the record 

4 and information on a person under this section, the special 

5 selection review board shall compare such record and in6 formation with an appropriate sampling of the records of 

7 those officers of the same competitive category who were 

8 recommended for promotion by the promotion board that 

9 recommended the person for promotion, and an appro10 priate sampling of the records of those officers who were 

11 considered by and not recommended for promotion by that 

12 promotion board. 

13 ‘‘(2) Records and information shall be presented to 

14 a special selection review board for purposes of paragraph 

15 (1) in a manner that does not indicate or disclose the per16 son or persons for whom the special selection review board 

17 was convened. 

18 ‘‘(3) In considering whether the recommendation for 

19 promotion of a person should be sustained under this sec20 tion, a special selection review board shall, to the greatest 

21 extent practicable, apply standards used by the promotion 

22 board that recommended the person for promotion. 

23 ‘‘(4) The recommendation for promotion of a person 

24 may be sustained under this section only if the special se25 lection review board determines that the person— 


pbinns on DSKJLVW7X2PROD with BILLS
212 

•S 4049 RS

1 ‘‘(A) ranks on an order of merit created by the 

2 special selection review board as better qualified for 

3 promotion than the sample officer highest on the 

4 order of merit list who was considered by and not 

5 recommended for promotion by the promotion board 

6 concerned; and 

7 ‘‘(B) is comparable in qualification for pro8 motion to those sample officers who were rec9 ommended for promotion by that promotion board. 

10 ‘‘(5) A recommendation for promotion of a person 

11 may be sustained under this section only by a vote of a 

12 majority of the members of the special selection review 

13 board. 

14 ‘‘(6) If a special selection review board does not sus15 tain a recommendation for promotion of a person under 

16 this section, the person shall be considered to have failed 

17 of selection for promotion. 

18 ‘‘(e) REPORTS.—(1) Each special selection review 

19 board convened under this section shall submit to the Sec20 retary of the military department concerned a written re21 port, signed by each member of the board, containing the 

22 name of each person whose recommendation for promotion 

23 it recommends for sustainment and certifying that the 

24 board has carefully considered the record and information 

25 of each person whose name was referred to it. 


pbinns on DSKJLVW7X2PROD with BILLS
213 

•S 4049 RS

1 ‘‘(2) The provisions of sections 14109(c), 14110, and 

2 14111 of this title apply to the report and proceedings 

3 of a special selection review board convened under this sec4 tion in the same manner as they apply to the report and 

5 proceedings of a promotion board convened under section 

6 14101(a) of this title. 

7 ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report 

8 of a special selection review board convened under this sec9 tion recommends the sustainment of the recommendation 

10 for promotion to the next higher grade of a person whose 

11 name was referred to it for review under this section, and 

12 the President approves the report, the person shall, as 

13 soon as practicable, be appointed to that grade in accord14 ance with section 14308 of this title. 

15 ‘‘(2) A person who is appointed to the next higher 

16 grade as described in paragraph (1) shall, upon that ap17 pointment, have the same date of rank, the same effective 

18 date for the pay and allowances of that grade, and the 

19 same position on the reserve active-status list as the per20 son would have had pursuant to the original recommenda21 tion for promotion of the promotion board concerned. 

22 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense 

23 shall prescribe regulations to carry out this section. Such 

24 regulations shall apply uniformly across the military de25 partments. 


pbinns on DSKJLVW7X2PROD with BILLS
214 

•S 4049 RS

1 ‘‘(2) Any regulation prescribed by the Secretary of 

2 a military department to supplement the regulations pre3 scribed pursuant to paragraph (1) may not take effect 

4 without the approval of the Secretary of Defense, in writ5 ing. 

6 ‘‘(h) PROMOTION BOARD DEFINED.—In this section, 

7 the term ‘promotion board ’means a selection board con8 vened by the Secretary of a military department under sec9 tion 14101(a) of this title.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 1407 of such title 

12 is amended by inserting after the item relating to 

13 section 14502 the following new item: 

‘‘14502a. Special selection review boards.’’. 

14 (3) DELAY IN PROMOTION.—Section 14311 of 

15 such title is amended— 

16 (A) in subsection (a)— 

17 (i) in paragraph (1), by adding at the 

18 end the following new subparagraph: 

19 ‘‘(F) The Secretary of the military department 

20 concerned determines that credible information of 

21 adverse nature, including a substantiated adverse 

22 finding or conclusion described in section 

23 14107(a)(3)(A) of this title, with respect to the offi24 cer will result in the convening of a special selection 

25 review board under section 14502a of this title to reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
215 

•S 4049 RS

1 view the officer and recommend whether the rec2 ommendation for promotion of the officer should be 

3 sustained.’’; and 

4 (ii) by adding at the end the following 

5 new paragraph: 

6 ‘‘(2) In the case of an officer whose promotion is de7 layed pursuant to paragraph (1)(F) and whose rec8 ommendation for promotion is sustained, authorities for 

9 the promotion of the officer are specified in section 

10 14502a(f) of this title.’’; and 

11 (B) in subsection (c), by adding at the end 

12 the following new paragraph: 

13 ‘‘(3) Notwithstanding paragraphs (1) and (2), in the 

14 case of an officer whose promotion is delayed pursuant 

15 to subsection (a)(1)(F), requirements applicable to notice 

16 and opportunity for response to such delay are specified 

17 in section 14502a(c)(3) of this title.’’. 

18 (c) REQUIREMENTS FOR FURNISHING ADVERSE IN19 FORMATION ON REGULAR OFFICERS TO PROMOTION SE20 LECTION BOARDS.— 

21 (1) EXTENSION OF REQUIREMENTS TO SPACE

22 FORCE REGULAR OFFICERS.—Subparagraph (B)(i) 

23 of section 615(a)(3) of title 10, United States Code, 

24 is amended by striking ‘‘or, in the case of the Navy, 

25 lieutenant’’ and inserting ‘‘, in the case of the Navy, 


pbinns on DSKJLVW7X2PROD with BILLS
216 

•S 4049 RS

1 lieutenant, or in the case of the Space Force, the 

2 equivalent grade’’. 

3 (2) SATISFACTION OF REQUIREMENTS

4 THROUGH SPECIAL SELECTION REVIEW BOARDS.— 

5 Such section is further amended by adding at the 

6 end the following new subparagraph: 

7 ‘‘(D) With respect to the consideration of an officer 

8 for promotion to a grade at or below major general, in 

9 the case of the Navy, rear admiral, or, in the case of the 

10 Space Force, the equivalent grade, the requirements in 

11 subparagraphs (A) and (C) may be met through the con12 vening and actions of a special selection review board with 

13 respect to the officer under section 628a of this title.’’. 

14 (3) DELAYED APPLICABILITY OF REQUIRE15 MENTS TO BOARDS FOR PROMOTION OF OFFICERS

16 TO NON-GENERAL AND FLAG OFFICER GRADES.— 

17 Subsection (c) of section 502 of the National De18 fense Authorization Act for Fiscal Year 2020 (Pub19 lic Law 116–92) is amended to read as follows: 

20 ‘‘(c) EFFECTIVE DATE AND APPLICABILITY.— 

21 ‘‘(1) EFFECTIVE DATE.—The amendments 

22 made by this section shall take effect on December 

23 20, 2019, and shall, except as provided in paragraph 

24 (2), apply with respect to the proceedings of pro25 motion selection boards convened under section 


pbinns on DSKJLVW7X2PROD with BILLS
217 

•S 4049 RS

1 611(a) of title 10, United States Code, after that 

2 date. 

3 ‘‘(2) DELAYED APPLICABILITY FOR BOARDS

4 FOR PROMOTION TO NON-GENERAL AND FLAG OFFI5 CER GRADES.—The amendments made this section 

6 shall apply with respect to the proceedings of pro7 motion selection boards convened under section 

8 611(a) of title 10, United States Code, for consider9 ation of officers for promotion to a grade below the 

10 grade of brigadier general or, in the case of the 

11 Navy, rear admiral (lower half), only if such boards 

12 are so convened after January 1, 2021.’’. 

13 (d) REQUIREMENTS FOR FURNISHING ADVERSE IN14 FORMATION ON RESERVE OFFICERS TO PROMOTION SE15 LECTION BOARDS.—Section 14107(a)(3) of title 10, 

16 United States Code, is amended— 

17 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

18 (2) in subparagraph (A), as designated by para19 graph (1), by striking ‘‘colonel, or, in the case of the 

20 Navy, captain’’ and inserting ‘‘lieutenant colonel, or, 

21 in the case of the Navy, commander’’; and 

22 (3) by adding at the end the following new sub23 paragraphs 

24 ‘‘(B) The standards and procedures referred to in 

25 subparagraph (A) shall require the furnishing to the selecVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
218 

•S 4049 RS

1 tion board, and to each individual member of the board, 

2 the information described in that subparagraph with re3 gard to an officer in a grade specified in that subpara4 graph at each stage or phase of the selection board, con5 current with the screening, rating, assessment, evaluation, 

6 discussion, or other consideration by the board or member 

7 of the official military personnel file of the officer, or of 

8 the officer. 

9 ‘‘(C) With respect to the consideration of an officer 

10 for promotion to a grade at or below major general or, 

11 in the Navy, rear admiral, the requirements in subpara12 graphs (A) and (B) may be met through the convening 

13 and actions of a special selection board with respect to 

14 the officer under section 14502a of this title.’’. 

15 SEC. 505. NUMBER OF OPPORTUNITIES FOR CONSIDER16 ATION FOR PROMOTION UNDER ALTER17 NATIVE PROMOTION AUTHORITY. 

18 Section 649c of title 10, United States Code, is 

19 amended— 

20 (1) by redesignating subsection (d) as sub21 section (e); and 

22 (2) by inserting after subsection (c) the fol23 lowing new subsection (d): 

24 ‘‘(d) INAPPLICABILITY OF REQUIREMENT RELATING

25 TO OPPORTUNITIES FOR CONSIDERATION FOR PROVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
219 

•S 4049 RS

1 MOTION.—Section 645(1)(A)(i)(I) of this title shall not 

2 apply to the promotion of officers described in subsection 

3 (a) to the extent that such section is inconsistent with a 

4 number of opportunities for promotion specified pursuant 

5 to section 649d of this title.’’. 

6 SEC. 506. MANDATORY RETIREMENT FOR AGE. 

7 (a) GENERAL RULE.—Subsection (a) of section 1251 

8 of title 10, United States Code, is amended— 

9 (1) by inserting ‘‘Space Force,’’ after ‘‘or Ma10 rine Corps,’’; and 

11 (2) by inserting ‘‘or separated, as specified in 

12 subsection (e),’’ after ‘‘shall be retired’’. 

13 (b) DEFERRED RETIREMENT OR SEPARATION OF

14 HEALTH PROFESSIONS OFFICERS.—Subsection (b) of 

15 such section is amended— 

16 (1) in the subsection heading, by inserting ‘‘OR

17 SEPARATION’’ after ‘‘RETIREMENT’’; and 

18 (2) in paragraph (1), by inserting ‘‘or separa19 tion’’ after ‘‘retirement’’. 

20 (c) DEFERRED RETIREMENT OR SEPARATION OF

21 OTHER OFFICERS.—Subsection (c) of such section is 

22 amended— 

23 (1) in the subsection heading, by striking ‘‘OF

24 CHAPLAINS’’ and inserting ‘‘OR SEPARATION OF

25 OTHER OFFICERS’’; 


pbinns on DSKJLVW7X2PROD with BILLS
220 

•S 4049 RS

1 (2) by inserting ‘‘or separation’’ after ‘‘retire2 ment’’; and 

3 (3) by striking ‘‘an officer who is appointed or 

4 designated as a chaplain’’ and inserting ‘‘any officer 

5 other than a health professions officer described in 

6 subsection (b)(2)’’. 

7 (d) RETIREMENT OR SEPARATION BASED ON YEARS

8 OF CREDITABLE SERVICE.—Such section is further 

9 amended by adding at the end the following new sub10 section: 

11 ‘‘(e) RETIREMENT OR SEPARATION BASED ON YEARS

12 OF CREDITABLE SERVICE.—The following rules shall 

13 apply to a regular commissioned officer who is to be re14 tired or separated under subsection (a): 

15 ‘‘(1) If the officer has at least 6 but fewer than 

16 20 years of creditable service, the officer shall be 

17 separated, with separation pay computed under sec18 tion 1174(d)(1) of this title. 

19 ‘‘(2) If the officer has fewer than 6 years of 

20 creditable service, the officer shall be separated 

21 under subsection (a).’’. 

22 SEC. 507. CLARIFYING AND IMPROVING RESTATEMENT OF 

23 RULES ON THE RETIRED GRADE OF COMMIS24 SIONED OFFICERS. 

25 (a) RESTATEMENT.— 


pbinns on DSKJLVW7X2PROD with BILLS
221 

•S 4049 RS

1 (1) IN GENERAL.—Chapter 69 of title 10, 

2 United States Code, is amended by striking section 

3 1370 and inserting the following new sections: 

4 ‘‘§ 1370. Regular commissioned officers 

5 ‘‘(a) RETIREMENT IN HIGHEST GRADE IN WHICH

6 SERVED SATISFACTORILY.— 

7 ‘‘(1) IN GENERAL.—Unless entitled to a dif8 ferent retired grade under some other provision of 

9 law, a commissioned officer (other than a commis10 sioned warrant officer) of the Army, Navy, Air 

11 Force, Marine Corps, or Space Force who retires 

12 under any provision of law other than chapter 61 or 

13 1223 of this title shall be retired in the highest per14 manent grade in which such officer is determined to 

15 have served on active duty satisfactorily. 

16 ‘‘(2) DETERMINATION OF SATISFACTORY SERV17 ICE.—The determination of satisfactory service of an 

18 officer in a grade under paragraph (1) shall be made 

19 as follows: 

20 ‘‘(A) By the Secretary of the military de21 partment concerned, if the officer is serving in 

22 a grade at or below the grade of major general, 

23 rear admiral in the Navy, or the equivalent 

24 grade in the Space Force. 


pbinns on DSKJLVW7X2PROD with BILLS
222 

•S 4049 RS

1 ‘‘(B) By the Secretary of Defense, if the 

2 officer is serving or has served in a grade above 

3 the grade of major general, rear admiral in the 

4 Navy, or the equivalent grade in the Space 

5 Force. 

6 ‘‘(3) EFFECT OF MISCONDUCT IN LOWER

7 GRADE IN DETERMINATION.—If the Secretary of a 

8 military department or the Secretary of Defense, as 

9 applicable, determines that an officer committed 

10 misconduct in a lower grade than the retirement 

11 grade otherwise provided for the officer by this sec12 tion— 

13 ‘‘(A) such Secretary may deem the officer 

14 to have not served satisfactorily in any grade 

15 equal to or higher than such lower grade for 

16 purposes of determining the retirement grade of 

17 the officer under this section; and 

18 ‘‘(B) the grade next lower to such lower 

19 grade shall be the retired grade of the officer 

20 under this section. 

21 ‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE22 SERVE OFFICERS AND OFFICERS IN TEMPORARY

23 GRADES.—A reserve officer, or an officer appointed 

24 to a position under section 601 of this title, who is 

25 notified that the officer will be released from active 


pbinns on DSKJLVW7X2PROD with BILLS
223 

•S 4049 RS

1 duty without the officer’s consent and thereafter re2 quests retirement under section 7311, 8323, or 9311 

3 of this title and is retired pursuant to that request 

4 is considered for purposes of this section to have 

5 been retired involuntarily. 

6 ‘‘(5) NATURE OF RETIREMENT OF CERTAIN RE7 MOVED OFFICERS.—An officer retired pursuant to 

8 section 1186(b)(1) of this title is considered for pur9 poses of this section to have been retired voluntarily. 

10 ‘‘(b) RETIREMENT OF OFFICERS RETIRING VOLUN11 TARILY.— 

12 ‘‘(1) SERVICE-IN-GRADE REQUIREMENT.—In 

13 order to be eligible for voluntary retirement under 

14 any provision of this title in a grade above the grade 

15 of captain in the Army, Air Force, or Marine Corps, 

16 lieutenant in the Navy, or the equivalent grade in 

17 the Space Force, a commissioned officer of the 

18 Army, Navy, Air Force, Marine Corps, or Space 

19 Force must have served on active duty in that grade 

20 for a period of not less than three years, except 

21 that— 

22 ‘‘(A) subject to subsection (c), the Sec23 retary of Defense may reduce such period to a 

24 period of not less than two years for any offi25 cer; and 


pbinns on DSKJLVW7X2PROD with BILLS
224 

•S 4049 RS

1 ‘‘(B) in the case of an officer to be retired 

2 in a grade at or below the grade of major gen3 eral in the Army, Air Force, or Marine Corps, 

4 rear admiral in the Navy, or an equivalent 

5 grade in the Space Force, the Secretary of De6 fense may authorize the Secretary of the mili7 tary department concerned to reduce such pe8 riod to a period of not less than two years. 

9 ‘‘(2) LIMITATION ON DELEGATION.—The au10 thority of the Secretary of Defense in subparagraph 

11 (A) of paragraph (1) may not be delegated. The au12 thority of the Secretary of a military department in 

13 subparagraph (B) of paragraph (1), as delegated to 

14 such Secretary pursuant to such subparagraph, may 

15 not be further delegated. 

16 ‘‘(3) WAIVER OF REQUIREMENT.—Subject to 

17 subsection (c), the President may waive the applica18 tion of the service-in-grade requirement in para19 graph (1) to officers covered by that paragraph in 

20 individual cases involving extreme hardship or excep21 tional or unusual circumstances. The authority of 

22 the President under this paragraph may not be dele23 gated. 

24 ‘‘(4) LIMITATION ON REDUCTION OR WAIVER

25 OF REQUIREMENT FOR OFFICERS UNDER INVESVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
225 

•S 4049 RS

1 TIGATION OR PENDING MISCONDUCT.—In the case of 

2 an officer to be retired in a grade above the grade 

3 of colonel in the Army, Air Force, or Marine Corps, 

4 captain in the Navy, or the equivalent grade in the 

5 Space Force, the service-in-grade requirement in 

6 paragraph (1) may not be reduced pursuant to that 

7 paragraph, or waived pursuant to paragraph (3), 

8 while the officer is under investigation for alleged 

9 misconduct or while there is pending the disposition 

10 of an adverse personnel action against the officer. 

11 ‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS ON

12 REDUCTION OR WAIVER OF REQUIREMENTS.—The 

13 aggregate number of members of an armed force in 

14 a grade for whom reductions are made under para15 graph (1), and waivers are made under paragraph 

16 (3), in a fiscal year may not exceed— 

17 ‘‘(A) in the case of officers to be retired in 

18 a grade at or below the grade of major in the 

19 Army, Air Force, or Marine Corps, lieutenant 

20 commander in the Navy, or the equivalent 

21 grade in the Space Force, the number equal to 

22 two percent of the authorized active-duty 

23 strength for that fiscal year for officers of that 

24 armed force in that grade; 


pbinns on DSKJLVW7X2PROD with BILLS
226 

•S 4049 RS

1 ‘‘(B) in the case of officers to be retired in 

2 the grade of lieutenant colonel or colonel in the 

3 Army, Air Force, or Marine Corps, commander 

4 or captain in the Navy, or an equivalent grade 

5 in the Space Force, the number equal to four 

6 percent of the authorized active-duty strength 

7 for that fiscal year for officers of that armed 

8 force in the applicable grade; or 

9 ‘‘(C) in the case of officers to be retired in 

10 the grade of brigadier general or major general 

11 in the Army, Air Force, or Marine Corps, rear 

12 admiral (lower half) or rear admiral in the 

13 Navy, or an equivalent grade in the Space 

14 Force, the number equal to 10 percent of the 

15 authorized active-duty strength for that fiscal 

16 year for officers of that armed force in the ap17 plicable grade. 

18 ‘‘(6) NOTICE TO CONGRESS ON REDUCTION OR

19 WAIVER OF REQUIREMENTS FOR GENERAL, FLAG, 

20 AND EQUIVALENT OFFICER GRADES.—In the case of 

21 an officer to be retired in a grade that is a general 

22 or flag officer grade, or an equivalent grade in the 

23 Space Force, who is eligible to retire in that grade 

24 only by reason of an exercise of the authority in 

25 paragraph (1) to reduce the service-in-grade requireVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
227 

•S 4049 RS

1 ment in that paragraph, or the authority in para2 graph (3) to waive that requirement, the Secretary 

3 of Defense or the President, as applicable, shall, not 

4 later than 60 days prior to the date on which the 

5 officer will be retired in that grade, notify the Com6 mittees on Armed Services of the Senate and the 

7 House of Representatives of the exercise of the ap8 plicable authority with respect to that officer. 

9 ‘‘(7) RETIREMENT IN NEXT LOWEST GRADE

10 FOR OFFICERS NOT MEETING REQUIREMENT.—An 

11 officer described in paragraph (1) whose length of 

12 service in the highest grade held by the officer while 

13 on active duty does not meet the period of the serv14 ice-in-grade requirement applicable to the officer 

15 under this subsection shall, subject to subsection (c), 

16 be retired in the next lower grade in which the offi17 cer served on active duty satisfactorily, as deter18 mined by the Secretary of the military department 

19 concerned or the Secretary of Defense, as applicable. 

20 ‘‘(c) OFFICERS IN O–9 AND O–10 GRADES.— 

21 ‘‘(1) IN GENERAL.—An officer of the Army, 

22 Navy, Air Force, Marine Corps, or Space Force who 

23 is serving or has served in a position of importance 

24 and responsibility designated by the President to 

25 carry the grade of lieutenant general or general in 


pbinns on DSKJLVW7X2PROD with BILLS
228 

•S 4049 RS

1 the Army, Air Force, or Marine Corps, vice admiral 

2 or admiral in the Navy, or an equivalent grade in 

3 the Space Force under section 601 of this title may 

4 be retired in such grade under subsection (a) only 

5 after the Secretary of Defense certifies in writing to 

6 the President and the Committees on Armed Serv7 ices of the Senate and the House of Representatives 

8 that the officer served on active duty satisfactorily 

9 in such grade. 

10 ‘‘(2) PROHIBITION ON DELEGATION.—The au11 thority of the Secretary of Defense to make a certifi12 cation with respect to an officer under paragraph (1) 

13 may not be delegated. 

14 ‘‘(3) REQUIREMENTS IN CONNECTION WITH

15 CERTIFICATION.—A certification with respect to an 

16 officer under paragraph (1) shall— 

17 ‘‘(A) be submitted by the Secretary of De18 fense such that it is received by the President 

19 and the Committees on Armed Services of the 

20 Senate and the House of Representatives not 

21 later than 60 days prior to the date on which 

22 the officer will be retired in the grade con23 cerned; 

24 ‘‘(B) include an up-to-date copy of the 

25 military biography of the officer; and 


pbinns on DSKJLVW7X2PROD with BILLS
229 

•S 4049 RS

1 ‘‘(C) include the statement of the Sec2 retary as to whether or not potentially adverse, 

3 adverse, or reportable information regarding the 

4 officer was considered by the Secretary in mak5 ing the certification. 

6 ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In 

7 the case of an officer under paragraph (1) to whom 

8 a reduction in the service-in-grade requirement 

9 under subsection (b)(1) or waiver under subsection 

10 (b)(3) applies, the requirement for notification under 

11 subsection (b)(6) is satisfied if the notification is in12 cluded in the certification submitted by the Sec13 retary of Defense under paragraph (1). 

14 ‘‘(d) CONDITIONAL RETIREMENT GRADE AND RE15 TIREMENT FOR OFFICERS PENDING INVESTIGATION OR

16 ADVERSE ACTION.— 

17 ‘‘(1) IN GENERAL.—When an officer serving in 

18 a grade at or below the grade of major general in 

19 the Army, Air Force, or Marine Corps, rear admiral 

20 in the Navy, or an equivalent grade in the Space 

21 Force is under investigation for alleged misconduct 

22 or pending the disposition of an adverse personnel 

23 action at the time of retirement, the Secretary of the 

24 military department concerned may— 


pbinns on DSKJLVW7X2PROD with BILLS
230 

•S 4049 RS

1 ‘‘(A) conditionally determine the highest 

2 permanent grade of satisfactory service on ac3 tive duty of the officer pending completion of 

4 the investigation or resolution of the personnel 

5 action, as applicable; and 

6 ‘‘(B) retire the officer in that conditional 

7 grade, subject to subsection (e). 

8 ‘‘(2) OFFICERS IN O–9 AND O–10 GRADES.— 

9 When an officer described by subsection (c)(1) is 

10 under investigation for alleged misconduct or pend11 ing the disposition of an adverse personnel action at 

12 the time of retirement, the Secretary of Defense 

13 may— 

14 ‘‘(A) conditionally determine the highest 

15 permanent grade of satisfactory service on ac16 tive duty of the officer, pending completion of 

17 the investigation or personnel action, as appli18 cable; and 

19 ‘‘(B) retire the officer in that conditional 

20 grade, subject to subsection (e). 

21 ‘‘(3) REDUCTION OR WAIVER OF SERVICE-IN22 GRADE REQUIREMENT PROHIBITED FOR GENERAL, 

23 FLAG, AND EQUIVALENT OFFICER GRADES.—In con24 ditionally determining the retirement grade of an of25 ficer under paragraph (1)(A) or (2)(A) of this subVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
231 

•S 4049 RS

1 section to be a grade above the grade of colonel in 

2 the Army, Air Force, or Marine Corps, captain in 

3 the Navy, or the equivalent grade in the Space 

4 Force, the service-in-grade requirement in subsection 

5 (b)(1) may not be reduced pursuant to subsection 

6 (b)(1) or waived pursuant to subsection (b)(3). 

7 ‘‘(4) PROHIBITION ON DELEGATION.—The au8 thority of the Secretary of a military department 

9 under paragraph (1) may not be delegated. The au10 thority of the Secretary of Defense under paragraph 

11 (2) may not be delegated. 

12 ‘‘(e) FINAL RETIREMENT GRADE FOLLOWING RESO13 LUTION OF PENDING INVESTIGATION OR ADVERSE AC14 TION.— 

15 ‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE16 MENT GRADE.—If the resolution of an investigation 

17 or personnel action with respect to an officer who 

18 has been retired in a conditional retirement grade 

19 pursuant to subsection (d) results in a determination 

20 that the conditional retirement grade in which the 

21 officer was retired will not be changed, the condi22 tional retirement grade of the officer shall, subject 

23 to paragraph (3), be the final retired grade of the 

24 officer. 


pbinns on DSKJLVW7X2PROD with BILLS
232 

•S 4049 RS

1 ‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT

2 GRADE.—If the resolution of an investigation or per3 sonnel action with respect to an officer who has been 

4 retired in a conditional retirement grade pursuant to 

5 subsection (d) results in a determination that the 

6 conditional retirement grade in which the officer was 

7 retired should be changed, the changed retirement 

8 grade shall be the final retired grade of the officer 

9 under this section, except that if the final retirement 

10 grade provided for an officer pursuant to this para11 graph is the grade of lieutenant general or general 

12 in the Army, Air Force, or Marine Corps, vice admi13 ral or admiral in the Navy, or an equivalent grade 

14 in the Space Force, the requirements in subsection 

15 (c) shall apply in connection with the retirement of 

16 the officer in such final retirement grade. 

17 ‘‘(3) RECALCULATION OF RETIRED PAY.— 

18 ‘‘(A) IN GENERAL.—If the final retired 

19 grade of an officer is as a result of a change 

20 under paragraph (2), the retired pay of the offi21 cer under chapter 71 of this title shall be recal22 culated accordingly, with any modification of 

23 the retired pay of the officer to go into effect 

24 as of the date of the retirement of the officer. 


pbinns on DSKJLVW7X2PROD with BILLS
233 

•S 4049 RS

1 ‘‘(B) PAYMENT OF HIGHER AMOUNT FOR

2 PERIOD OF CONDITIONAL RETIREMENT

3 GRADE.—If the recalculation of the retired pay 

4 of an officer results in an increase in retired 

5 pay, the officer shall be paid the amount by 

6 which such increased retired pay exceeded the 

7 amount of retired pay paid the officer for re8 tirement in the officer’s conditional grade dur9 ing the period beginning on the date of the re10 tirement of the officer in such conditional grade 

11 and ending on the effective date of the change 

12 of the officer’s retired grade. For an officer 

13 whose retired grade is determined pursuant to 

14 subsection (c), the effective date of the change 

15 of the officer’s retired grade for purposes of 

16 this subparagraph shall be the date that is 60 

17 days after the date on which the Secretary of 

18 Defense submits to the Committees on Armed 

19 Services of the Senate and the House of Rep20 resentatives the certification required by sub21 section (c) in connection with the retired grade 

22 of the officer. 

23 ‘‘(C) RECOUPMENT OF OVERAGE DURING

24 PERIOD OF CONDITIONAL RETIREMENT

25 GRADE.—If the recalculation of the retired pay 


pbinns on DSKJLVW7X2PROD with BILLS
234 

•S 4049 RS

1 of an officer results in a decrease in retired 

2 pay, there shall be recouped from the officer the 

3 amount by which the amount of retired pay 

4 paid the officer for retirement in the officer’s 

5 conditional grade exceeded such decreased re6 tired pay during the period beginning on the 

7 date of the retirement of the officer in such 

8 conditional grade and ending on the effective 

9 date of the change of the officer’s retired grade. 

10 ‘‘(f) FINALITY OF RETIRED GRADE DETERMINA11 TIONS.— 

12 ‘‘(1) IN GENERAL.—Except for a conditional 

13 determination authorized by subsection (d), a deter14 mination of the retired grade of an officer pursuant 

15 to this section is administratively final on the day 

16 the officer is retired, and may not be reopened, ex17 cept as provided in paragraph (2). 

18 ‘‘(2) REOPENING.—A final determination of the 

19 retired grade of an officer may be reopened as fol20 lows: 

21 ‘‘(A) If the retirement or retired grade of 

22 the officer was procured by fraud. 

23 ‘‘(B) If substantial evidence comes to light 

24 after the retirement that could have led to de25 termination of a different retired grade under 


pbinns on DSKJLVW7X2PROD with BILLS
235 

•S 4049 RS

1 this section if known by competent authority at 

2 the time of retirement. 

3 ‘‘(C) If a mistake of law or calculation was 

4 made in the determination of the retired grade. 

5 ‘‘(D) If the applicable Secretary deter6 mines, pursuant to regulations prescribed by 

7 the Secretary of Defense, that good cause exists 

8 to reopen the determination of retired grade. 

9 ‘‘(3) APPLICABLE SECRETARY.—For purposes 

10 of this subsection, the applicable Secretary for pur11 poses of a determination or action specified in this 

12 subsection is— 

13 ‘‘(A) the Secretary of the military depart14 ment concerned, in the case of an officer retired 

15 in a grade at or below the grade of major gen16 eral in the Army, Air Force, or Marine Corps, 

17 rear admiral in the Navy, or the equivalent 

18 grade in the Space Force; or 

19 ‘‘(B) the Secretary of Defense, in the case 

20 of an officer retired in a grade of lieutenant 

21 general or general in the Army, Air Force, or 

22 Marine Corps, vice admiral or admiral in the 

23 Navy, or an equivalent grade in the Space 

24 Force. 


pbinns on DSKJLVW7X2PROD with BILLS
236 

•S 4049 RS

1 ‘‘(4) NOTICE AND LIMITATION.—If a final de2 termination of the retired grade of an officer is re3 opened in accordance with paragraph (2), the appli4 cable Secretary— 

5 ‘‘(A) shall notify the officer of the reopen6 ing; and 

7 ‘‘(B) may not make an adverse determina8 tion on the retired grade of the officer until the 

9 officer has had a reasonable opportunity to re10 spond regarding the basis for the reopening of 

11 the officer’s retired grade. 

12 ‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR

13 OFFICERS RETIRED IN O–9 AND O-10 GRADES.—If 

14 the determination of the retired grade of an officer 

15 whose retired grade was provided for pursuant to 

16 subsection (c) is reopened, the Secretary of Defense 

17 shall also notify the President and the Committees 

18 on Armed Services of the Senate and the House of 

19 Representatives. 

20 ‘‘(6) MANNER OF MAKING OF CHANGE.—If the 

21 retired grade of an officer is proposed to be changed 

22 through the reopening of the final determination of 

23 an officer’s retired grade under this subsection, the 

24 change in grade shall be made— 


pbinns on DSKJLVW7X2PROD with BILLS
237 

•S 4049 RS

1 ‘‘(A) in the case of an officer whose retired 

2 grade is to be changed to a grade at or below 

3 the grade of major general in the Army, Air 

4 Force or Marine Corps, rear admiral in the 

5 Navy, or the equivalent grade in the Space 

6 Force, in accordance with subsections (a) and 

7 (b)— 

8 ‘‘(i) by the Secretary of Defense (who 

9 may delegate such authority only as au10 thorized by clause (ii)); or 

11 ‘‘(ii) if authorized by the Secretary of 

12 Defense, by the Secretary of the military 

13 department concerned (who may not fur14 ther delegate such authority); 

15 ‘‘(B) in the case of an officer whose retired 

16 grade is to be changed to the grade of lieuten17 ant general or general in the Army, Air Force, 

18 or Marine Corps, vice admiral or admiral in the 

19 Navy, or an equivalent grade in the Space 

20 Force, by the President, by and with the advice 

21 and consent of the Senate. 

22 ‘‘(7) RECALCULATION OF RETIRED PAY.—If the 

23 final retired grade of an officer is changed through 

24 the reopening of the officer’s retired grade under 

25 this subsection, the retired pay of the officer under 


pbinns on DSKJLVW7X2PROD with BILLS
238 

•S 4049 RS

1 chapter 71 of this title shall be recalculated. Any 

2 modification of the retired pay of the officer as a re3 sult of the change shall go into effect on the effec4 tive date of the change of the officer’s retired grade, 

5 and the officer shall not be entitled or subject to any 

6 changed amount of retired pay for any period before 

7 such effective date. An officer whose retired grade is 

8 changed as provided in paragraph (6)(B) shall not 

9 be entitled or subject to a change in retired pay for 

10 any period before the date on which the Senate pro11 vides advice and consent for the retirement of the of12 ficer in such grade. 

13 ‘‘(g) HIGHEST PERMANENT GRADE DEFINED.—In 

14 this section, the term ‘highest permanent grade’ means a 

15 grade at or below the grade of major general in the Army, 

16 Air Force, or Marine Corps, rear admiral in the Navy, 

17 or an equivalent grade in the Space Force. 

18 ‘‘§ 1370a. Officers entitled to retired pay for non-reg19 ular service 

20 ‘‘(a) RETIREMENT IN HIGHEST GRADE HELD SATIS21 FACTORILY.—Unless entitled to a different grade, or to 

22 credit for satisfactory service in a different grade under 

23 some other provision of law, a person who is entitled to 

24 retired pay under chapter 1223 of this title shall, upon 

25 application under section 12731 of this title, be credited 


pbinns on DSKJLVW7X2PROD with BILLS
239 

•S 4049 RS

1 with satisfactory service in the highest permanent grade 

2 in which that person served satisfactorily at any time in 

3 the armed forces, as determined by the Secretary of the 

4 military department concerned in accordance with this 

5 section. 

6 ‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR OFFI7 CERS IN GRADES BELOW O–5.—In order to be credited 

8 with satisfactory service in an officer grade (other than 

9 a warrant officer grade) below the grade of lieutenant 

10 colonel or commander (in the case of the Navy), a person 

11 covered by subsection (a) must have served satisfactorily 

12 in that grade (as determined by the Secretary of the mili13 tary department concerned) as a reserve commissioned of14 ficer in an active status, or in a retired status on active 

15 duty, for not less than six months. 

16 ‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR OF17 FICES IN GRADES ABOVE O–4.— 

18 ‘‘(1) IN GENERAL.—In order to be credited with 

19 satisfactory service in an officer grade above major 

20 or lieutenant commander (in the case of the Navy), 

21 a person covered by subsection (a) must have served 

22 satisfactorily in that grade (as determined by the 

23 Secretary of the military department concerned) as 

24 a reserve commissioned officer in an active status, or 


pbinns on DSKJLVW7X2PROD with BILLS
240 

•S 4049 RS

1 in a retired status on active duty, for not less than 

2 three years. 

3 ‘‘(2) SATISFACTION OF REQUIREMENT BY CER4 TAIN OFFICERS NOT COMPLETING THREE YEARS.— 

5 A person covered by paragraph (1) who has com6 pleted at least six months of satisfactory service in 

7 grade may be credited with satisfactory service in 

8 the grade in which serving at the time of transfer 

9 or discharge, notwithstanding failure of the person 

10 to complete three years of service in that grade, if 

11 the person is transferred from an active status or 

12 discharged as a reserve commissioned officer— 

13 ‘‘(A) solely due to the requirements of a 

14 nondiscretionary provision of law requiring that 

15 transfer or discharge due to the person’s age or 

16 years of service; or 

17 ‘‘(B) because the person no longer meets 

18 the qualifications for membership in the Ready 

19 Reserve solely because of a physical disability, 

20 as determined, at a minimum, by a medical 

21 evaluation board and at the time of such trans22 fer or discharge the person (pursuant to section 

23 12731b of this title or otherwise) meets the 

24 service requirements established by section 

25 12731(a) of this title for eligibility for retired 


pbinns on DSKJLVW7X2PROD with BILLS
241 

•S 4049 RS

1 pay under chapter 1223 of this title, unless the 

2 disability is described in section 12731b of this 

3 title. 

4 ‘‘(3) REDUCTION IN SERVICE-IN-GRADE RE5 QUIREMENTS.— 

6 ‘‘(A) OFFICERS IN GRADES BELOW GEN7 ERAL AND FLAG OFFICER GRADES.—In the case 

8 of a person to be retired in a grade below briga9 dier general or rear admiral (lower half) in the 

10 Navy, the Secretary of Defense may authorize 

11 the Secretary of a military department to re12 duce, subject to subparagraph (B), the three13 year period of service-in-grade required by para14 graph (1) to a period not less than two years. 

15 The authority of the Secretary of a military de16 partment under this subparagraph may not be 

17 delegated. 

18 ‘‘(B) LIMITATION.—The number of reserve 

19 commissioned officers of an armed force in the 

20 same grade for whom a reduction is made 

21 under subparagraph (A) during any fiscal year 

22 in the period of service-in-grade otherwise re23 quired by paragraph (1) may not exceed the 

24 number equal to 2 percent of the strength au25 thorized for that fiscal year for reserve commisVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
242 

•S 4049 RS

1 sioned officers of that armed force in an active 

2 status in that grade. 

3 ‘‘(C) OFFICERS IN GENERAL AND FLAG

4 OFFICERS GRADES.—The Secretary of Defense 

5 may reduce the three-year period of service-in6 grade required by paragraph (1) to a period not 

7 less than two years for any person, including a 

8 person who, upon transfer to the Retired Re9 serve or discharge, is to be credited with satis10 factory service in a general or flag officer grade 

11 under that paragraph. The authority of the 

12 Secretary of Defense under this subparagraph 

13 may not be delegated. 

14 ‘‘(D) NOTICE TO CONGRESS ON REDUC15 TION IN SERVICE-IN-GRADE REQUIREMENTS

16 FOR GENERAL AND FLAG OFFICER GRADES.— 

17 In the case of a person to be credited under 

18 this section with satisfactory service in a grade 

19 that is a general or flag officer grade who is eli20 gible to be credited with such service in that 

21 grade only by reason of an exercise of authority 

22 in subparagraph (C) to reduce the three-year 

23 service-in-grade requirement otherwise applica24 ble under paragraph (1), the Secretary of De25 fense shall, not later than 60 days prior to the 


pbinns on DSKJLVW7X2PROD with BILLS
243 

•S 4049 RS

1 date on which the person will be credited with 

2 such satisfactory service in that grade, notify 

3 the Committees on Armed Services of the Sen4 ate and the House of Representatives of the ex5 ercise of authority in subparagraph (C) with re6 spect to that person. 

7 ‘‘(4) OFFICERS SERVING IN GRADES ABOVE O– 

8 6 INVOLUNTARILY TRANSFERRED FROM ACTIVE STA9 TUS.—A person covered by paragraph (1) who has 

10 completed at least six months of satisfactory service 

11 in a grade above colonel or (in the case of the Navy) 

12 captain and, while serving in an active status in 

13 such grade, is involuntarily transferred (other than 

14 for cause) from active status may be credited with 

15 satisfactory service in the grade in which serving at 

16 the time of such transfer, notwithstanding failure of 

17 the person to complete three years of service in that 

18 grade. 

19 ‘‘(5) ADJUTANTS AND ASSISTANT ADJUTANTS

20 GENERAL.—If a person covered by paragraph (1) 

21 has completed at least six months of satisfactory 

22 service in grade, the person was serving in that 

23 grade while serving in a position of adjutant general 

24 required under section 314 of title 32 or while serv25 ing in a position of assistant adjutant general suborVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
244 

•S 4049 RS

1 dinate to such a position of adjutant general, and 

2 the person has failed to complete three years of serv3 ice in that grade solely because the person’s appoint4 ment to such position has been terminated or va5 cated as described in section 324(b) of such title, the 

6 person may be credited with satisfactory service in 

7 that grade, notwithstanding the failure of the person 

8 to complete three years of service in that grade. 

9 ‘‘(6) OFFICERS RECOMMENDED FOR PRO10 MOTION SERVING IN CERTAIN GRADE BEFORE PRO11 MOTION.—To the extent authorized by the Secretary 

12 of the military department concerned, a person who, 

13 after having been recommended for promotion in a 

14 report of a promotion board but before being pro15 moted to the recommended grade, served in a posi16 tion for which that grade is the minimum authorized 

17 grade may be credited for purposes of paragraph (1) 

18 as having served in that grade for the period for 

19 which the person served in that position while in the 

20 next lower grade. The period credited may not in21 clude any period before the date on which the Senate 

22 provides advice and consent for the appointment of 

23 that person in the recommended grade. 

24 ‘‘(7) OFFICERS QUALIFIED FOR FEDERAL REC25 OGNITION SERVING IN CERTAIN GRADE BEFORE APVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
245 

•S 4049 RS

1 POINTMENT.—To the extent authorized by the Sec2 retary of the military department concerned, a per3 son who, after having been found qualified for Fed4 eral recognition in a higher grade by a board under 

5 section 307 of title 32, serves in a position for which 

6 that grade is the minimum authorized grade and is 

7 appointed as a reserve officer in that grade may be 

8 credited for the purposes of paragraph (1) as having 

9 served in that grade. The period of the service for 

10 which credit is afforded under the preceding sen11 tence may be only the period for which the person 

12 served in the position after the Senate provides ad13 vice and consent for the appointment. 

14 ‘‘(8) RETIREMENT IN NEXT LOWEST GRADE

15 FOR OFFICERS NOT MEETING SERVICE-IN-GRADE RE16 QUIREMENTS.—A person whose length of service in 

17 the highest grade held does not meet the service-in18 grade requirements specified in this subsection shall 

19 be credited with satisfactory service in the next 

20 lower grade in which that person served satisfac21 torily (as determined by the Secretary of the mili22 tary department concerned) for not less than six 

23 months. 

24 ‘‘(d) OFFICERS IN O–9 AND O–10 GRADES.— 


pbinns on DSKJLVW7X2PROD with BILLS
246 

•S 4049 RS

1 ‘‘(1) IN GENERAL.—A person covered by this 

2 section in the Army, Navy, Air Force, or Marine 

3 Corps who is serving or has served in a position of 

4 importance and responsibility designated by the 

5 President to carry the grade of lieutenant general or 

6 general in the Army, Air Force, or Marine Corps, or 

7 vice admiral or admiral in the Navy under section 

8 601 of this title may be retired in such grade under 

9 subsection (a) only after the Secretary of Defense 

10 certifies in writing to the President and the Commit11 tees on Armed Services of the Senate and the House 

12 of Representatives that the officer served satisfac13 torily in such grade. 

14 ‘‘(2) PROHIBITION ON DELEGATION.—The au15 thority of the Secretary of Defense to make a certifi16 cation with respect to an officer under paragraph (1) 

17 may not be delegated. 

18 ‘‘(3) REQUIREMENTS IN CONNECTION WITH

19 CERTIFICATION.—A certification with respect to an 

20 officer under paragraph (1) shall— 

21 ‘‘(A) be submitted by the Secretary of De22 fense such that it is received by the President 

23 and the Committees on Armed Services of the 

24 Senate and the House of Representatives not 

25 later than 60 days prior to the date on which 


pbinns on DSKJLVW7X2PROD with BILLS
247 

•S 4049 RS

1 the officer will be retired in the grade con2 cerned; 

3 ‘‘(B) include an up-to-date copy of the 

4 military biography of the officer; and 

5 ‘‘(C) include the statement of the Sec6 retary as to whether or not potentially adverse, 

7 adverse, or reportable information regarding the 

8 officer was considered by the Secretary in mak9 ing the certification. 

10 ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In 

11 the case of an officer under paragraph (1) who is el12 igible to be credited with service in a grade only by 

13 reason of the exercise of the authority in subsection 

14 (c)(3)(C) to reduce the three-year service-in-grade 

15 requirement under subsection (c)(1), the require16 ment for notification under subsection (c)(3)(D) is 

17 satisfied if the notification is included in the certifi18 cation submitted by the Secretary of Defense under 

19 paragraph (1). 

20 ‘‘(e) CONDITIONAL RETIREMENT GRADE AND RE21 TIREMENT FOR OFFICERS UNDER INVESTIGATION FOR

22 MISCONDUCT OR PENDING ADVERSE PERSONNEL AC23 TION.—The retirement grade, and retirement, of a person 

24 covered by this section who is under investigation for al25 leged misconduct or pending the disposition of an adverse 


pbinns on DSKJLVW7X2PROD with BILLS
248 

•S 4049 RS

1 personnel action at the time of retirement is as provided 

2 for by section 1370(d) of this title. In the application of 

3 such section 1370(d) for purposes of this subsection, any 

4 reference ‘active duty’ shall be deemed not to apply, and 

5 any reference to a provision of section 1370 of this title 

6 shall be deemed to be a reference to the analogous provi7 sion of this section. 

8 ‘‘(f) FINAL RETIREMENT GRADE FOLLOWING RESO9 LUTION OF PENDING INVESTIGATION OR ADVERSE AC10 TION.—The final retirement grade under this section of 

11 a person described in subsection (e) following resolution 

12 of the investigation or personnel action concerned is the 

13 final retirement grade provided for by section 1370(e) of 

14 this title. In the application of such section 1370(e) for 

15 purposes of this subsection, any reference to a provision 

16 of section 1370 of this title shall be deemed to be a ref17 erence to the analogous provision of this section. In the 

18 application of paragraph (3) of such section 1370e(e) for 

19 purposes of this subsection, the reference to ‘chapter 71’ 

20 of this title shall be deemed to be a reference to ‘chapter 

21 1223 of this title’. 

22 ‘‘(g) FINALITY OF RETIRED GRADE DETERMINA23 TIONS.— 

24 ‘‘(1) IN GENERAL.—Except for a conditional 

25 determination authorized by subsection (e), a deterVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
249 

•S 4049 RS

1 mination of the retired grade of a person pursuant 

2 to this section is administratively final on the day 

3 the person is retired, and may not be reopened. 

4 ‘‘(2) REOPENING.—A determination of the re5 tired grade of a person may be reopened in accord6 ance with applicable provisions of section 1370(f) of 

7 this title. In the application of such section 1370(f) 

8 for purposes of this subsection, any reference to a 

9 provision of section 1370 of this title shall be 

10 deemed to be a reference to the analogous provision 

11 of this section. In the application of paragraph (7) 

12 of such section 1370(f) for purposes of this para13 graph, the reference to ‘chapter 71 of this title’ shall 

14 be deemed to be a reference to ‘chapter 1223 of this 

15 title’. 

16 ‘‘(h) HIGHEST PERMANENT GRADE DEFINED.—In 

17 this section, the term ‘highest permanent grade’ means a 

18 grade at or below the grade of major general in the Army, 

19 Air Force, or Marine Corps or rear admiral in the Navy.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 69 of title 10, 

22 United States Code, is amended by striking the item 

23 relating to section 1370 and inserting the following 

24 new items: 

‘‘1370. Regular commissioned officers. 

‘‘1370a. Officers entitled to retired pay for non-regular service.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
250 

•S 4049 RS

1 (b) CONFORMING AND TECHNICAL AMENDMENTS TO

2 RETIRED GRADE RULES FOR THE ARMED FORCES.— 

3 (1) RETIRED PAY.—Title 10, United States 

4 Code, is amended as follows: 

5 (A) In section 1406(b)(2), by striking 

6 ‘‘section 1370(d)’’ and inserting ‘‘section 

7 1370a’’. 

8 (B) In section 1407(f)(2)(B), by striking 

9 ‘‘by reason of denial of a determination or cer10 tification under section 1370’’ and inserting 

11 ‘‘pursuant to section 1370 or 1370a’’. 

12 (2) ARMY.—Section 7341 of such title is 

13 amended— 

14 (A) by striking subsection (a) and insert15 ing the following new subsection (a): 

16 ‘‘(a)(1) The retired grade of a regular commissioned 

17 officer of the Army who retires other than for physical 

18 disability is determined under section 1370 of this title. 

19 ‘‘(2) The retired grade of a reserve commissioned of20 ficer of the Army who retires other than for physical dis21 ability is determined under section 1370a of this title.’’; 

22 and 

23 (B) in subsection (b)— 

24 (i) by striking ‘‘he’’ and inserting ‘‘the 

25 member’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
251 

•S 4049 RS

1 (ii) by striking ‘‘his’’ and inserting 

2 ‘‘the member’s’’. 

3 (3) NAVY AND MARINE CORPS.—Such title is 

4 further amended as follows: 

5 (A) In section 8262(a), by striking ‘‘sec6 tions 689 and 1370’’ and inserting ‘‘section 

7 689, and section 1370 or 1370a (as applica8 ble),’’. 

9 (B) In section 8323(c), by striking ‘‘sec10 tion 1370 of this title’’ and inserting ‘‘section 

11 1370 or 1370a of this title, as applicable’’. 

12 (4) AIR FORCE AND SPACE FORCE.—Section 

13 9341 of such title is amended— 

14 (A) by striking subsection (a) and insert15 ing the following new subsection (a): 

16 ‘‘(a)(1) The retired grade of a regular commissioned 

17 officer of the Air Force or the Space Force who retires 

18 other than for physical disability is determined under sec19 tion 1370 of this title. 

20 ‘‘(2) The retired grade of a reserve commissioned of21 ficer of the Air Force or the Space Force who retires other 

22 than for physical disability is determined under section 

23 1370a of this title.’’; and 

24 (B) in subsection (b)— 


pbinns on DSKJLVW7X2PROD with BILLS
252 

•S 4049 RS

1 (i) by inserting ‘‘or a Regular or Re2 serve of the Space Force’’ after ‘‘Air 

3 Force’’; 

4 (ii) by striking ‘‘he’’ and inserting 

5 ‘‘the member’’; and 

6 (iii) by striking ‘‘his’’ and inserting 

7 ‘‘the member’s’’. 

8 (5) RESERVE OFFICERS.—Section 12771 of 

9 such title is amended— 

10 (A) in subsection (a), by striking ‘‘section 

11 1370(d)’’ and inserting ‘‘section 1370a of this 

12 title’’; and 

13 (B) in subsection (b)(1), by striking ‘‘sec14 tion 1370(d)’’ and inserting ‘‘section 1370a’’. 

15 (c) OTHER REFERENCES.—In the determination of 

16 the retired grade of a commissioned officer of the Armed 

17 Forces entitled to retired pay under chapter 1223 of title 

18 10, United States Code, who retires after the date of the 

19 enactment of this Act, any reference in a provision of law 

20 or regulation to section 1370 of title 10, United States 

21 Code, in such determination with respect to such officer 

22 shall be deemed to be a reference to section 1370a of title 

23 10, United States Code (as amended by subsection (a)). 


pbinns on DSKJLVW7X2PROD with BILLS
253 

•S 4049 RS

1 SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL APPOINT2 MENT OF REGULAR NAVY OFFICERS DES3 IGNATED FOR ENGINEERING DUTY, AERO4 NAUTICAL ENGINEERING DUTY, AND SPE5 CIAL DUTY. 

6 (a) REPEAL.—Section 8137 of title 10, United States 

7 Code, is repealed. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 815 of such title is amended 

10 by striking the item relating to section 8137. 

11 Subtitle B—Reserve Component 

12 Management 

13 SEC. 511. EXCLUSION OF CERTAIN RESERVE GENERAL AND 

14 FLAG OFFICERS ON ACTIVE DUTY FROM LIM15 ITATIONS ON AUTHORIZED STRENGTHS. 

16 (a) DUTY FOR CERTAIN RESERVE OFFICERS UNDER

17 JOINT DUTY LIMITED EXCLUSION.—Subsection (b) of 

18 section 526a of title 10, United States Code, is amended 

19 by adding at the end the following new paragraph: 

20 ‘‘(3) DUTY FOR CERTAIN RESERVE OFFI21 CERS.—Of the officers designated pursuant to para22 graph (1), the Chairman of the Joint Chiefs of Staff 

23 may designate up to 15 general and flag officer posi24 tions in the unified and specified combatant com25 mands, and up to three general and flag officer posi26 tions on the Joint Staff, as positions to be held only 


pbinns on DSKJLVW7X2PROD with BILLS
254 

•S 4049 RS

1 by reserve officers who are in a general or flag offi2 cer grade below lieutenant general or vice admiral. 

3 Each position so designated shall be considered to be 

4 a joint duty assignment position for purposes of 

5 chapter 38 of this title.’’. 

6 (b) RESERVE OFFICERS ON ACTIVE DUTY FOR

7 TRAINING OR FOR LESS THAN 180 DAYS.—Such section 

8 is further amended— 

9 (1) by redesignating subsections (c) through (h) 

10 as subsections (d) through (i), respectively; and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection: 

13 ‘‘(c) RESERVE OFFICERS ON ACTIVE DUTY FOR

14 TRAINING OR FOR LESS THAN 180 DAYS.—The limita15 tions of this section do not apply to a reserve general or 

16 flag officer who— 

17 ‘‘(1) is on active duty for training; or 

18 ‘‘(2) is on active duty under a call or order 

19 specifying a period of less than 180 days.’’. 

20 Subtitle C—General Service 

21 Authorities 

22 SEC. 516. INCREASED ACCESS TO POTENTIAL RECRUITS. 

23 (a) SECONDARY SCHOOLS.—Section 503(c)(1) of title 

24 10, United States Code, is amended— 

25 (1) in subparagraph (A)— 


pbinns on DSKJLVW7X2PROD with BILLS
255 

•S 4049 RS

1 (A) in clause (i), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (ii), by striking ‘‘and tele4 phone listings,’’ and all that follows through the 

5 period at the end and inserting ‘‘electronic mail 

6 addresses, home telephone numbers, and mobile 

7 telephone numbers, notwithstanding subsection 

8 (a)(5)(B) or (b) of section 444 of the General 

9 Education Provisions Act (20 U.S.C. 1232g); 

10 and’’; and 

11 (C) by adding at the end the following new 

12 clause: 

13 ‘‘(iii) shall provide information requested pursu14 ant to clause (ii) within a reasonable period of time, 

15 but in no event later than 60 days after the date of 

16 the request.’’; and 

17 (2) in subparagraph (B), by striking ‘‘and tele18 phone listing’’ and inserting ‘‘electronic mail ad19 dress, home telephone number, or mobile telephone 

20 number’’. 

21 (b) INSTITUTIONS OF HIGHER EDUCATION.—Section 

22 983(b) of such title is amended— 

23 (1) in paragraph (1), by striking ‘‘or’’ at the 

24 end; 

25 (2) in paragraph (2)— 


pbinns on DSKJLVW7X2PROD with BILLS
256 

•S 4049 RS

1 (A) in subparagraph (A), by striking ‘‘and 

2 telephone listings’’ and inserting ‘‘electronic 

3 mail addresses, home telephone numbers, and 

4 mobile telephone numbers, which information 

5 shall be made available not later than 60 days 

6 after the start of classes for the current semes7 ter or not later than 60 days after the date of 

8 a request, whichever is later’’; and 

9 (B) in subparagraph (B), by striking the 

10 period at the end and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) access by military recruiters for purposes 

14 of military recruiting to lists of students (who are 17 

15 years of age or older) not returning to the institu16 tion after having been enrolled during the previous 

17 semester, together with student recruiting informa18 tion and the reason why the student did not return, 

19 if collected by the institution.’’. 

20 SEC. 517. TEMPORARY AUTHORITY TO ORDER RETIRED 

21 MEMBERS TO ACTIVE DUTY IN HIGH-DE22 MAND, LOW-DENSITY ASSIGNMENTS DURING 

23 WAR OR NATIONAL EMERGENCY. 

24 Section 688a of title 10, United States Code, is 

25 amended— 


pbinns on DSKJLVW7X2PROD with BILLS
257 

•S 4049 RS

1 (1) by redesignating subsection (g) as sub2 section (h); and 

3 (2) by inserting after subsection (f) the fol4 lowing new subsection (g): 

5 ‘‘(g) EXCEPTIONS DURING PERIODS OF WAR OR NA6 TIONAL EMERGENCY.—The limitations in subsections (c) 

7 and (f) shall not apply during a time of war or of national 

8 emergency declared by Congress or the President.’’. 

9 SEC. 518. CERTIFICATE OF RELEASE OR DISCHARGE FROM 

10 ACTIVE DUTY (DD FORM 214) MATTERS. 

11 (a) REDESIGNATION AS CERTIFICATE OF MILITARY

12 SERVICE.— 

13 (1) IN GENERAL.—Department of Defense 

14 Form DD 214, the Certificate of Release or Dis15 charge from Active Duty, is hereby redesignated as 

16 the Certificate of Military Service. 

17 (2) CONFORMING AMENDMENT.—Section 

18 1168(a) of title 10, United States Code, is amended 

19 by striking ‘‘discharge certificate or certificate of re20 lease from active duty, respectively,’’ and inserting 

21 ‘‘Certificate of Military Serve’’. 

22 (3) REFERENCES.—Any reference in a law, reg23 ulation, document, paper, or other record of the 

24 United States to Department of Defense Form DD 

25 214, the Certificate of Release or Discharge from 


pbinns on DSKJLVW7X2PROD with BILLS
258 

•S 4049 RS

1 Active Duty, shall be deemed to be a reference to 

2 the Certificate of Military Service. 

3 (4) TECHNICAL AMENDMENTS.—Such section 

4 1168(a) is further amended— 

5 (A) by striking ‘‘until his’’ and inserting 

6 ‘‘until the member’s’’; 

7 (B) by striking ‘‘his final pay’’ and insert8 ing ‘‘the member’s final pay’’; and 

9 (C) by striking ‘‘him or his next of kin’’ 

10 and inserting ‘‘the member or the member’s 

11 next of kin’’. 

12 (5) EFFECTIVE DATES.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), this subsection and the 

15 amendments made by this subsection shall take 

16 effect on the date provided for in subsection (d) 

17 of section 569 of the National Defense Author18 ization Act for Fiscal Year 2020 (Public Law 

19 116–92), as redesignated by subsection 

20 (b)(1)(B) of this section. 

21 (B) TECHNICAL AMENDMENTS.—The 

22 amendments made by paragraph (4) of this 

23 subsection shall take effect on the date of the 

24 enactment of this Act. 

25 (b) ADDITIONAL REQUIREMENTS.— 


pbinns on DSKJLVW7X2PROD with BILLS
259 

•S 4049 RS

1 (1) IN GENERAL.—Section 569 of the National 

2 Defense Authorization Act for Fiscal Year 2020 is 

3 amended— 

4 (A) in subsection (a)— 

5 (i) by redesignating paragraphs (1) 

6 and (2) as paragraphs (2) and (4), respec7 tively; 

8 (ii) by inserting before paragraph (2), 

9 as redesignated by clause (i), the following 

10 new paragraph (1); 

11 ‘‘(1) redesignate such form as the Certificate of 

12 Military Service;’’. 

13 (iii) in paragraph (2), as so redesig14 nated, by striking ‘‘and’’ at the end; and 

15 (iv) by inserting after paragraph (2), 

16 as so redesignated, the following new para17 graph: 

18 ‘‘(3) provide for a standard total force record of 

19 military service for all members of the Armed 

20 Forces, including member of the reserve compo21 nents, that summarizes the record of service for each 

22 member; and’’; 

23 (B) by redesignating subsections (b) and 

24 (c) as subsections (d) and (e), respectively; 


pbinns on DSKJLVW7X2PROD with BILLS
260 

•S 4049 RS

1 (C) by inserting after subsection (a) the 

2 following new subsections: 

3 ‘‘(b) ISSUANCE TO RESERVES.—The Secretary of De4 fense shall provide for the issuance of the Certificate of 

5 Military Service, as modified pursuant to subsection (a), 

6 to members of the reserve components of the Armed 

7 Forces at such times during their military service as is 

8 appropriate to facilitate their access to benefits under the 

9 laws administered by the Secretary of Veterans Affairs. 

10 ‘‘(c) COORDINATION.—In carrying out this section, 

11 the Secretary of Defense shall coordinate with the Sec12 retary of Veterans Affairs to ensure that the Certificate 

13 of Military Service, as modified pursuant to subsection (a), 

14 is recognized as the Certificate of Military Service referred 

15 to in section 1168(a) of title 10, United States Code, and 

16 for the purposes of establishing eligibility for applicable 

17 benefits under the laws administered by the Secretary of 

18 Veterans Affairs.’’; and 

19 (D) in subsection (d), as redesignated by 

20 subparagraph (B), by striking ‘‘a revised Cer21 tificate of Release or Discharge from Active 

22 Duty (DD Form 214), modified’’ and inserting 

23 ‘‘the Certificate of Military Service, as modi24 fied’’. 


pbinns on DSKJLVW7X2PROD with BILLS
261 

•S 4049 RS

1 (2) CONFORMING AMENDMENT.—The heading 

2 of such section 569 is amended to read as follows: 

3 ‘‘SEC. 569. CERTIFICATE OF RELEASE OR DISCHARGE FROM 

4 ACTIVE DUTY (DD FORM 214) MATTERS.’’. 

5 (3) REPEAL OF SUPERSEDED REQUIRE6 MENTS.—Section 570 of the National Defense Au7 thorization Act for Fiscal Year 2020 is repealed. 

8 SEC. 519. EVALUATION OF BARRIERS TO MINORITY PAR9 TICIPATION IN CERTAIN UNITS OF THE 

10 ARMED FORCES. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) In 1999, the RAND Corporation issued a 

14 report entitled ‘‘Barriers to Minority Participation in 

15 Special Operations Forces’’ that was sponsored by 

16 United States Special Operations Command. 

17 (2) In 2018, the RAND Corporation issued a 

18 report entitles ‘‘Understanding Demographic Dif19 ferences in Undergraduate Pilot Training Attrition’’ 

20 that was sponsored by the Air Force. 

21 (3) No significant independent study has been 

22 performed by a federally funded research and devel23 opment center into increasing minority participation 

24 in the special operations forces since 1999. 

25 (b) STUDY REQUIRED.— 


pbinns on DSKJLVW7X2PROD with BILLS
262 

•S 4049 RS

1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of the enactment of this Act, the Secretary 

3 of Defense shall, acting through the Under Sec4 retary of Defense for Personnel and Readiness, seek 

5 to enter into an agreement with a federally funded 

6 research and development center. 

7 (2) ELEMENTS.—The evaluation under para8 graph (1) shall include the following elements: 

9 (A) A description of the racial, ethnic, and 

10 gender composition of covered units. 

11 (B) A comparison of the participation 

12 rates of minority populations in covered units to 

13 participation rates of the general population as 

14 members and as officers of the Armed Forces. 

15 (C) A comparison of the percentage of mi16 nority officers in the grade of O–7 or higher 

17 who have served in each covered unit to such 

18 percentage for all such officers in the Armed 

19 Force of that covered unit. 

20 (D) An identification of barriers to minor21 ity participation in the accession, assessment, 

22 and training processes. 

23 (E) The status and effectiveness of the re24 sponse to the recommendations contained in the 


pbinns on DSKJLVW7X2PROD with BILLS
263 

•S 4049 RS

1 report referred to in subsection (a)(1) and any 

2 follow-up recommendations. 

3 (F) Recommendations to increase the num4 bers of minority officers in the Armed Forces. 

5 (G) Recommendations to increase minority 

6 participation in covered units. 

7 (H) Any other matters the Secretary deter8 mines appropriate. 

9 (3) REPORT TO CONGRESS.—The Secretary 

10 shall— 

11 (A) submit to the congressional defense 

12 committees a report on the results of the study 

13 by not later than January 1, 2022; and 

14 (B) provide interim briefings to such com15 mittees upon request. 

16 (c) DESIGNATION.—The study conducted under sub17 section (b) shall be known as the ‘‘Study on Reducing Bar18 riers to Minority Participation in Elite Units in the Armed 

19 Services’’. 

20 (d) IMPLEMENTATION PLAN.—The Secretary shall 

21 submit to the congressional defense committees a report 

22 setting forth an implementation plan for the recommenda23 tions that the Secretary implements under this section, in24 cluding— 


pbinns on DSKJLVW7X2PROD with BILLS
264 

•S 4049 RS

1 (1) the response of the Secretary to each such 

2 recommendation; 

3 (2) a summary of actions the Secretary has car4 ried out, or intends to carry out, to implement such 

5 recommendations, as appropriate; and 

6 (3) a schedule, with specific milestones, for 

7 completing the implementation of such recommenda8 tions. 

9 (e) COVERED UNITS DEFINED.—In this section, the 

10 term ‘‘covered units’’ means the following: 

11 (1) Any forces designated by the Secretary as 

12 special operations forces. 

13 (2) Air Force Combat Control Teams. 

14 (3) Air Force Pararescue. 

15 (4) Marine Corps Force Reconnaissance. 

16 (5) Coast Guard Deployable Operations Group. 

17 (6) Pilot and navigator military occupational 

18 specialties. 


pbinns on DSKJLVW7X2PROD with BILLS
265 

•S 4049 RS

1 Subtitle D—Military Justice and 

2 Related Matters 

3 PART I—INVESTIGATION, PROSECUTION, AND 

4 DEFENSE OF SEXUAL ASSAULT AND RE5 LATED MATTERS 

6 SEC. 521. MODIFICATION OF TIME REQUIRED FOR EXPE7 DITED DECISIONS IN CONNECTION WITH AP8 PLICATIONS FOR CHANGE OF STATION OR 

9 UNIT TRANSFER OF MEMBERS WHO ARE VIC10 TIMS OF SEXUAL ASSAULT OR RELATED OF11 FENSES. 

12 (a) IN GENERAL.—Section 673(b) of title 10, United 

13 States Code, is amended by striking ‘‘72 hours’’ both 

14 places it appears and inserting ‘‘five calendar days’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall take effect on the date of the enact17 ment of this Act, and shall apply to decisions on applica18 tions for permanent change of station or unit transfer 

19 made under section 673 of title 10, United States Code, 

20 on or after that date. 

21 SEC. 522. DEFENSE ADVISORY COMMITTEE FOR THE PRE22 VENTION OF SEXUAL MISCONDUCT. 

23 Section 550B of the National Defense Authorization 

24 Act for Fiscal Year 2020 (Public Law 116–92) is amend25 ed— 


pbinns on DSKJLVW7X2PROD with BILLS
266 

•S 4049 RS

1 (1) in subsection (c)(1)(B), by inserting ‘‘, in2 cluding the United States Coast Guard Academy,’’ 

3 after ‘‘academy’’; 

4 (2) by redesignating subsections (d), (e), and 

5 (f) as subsections (e), (f), and (g), respectively; 

6 (3) by inserting after subsection (c) the fol7 lowing new subsection (d): 

8 ‘‘(d) ADVISORY DUTIES ON COAST GUARD ACAD9 EMY.—In providing advice under subsection (c)(1)(B), the 

10 Advisory Committee shall also advise the Secretary of the 

11 Department in which the Coast Guard is operating in ac12 cordance with this section on policies, programs, and prac13 tices of the United States Coast Guard Academy.’’; and 

14 (4) in subsection (e) and paragraph (2) of sub15 section (g), as redesignated by paragraph (2) of this 

16 section, by striking ‘‘the Committees on Armed Serv17 ices of the Senate and the House of Representa18 tives’’ each place it appears and inserting ‘‘the Com19 mittees on Armed Services and Commerce, Science, 

20 and Transportation of the Senate and the Commit21 tees on Armed Services and Transportation and In22 frastructure of the House of Representatives’’. 


pbinns on DSKJLVW7X2PROD with BILLS
267 

•S 4049 RS

1 SEC. 523. REPORT ON ABILITY OF SEXUAL ASSAULT RE2 SPONSE COORDINATORS AND SEXUAL AS3 SAULT PREVENTION AND RESPONSE VICTIM 

4 ADVOCATES TO PERFORM DUTIES. 

5 (a) SURVEY.— 

6 (1) IN GENERAL.—Not later than June 30, 

7 2021, the Secretary of Defense shall conduct a sur8 vey regarding the ability of Sexual Assault Response 

9 Coordinators and Sexual Assault Prevention and Re10 sponse Victim Advocates to perform their duties. 

11 (2) ELEMENTS.—The survey required under 

12 paragraph (1) shall assess— 

13 (A) the current state of support provided 

14 to Sexual Assault Response Coordinators and 

15 Sexual Assault Prevention and Response Victim 

16 Advocates, including— 

17 (i) perceived professional or other re18 prisal or retaliation; and 

19 (ii) access to sufficient physical and 

20 mental health services as a result of the 

21 nature of their work; 

22 (B) the ability of Sexual Assault Response 

23 Coordinators and Sexual Assault Prevention 

24 and Response Victim Advocates to contact and 

25 access their installation commander or unit 

26 commander; 


pbinns on DSKJLVW7X2PROD with BILLS
268 

•S 4049 RS

1 (C) the ability of Sexual Assault Response 

2 Coordinators and Sexual Assault Prevention 

3 and Response Victim Advocates to contact and 

4 access the immediate commander of victims and 

5 alleged offenders; 

6 (D) the responsiveness and receptiveness of 

7 commanders to the Sexual Assault Response 

8 Coordinators; 

9 (E) the support and services provided to 

10 victims of sexual assault; 

11 (F) the understanding of others of the 

12 process and their willingness to assist; 

13 (G) the adequacy of the training received 

14 by Sexual Assault Response Coordinators and 

15 Sexual Assault Prevention and Response Victim 

16 Advocates to effectively perform their duties; 

17 and 

18 (H) any other factors affecting the ability 

19 of Sexual Assault Response Coordinators and 

20 Sexual Assault Prevention and Response Victim 

21 Advocates to perform their duties. 

22 (b) REPORT.—Upon completion of the survey re23 quired under subsection (a), the Secretary of Defense shall 

24 submit to the Committees on Armed Services of the Sen25 ate and the House of Representatives a report on the reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
269 

•S 4049 RS

1 sults of the survey and any actions to be taken as a result 

2 of the survey. 

3 SEC. 524. BRIEFING ON SPECIAL VICTIMS’ COUNSEL PRO4 GRAM. 

5 (a) BRIEFING REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Judge Ad7 vocates General of the Army, the Navy, the Air Force, 

8 and the Coast Guard, and the Staff Judge Advocate to 

9 the Commandant of the Marine Corps shall each provide 

10 to the congressional defense committees a briefing on the 

11 status of the Special Victims’ Counsel program of the 

12 Armed Force concerned. 

13 (b) ELEMENTS.—Each briefing under subsection (a) 

14 shall include, with respect to the Special Victims Counsel 

15 program of the Armed Force concerned, the following: 

16 (1) An assessment of whether the Armed Force 

17 is in compliance with the provisions of the National 

18 Defense Authorization Act for Fiscal Year 2020 

19 (Public Law 116–92) relating to the Special Victims 

20 Counsel program and, if not, what steps have been 

21 taken to achieve compliance with such provisions. 

22 (2) An estimate of the average caseload of each 

23 Special Victims’ Counsel. 

24 (3) A description of any staffing shortfalls in 

25 the Special Victims’ Counsel program or other proVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
270 

•S 4049 RS

1 grams of the Armed Force resulting from the addi2 tional responsibilities required of the Special Vic3 tims’ Counsel program under the National Defense 

4 Authorization Act for Fiscal Year 2020. 

5 (4) An explanation of the ability of Special Vic6 tims’ Counsel to adhere to requirement that a coun7 sel respond to a request for services within 72 hours 

8 of receiving such request. 

9 (5) An assessment of the feasibility of providing 

10 cross-service Special Victims’ Counsel representation 

11 in instances where a Special Victims’ Counsel from 

12 a different Armed Force is co-located with a victim 

13 at a remote base. 

14 SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF THE DE15 PARTMENT OF DEFENSE FOR DISCHARGING 

16 THE SEXUAL HARASSMENT POLICIES AND 

17 PROGRAMS OF THE DEPARTMENT. 

18 (a) STRATEGY ON HOLDING LEADERSHIP ACCOUNT19 ABLE REQUIRED.—The Secretary of Defense shall develop 

20 and implement Department of Defense-wide a strategy to 

21 hold individuals in positions of leadership in the Depart22 ment (including members of the Armed Forces and civil23 ians) accountable for the promotion, support, and enforce24 ment of the policies and programs of the Department on 

25 sexual harassment. 


pbinns on DSKJLVW7X2PROD with BILLS
271 

•S 4049 RS

1 (b) OVERSIGHT FRAMEWORK.— 

2 (1) IN GENERAL.—The strategy required by 

3 subsection (a) shall provide for an oversight frame4 work for the efforts of the Department of Defense 

5 to promote, support, and enforce the policies and 

6 programs of the Department on sexual harassment. 

7 (2) ELEMENTS.—The oversight framework re8 quired by paragraph (1) shall include the following: 

9 (A) Long-term goals, objectives, and mile10 stones in connection with the policies and pro11 grams of the Department on sexual harass12 ment. 

13 (B) Strategies to achieve the goals, objec14 tives, and milestones referred to in subpara15 graph (A). 

16 (C) Criteria for assessing progress toward 

17 the achievement of the goals, objectives, and 

18 milestones referred to in subparagraph (A). 

19 (D) Criteria for assessing the effectiveness 

20 of the policies and programs of the Department 

21 on sexual harassment. 

22 (E) Mechanisms to ensure that adequate 

23 resources are available to the Office to develop 

24 and discharge the oversight framework. 


pbinns on DSKJLVW7X2PROD with BILLS
272 

•S 4049 RS

1 (c) REPORT.—Not later than one year after the date 

2 of the enactment of this Act, the Secretary of Defense 

3 shall submit to the Committees on Armed Services of the 

4 Senate and the House of Representatives a report on the 

5 actions taken to carry out this section, including the strat6 egy developed and implemented pursuant to subsection, 

7 and the oversight framework developed and implemented 

8 pursuant to subsection (b). 

9 SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE ACROSS 

10 THE ARMED FORCES. 

11 (a) IN GENERAL.—The Secretary of Defense shall, 

12 in consultation with the Secretaries of the military depart13 ments, prescribe in regulations a safe-to-report policy de14 scribed in subsection (b) that applies with respect to all 

15 members of the Armed Forces (including members of the 

16 reserve components of the Armed Forces) and cadets and 

17 midshipmen at the military service academies. 

18 (b) SAFE-TO-REPORT POLICY.—The safe-to-report 

19 policy described in this subsection is a policy that pre20 scribes the handling of minor collateral misconduct involv21 ing a member of the Armed Forces who is the alleged vic22 tim of sexual assault. 

23 (c) AGGRAVATING CIRCUMSTANCES.—The regula24 tions under subsection (a) shall specify aggravating cir25 cumstances that increase the gravity of minor collateral 


pbinns on DSKJLVW7X2PROD with BILLS
273 

•S 4049 RS

1 misconduct or its impact on good order and discipline for 

2 purposes of the safe-to-report policy. 

3 (d) TRACKING OF COLLATERAL MISCONDUCT INCI4 DENTS.—In conjunction with the issuance of regulations 

5 under subsection (a), Secretary shall develop and imple6 ment a process to track incidents of minor collateral mis7 conduct that are subject to the safe-to-report policy. 

8 (e) DEFINITIONS.—In this section: 

9 (1) The term ‘‘Armed Forces’’ has the meaning 

10 given that term in section 101(a)(4) of title 10, 

11 United States Code, except such term does not in12 clude the Coast Guard. 

13 (2) The term ‘‘military service academy’’ means 

14 the following: 

15 (A) The United States Military Academy. 

16 (B) The United States Naval Academy. 

17 (C) The United States Air Force Academy. 

18 (3) The term ‘‘minor collateral misconduct’’ 

19 means any minor misconduct that is potentially pun20 ishable under chapter 47 of title 10, United States 

21 Code (the Uniform Code of Military Justice), that— 

22 (A) is committed close in time to or during 

23 the sexual assault, and directly related to the 

24 incident that formed the basis of the sexual as25 sault allegation; 


pbinns on DSKJLVW7X2PROD with BILLS
274 

•S 4049 RS

1 (B) is discovered as a direct result of the 

2 report of sexual assault or the ensuing inves3 tigation into the sexual assault; and 

4 (C) does not involve aggravating cir5 cumstances (as specified in the regulations pre6 scribed under subsection (c)) that increase the 

7 gravity of the minor misconduct or its impact 

8 on good order and discipline. 

9 SEC. 527. ADDITIONAL BASES FOR PROVISION OF ADVICE 

10 BY THE DEFENSE ADVISORY COMMITTEE 

11 FOR THE PREVENTION OF SEXUAL MIS12 CONDUCT. 

13 Section 550B(c)(2) of the National Defense Author14 ization Act for Fiscal Year 2020 (Public Law 116–92) is 

15 amended— 

16 (1) by redesignating subparagraph (C) as sub17 paragraph (E); and 

18 (2) by inserting after subparagraph (B) the fol19 lowing new subparagraphs: 

20 ‘‘(C) Efforts among private employers to 

21 prevent sexual assault and sexual harassment 

22 among their employees. 

23 ‘‘(D) Evidence-based studies on the pre24 vention of sexual assault and sexual harassment 


pbinns on DSKJLVW7X2PROD with BILLS
275 

•S 4049 RS

1 in the Armed Forces, institutions of higher edu2 cation, and the private sector.’’. 

3 SEC. 528. ADDITIONAL MATTERS FOR REPORTS OF THE DE4 FENSE ADVISORY COMMITTEE FOR THE PRE5 VENTION OF SEXUAL MISCONDUCT. 

6 Section 550B(d) of the National Defense Authoriza7 tion Act for Fiscal Year 2020 (Public Law 116–92) is 

8 amended by adding at the end the following: ‘‘The report 

9 shall include the following: 

10 ‘‘(1) A description and assessment of the extent 

11 and effectiveness of the inclusion by the Armed 

12 Forces of sexual assault prevention and response 

13 training in leader professional military education 

14 (PME), especially in such education for personnel in 

15 junior noncommissioned officer grades. 

16 ‘‘(2) An assessment of the feasibility of— 

17 ‘‘(A) the screening of recruits before entry 

18 into military service for prior incidents of sexual 

19 assault and harassment, including through 

20 background checks; and 

21 ‘‘(B) the administration of screening tests 

22 to recruits to assess recruit views and beliefs on 

23 equal opportunity, and whether such views and 

24 beliefs are compatible with military service. 


pbinns on DSKJLVW7X2PROD with BILLS
276 

•S 4049 RS

1 ‘‘(3) An assessment of the feasibility of con2 ducting exit interviews of members of the Armed 

3 Forces upon their discharge release from the Armed 

4 Forces in order to determine whether they experi5 enced or witnessed sexual assault or harassment 

6 during military service and did not report it, and an 

7 assessment of the feasibility of combining such exit 

8 interviews with the Catch a Serial Offender 

9 (CATCH) Program of the Department of Defense. 

10 ‘‘(4) An assessment whether the sexual assault 

11 reporting databases of the Department are suffi12 ciently anonymized to ensure privacy while still pro13 viding military leaders with the information as fol14 lows: 

15 ‘‘(A) The approximate length of time the 

16 victim and the assailant had been at the duty 

17 station at which the sexual assault occurred. 

18 ‘‘(B) The percentage of sexual assaults oc19 curring while the victim or assailant were on 

20 temporary duty, leave, or otherwise away from 

21 their permanent duty station. 

22 ‘‘(C) The number of sexual assaults that 

23 involve an abuse of power by a commander or 

24 supervisor.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
277 

•S 4049 RS

1 SEC. 529. POLICY ON SEPARATION OF VICTIM AND AC2 CUSED AT MILITARY SERVICE ACADEMIES 

3 AND DEGREE-GRANTING MILITARY EDU4 CATIONAL INSTITUTIONS. 

5 (a) IN GENERAL.—The Secretary of Defense shall, 

6 in consultation with the Secretaries of the military depart7 ments, the Superintendent of each military service acad8 emy, and the head of each degree-granting military edu9 cational institution, prescribe in regulations a policy under 

10 which association between a cadet or midshipman of a 

11 military service academy, or a member of the Armed 

12 Forces enrolled in a degree-granting military educational 

13 institution, who is the alleged victim of a sexual assault 

14 and the accused is minimized while both parties complete 

15 their course of study at the academy or institution con16 cerned. 

17 (b) ELEMENTS.—The Secretary of Defense shall en18 sure that the policy developed under subsection (a)— 

19 (1) is fair to the both the alleged victim and the 

20 accused; 

21 (2) provides for the confidentiality of the par22 ties involved; 

23 (3) provide that notice of the policy, including 

24 the elements of the policy and the right to opt out 

25 of coverage by the policy, is provided to the alleged 


pbinns on DSKJLVW7X2PROD with BILLS
278 

•S 4049 RS

1 victim upon the making of an allegation of a sexual 

2 assault covered by the policy; and 

3 (4) provide an alleged victim the right to opt 

4 out of coverage by the policy in connection with such 

5 sexual assault. 

6 (c) MILITARY SERVICE ACADEMY DEFINED.—The 

7 term ‘‘military service academy’’ means the following: 

8 (1) The United States Military Academy. 

9 (2) The United States Naval Academy. 

10 (3) The United States Air Force Academy. 

11 (4) The United States Coast Guard Academy. 

12 SEC. 530. BRIEFING ON PLACEMENT OF MEMBERS OF THE 

13 ARMED FORCES IN ACADEMIC STATUS WHO 

14 ARE VICTIMS OF SEXUAL ASSAULT ONTO 

15 NON-RATED PERIODS. 

16 Not later than 90 days after the date of the enact17 ment of this Act, the Secretary of Defense shall brief the 

18 Committees on Armed Services of the Senate and the 

19 House of Representatives on the feasibility and advis20 ability, and current practice (if any), of the Department 

21 of Defense of granting requests by members of the Armed 

22 Forces who are in academic status (whether at the mili23 tary service academies or in developmental education pro24 grams) and who are victims of sexual assault to be placed 

25 on a Non-Rated Period for their performance report. 


pbinns on DSKJLVW7X2PROD with BILLS
279 

•S 4049 RS

1 PART II—OTHER MILITARY JUSTICE MATTERS 

2 SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OFFENSES 

3 UNDER THE UNIFORM CODE OF MILITARY 

4 JUSTICE REGARDING CERTAIN POST-TRIAL 

5 MOTIONS, FILINGS, AND HEARINGS. 

6 Section 806b(a)(2) of title 10, United States Code 

7 (article 6b(a)(2)) of the Uniform Code of Military Jus8 tice), is amended— 

9 (1) by redesignating subparagraphs (D) and 

10 (E) as subparagraphs (E) and (F), respectively; and 

11 (2) by inserting after subparagraph (C) the fol12 lowing new subparagraph (D): 

13 ‘‘(D) A post-trial motion, filing, or hearing 

14 that may address the finding or sentence of a 

15 court-martial with respect to the accused, 

16 unseal privileged or private information of the 

17 victim, or result in the release of the accused.’’. 

18 SEC. 532. CONSIDERATION OF THE EVIDENCE BY COURTS 

19 OF CRIMINAL APPEALS. 

20 (a) IN GENERAL.—Section 866 of title 10, United 

21 States Code (article 66 of the Uniform Code of Military 

22 Justice), is amended— 

23 (1) by redesignating subsections (e) through (j) 

24 as subsections (f) through (k), respectively; and 

25 (2) by inserting after subsection (d) the fol26 lowing new subsection (e): 


pbinns on DSKJLVW7X2PROD with BILLS
280 

•S 4049 RS

1 ‘‘(e) CONSIDERATION OF THE EVIDENCE.— 

2 ‘‘(1) IN GENERAL.—In an appeal of a finding 

3 of guilty under subsection (b), the Court of Criminal 

4 Appeals, upon request of the accused, may consider 

5 the weight of the evidence upon a specific showing 

6 by the accused of deficiencies in proof. The Court 

7 may set aside and dismiss a finding if clearly con8 vinced that the finding was against the weight of the 

9 evidence. The Court may affirm a lesser finding. A 

10 rehearing may not be ordered. 

11 ‘‘(2) DEFERENCE IN CONSIDERATION.—When 

12 considering a case under subsection (b), the Court 

13 may weigh the evidence and determine controverted 

14 questions of fact, subject to— 

15 ‘‘(A) appropriate deference to the fact that 

16 the court-martial saw and heard the witnesses 

17 and other evidence; and 

18 ‘‘(B) appropriate deference to findings of 

19 fact entered into the record by the military 

20 judge.’’. 

21 (b) ADDITIONAL QUALIFICATIONS OF APPELLATE

22 MILITARY JUDGES.—Subsection (a) of such section (arti23 cle) is amended— 

24 (1) by inserting ‘‘(1)’’ before ‘‘Each judge’’; 

25 and 


pbinns on DSKJLVW7X2PROD with BILLS
281 

•S 4049 RS

1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2)(A) In addition to any other qualifications speci4 fied in paragraph (1), any commissioned officer assigned 

5 as an appellate military judge to a Court of Criminal Ap6 peals shall have not fewer than 12 years of experience in 

7 military justice assignments before such assignment, and 

8 any civilian so assigned shall have not fewer than 12 years 

9 as a judge or criminal trial attorney before such assign10 ment. 

11 ‘‘(B) A Judge Advocate General may waive the re12 quirement in subparagraph (A) in connection with the as13 signment of an officer or civilian as an appellate military 

14 judge of a Court of Criminal Appeals if the Judge Advo15 cate General determines that compliance with the require16 ment in the assignment of appellate military judges to a 

17 Court of Criminal Appeals will impair the ability of the 

18 Court to hear and decide appeals in a timely manner. 

19 ‘‘(C) Not later than 120 days after waiving the re20 quirement in subparagraph (A) pursuant to subparagraph 

21 (B), the Judge Advocate General shall notify the congres22 sional defense committees of the waiver, and include with 

23 the notice an explanation for the shortage of appellate 

24 military judges and a plan for addressing such shortage.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
282 

•S 4049 RS

1 (c) REVIEW BY FULL COURT OF FINDING OF CON2 VICTION AGAINST WEIGHT OF EVIDENCE.—Subsection 

3 (e) of such section (article), as amended by subsection (a) 

4 of this section, is further is amended by adding at the end 

5 the following new paragraph: 

6 ‘‘(3) REVIEW BY FULL COURT OF FINDING OF

7 CONVICTION AGAINST WEIGHT OF EVIDENCE.—Any 

8 determination by the Court that a finding was clear9 ly against the weight of the evidence under para10 graph (1) shall be reviewed by the Court sitting as 

11 a whole.’’. 

12 SEC. 533. PRESERVATION OF RECORDS OF THE MILITARY 

13 JUSTICE SYSTEM. 

14 Section 940a of title 10, United States Code (article 

15 140a of the Uniform Code of Military Justice), is amended 

16 by adding at the end the following new subsection: 

17 ‘‘(d) PRESERVATION OF RECORDS WITHOUT RE18 GARD TO OUTCOME.—The standards and criteria pre19 scribed established by the Secretary of Defense under sub20 section (a) shall provide for the preservation of records, 

21 without regard to the outcome of the proceeding con22 cerned, for not fewer than 15 years.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
283 

•S 4049 RS

1 SEC. 534. COMPTROLLER GENERAL OF THE UNITED 

2 STATES REPORT ON IMPLEMENTATION BY 

3 THE ARMED FORCES OF RECENT GAO REC4 OMMENDATIONS AND STATUTORY REQUIRE5 MENTS ON ASSESSMENT OF RACIAL, ETHNIC, 

6 AND GENDER DISPARITIES IN THE MILITARY 

7 JUSTICE SYSTEM. 

8 (a) REPORT REQUIRED.—The Comptroller General 

9 of the United States shall submit to the Committees on 

10 Armed Services of the Senate and the House of Represent11 atives a report, in writing, on a study, conducted by the 

12 Comptroller General for purposes of the report, on the im13 plementation by the Armed Forces of the following: 

14 (1) The recommendations in the May 2019 re15 port of the General Accountability Office entitled 

16 ‘‘Military Justice: DOD and the Coast Guard Need 

17 to Improve Their Capabilities to Assess Racial and 

18 Gender Disparities’’ (GAO–19–344). 

19 (2) Requirements in section 540I(b) of the Na20 tional Defense Authorization Act for Fiscal Year 

21 2020 (Public Law 116–92), relating to assessments 

22 covered by such recommendations. 

23 (b) ELEMENTS.—The report required by subsection 

24 (a) shall include, for each recommendation and require25 ment specified in that subsection, the following: 


pbinns on DSKJLVW7X2PROD with BILLS
284 

•S 4049 RS

1 (1) A description of the actions taken or 

2 planned by the Department of Defense, the military 

3 department concerned, or the Armed Force con4 cerned to implement such recommendation or re5 quirement. 

6 (2) An assessment of the extent to which the 

7 actions taken to implement such recommendation or 

8 requirement, as described pursuant to paragraph 

9 (1), are effective or meet the intended objective. 

10 (3) Any other matters in connection with such 

11 recommendation or requirement, and the implemen12 tation of such recommendation or requirement by 

13 the Armed Forces, that the Comptroller General 

14 considers appropriate. 

15 (c) BRIEFINGS.—Not later than May 1, 2021, the 

16 Comptroller General shall provide the committees referred 

17 to in subsection (a) one or more briefings on the status 

18 of the study required by that subsection, including any 

19 preliminary findings and recommendations of the Comp20 troller General as a result of the study as of the date of 

21 such briefing. 


pbinns on DSKJLVW7X2PROD with BILLS
285 

•S 4049 RS

1 SEC. 535. BRIEFING ON MENTAL HEALTH SUPPORT FOR VI2 CARIOUS TRAUMA FOR CERTAIN PERSONNEL 

3 IN THE MILITARY JUSTICE SYSTEM. 

4 (a) BRIEFING REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Judge Ad6 vocates General of the Army, the Navy, and the Air Force 

7 and the Staff Judge Advocate to the Commandant of the 

8 Marine Corps shall jointly brief the Committees on Armed 

9 Services of the Senate and the House of Representatives 

10 on the mental health support for vicarious trauma pro11 vided to personnel in the military justice system specified 

12 in subsection (b). 

13 (b) PERSONNEL.—The personnel specified in this 

14 subsection are the following: 

15 (1) Trial counsel. 

16 (2) Defense counsel. 

17 (3) Special Victims’ Counsel. 

18 (4) Military investigative personnel. 

19 (c) ELEMENTS.—The briefing required by subsection 

20 (a) shall include the following: 

21 (1) A description and assessment of the mental 

22 health support for vicarious trauma provided to per23 sonnel in the military justice system specified in sub24 section (b), including a description of the support 

25 services available and the support services being 

26 used. 


pbinns on DSKJLVW7X2PROD with BILLS
286 

•S 4049 RS

1 (2) A description and assessment of mecha2 nisms to eliminate or reduce stigma in the pursuit 

3 by such personnel of such mental health support. 

4 (3) An assessment of the feasibility and advis5 ability of providing such personnel with breaks be6 tween assignments or cases as part of such mental 

7 health support in order to reduce the effects of vi8 carious trauma. 

9 (4) A description and assessment of the extent, 

10 if any, to which duty of such personnel on particular 

11 types of cases, or in particular caseloads, contributes 

12 to vicarious trauma, and of the extent, if any, to 

13 which duty on such cases or caseloads has an effect 

14 on retention of such personnel in the Armed Forces. 

15 (5) A description of the extent, if any, to which 

16 such personnel are screened or otherwise assessed 

17 for vicarious trauma before discharge or release 

18 from the Armed Forces. 

19 (6) Such other matters in connection with the 

20 provision of mental health support for vicarious 

21 trauma to such personnel as the Judge Advocates 

22 General and the Staff Judge Advocate jointly con23 sider appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
287 

•S 4049 RS

1 SEC. 536. GUARDIAN AD LITEM PROGRAM FOR MINOR DE2 PENDENTS OF MEMBERS OF THE ARMED 

3 FORCES. 

4 Section 540L(b)(1) of the National Defense Author5 ization Act for Fiscal Year 2020 (Public Law 116–92; 133 

6 Stat. 1373) is amended by adding before the period at 

7 the end the following: ‘‘, including an assessment of the 

8 feasibility and advisability of establishing a guardian ad 

9 litem program for military dependents living outside the 

10 United States’’. 

11 Subtitle E—Member Education, 

12 Training, Transition, and Resil13 ience 

14 SEC. 541. TRAINING ON RELIGIOUS ACCOMMODATION FOR 

15 MEMBERS OF THE ARMED FORCES. 

16 (a) IN GENERAL.—As recommended on page 149 of 

17 the Report of the Committee on Armed Services of the 

18 Senate to Accompany S. 1519 (115th Congress) (Senate 

19 Report 115–125), the Secretary of Defense shall develop 

20 and implement training on Federal statutes, Department 

21 of Defense instructions, and the regulations of each 

22 Armed Force regarding religious liberty and accommoda23 tion for members of the Armed Forces, including the re24 sponsibility of commanders to maintain good order and 

25 discipline. 


pbinns on DSKJLVW7X2PROD with BILLS
288 

•S 4049 RS

1 (b) CONSULTATION.—The Secretary develop and im2 plement the training required by subsection (a) in con3 sultation with the following: 

4 (1) The General Counsel of the Department of 

5 Defense. 

6 (2) The Judge Advocate General of the Army, 

7 the Judge Advocate General of the Navy, and the 

8 Judge Advocate General of the Air Force. 

9 (3) The Chief of Chaplains of the Army, the 

10 Chief of Chaplains of the Navy, and the Chief of 

11 Chaplains of the Air Force. 

12 (c) CONTENTS.—The content of the training shall be 

13 consistent with and include coverage of each of the fol14 lowing: 

15 (1) The Religious Freedom Restoration Act of 

16 1993 (42 U.S.C. 2000bb et seq.). 

17 (2) Section 533 of the National Defense Au18 thorization Act for Fiscal Year 2013 (10 U.S.C. 

19 prec. 1030 note). 

20 (3) Section 528 of the National Defense Au21 thorization Act for Fiscal Year 2016 (Public Law 

22 114–92; 129 Stat. 814). 

23 (d) IMPLEMENTATION.— 


pbinns on DSKJLVW7X2PROD with BILLS
289 

•S 4049 RS

1 (1) RECIPIENTS.—The recipients of training 

2 developed under subsection (a) shall include the fol3 lowing at all levels of command: 

4 (A) Commanders 

5 (B) Chaplains. 

6 (C) Judge advocates. 

7 (D) Such other members of the Armed 

8 Forces as the Secretary considers appropriate. 

9 (2) COMMENCEMENT.—The provision of train10 ing developed under subsection (a) shall commence 

11 not later than one year after the date of the enact12 ment of this Act. 

13 SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CERTIFI14 CATIONS ON THE READY, RELEVANT LEARN15 ING INITIATIVE OF THE NAVY. 

16 (a) ADDITIONAL ELEMENTS.—In submitting to Con17 gress in 2021 the certifications required by section 545 

18 of the National Defense Authorization Act for Fiscal Year 

19 2018 (Public Law 115–91; 131 Stat. 1396; 10 U.S.C. 

20 8431 note prec.), relating to the Ready, Relevant Learning 

21 initiative of the Navy, the Secretary of the Navy shall also 

22 submit each of the following: 

23 (1) A life cycle sustainment plan for the Ready, 

24 Relevant Learning initiative meeting the require25 ments in subsection (b). 


pbinns on DSKJLVW7X2PROD with BILLS
290 

•S 4049 RS

1 (2) A report on the use of readiness assessment 

2 teams in training addressing the elements specified 

3 in subsection (c). 

4 (b) LIFE CYCLE SUSTAINMENT PLAN.—The life cycle 

5 sustainment plan required by subsection (a)(1) shall in6 clude a description of the approved life cycle sustainment 

7 plan for the Ready, Relevant Learning initiative, including 

8 with respect to each of the following: 

9 (1) Product support management. 

10 (2) Supply support. 

11 (3) Packaging, handling, storage, and transpor12 tation. 

13 (4) Maintenance planning and management. 

14 (5) Design interface. 

15 (6) Sustainment engineering. 

16 (7) Technical data. 

17 (8) Computer resources. 

18 (9) Facilities and infrastructure. 

19 (10) Manpower and personnel. 

20 (11) Support equipment. 

21 (12) Training and training support. 

22 (13) Governance, including the acquisition and 

23 program management structure. 


pbinns on DSKJLVW7X2PROD with BILLS
291 

•S 4049 RS

1 (14) Such other elements in the life cycle 

2 sustainment of the Ready, Relevant Learning initia3 tive as the Secretary considers appropriate. 

4 (c) REPORT ON USE OF READINESS ASSESSMENT

5 TEAMS.—The report required by subsection (a)(2) shall 

6 set forth the following: 

7 (1) A description and assessment of the extent 

8 to which the Navy is currently using Engineering 

9 Readiness Assessment Teams (ERAT) and Combat 

10 Systems Readiness Assessment Teams (CSRAT) to 

11 conduct unit-level training and assistance in each ca12 pacity as follows: 

13 (A) To augment non-Ready, Relevant 

14 Learning initiative training. 

15 (B) As part of Ready, Relevant Learning 

16 initiative training. 

17 (C) To train students on legacy, obsolete, 

18 one of a kind, or unique systems that are still 

19 widely used by the Navy. 

20 (D) To train students on military-specific 

21 systems that are not found in the commercial 

22 maritime world. 

23 (2) A description and assessment of potential 

24 benefits, and anticipated timelines and costs, in ex25 panding Engineering Readiness Assessment Team 


pbinns on DSKJLVW7X2PROD with BILLS
292 

•S 4049 RS

1 and Combat Systems Readiness Assessment Team 

2 training in the capacities specified in paragraph (1). 

3 (3) Such other matters in connection with the 

4 use of readiness assessment teams in connection 

5 with the Ready, Relevant Learning initiative as the 

6 Secretary considers appropriate. 

7 SEC. 543. REPORT ON STANDARDIZATION AND POTENTIAL 

8 MERGER OF LAW ENFORCEMENT TRAINING 

9 FOR MILITARY AND CIVILIAN PERSONNEL 

10 ACROSS THE DEPARTMENT OF DEFENSE. 

11 (a) REPORT REQUIRED.—Not later than June 8, 

12 2021, the Secretary of Defense shall submit to the Com13 mittees on Armed Services of the Senate and the House 

14 of Representatives a report on the standardization and po15 tential merger of law enforcement training for military 

16 and civilian personnel across the Department of Defense, 

17 including training of military or civilian personnel of the 

18 Department designated in accordance with section 2762 

19 of title 10, United States Code, to protect buildings, 

20 grounds, and property under the jurisdiction, custody, or 

21 control of the Department and the persons on such prop22 erty. 

23 (b) ELEMENTS.—In developing the report required 

24 by subsection (a), the Secretary shall do, and include in 

25 the report the results of, the following: 


pbinns on DSKJLVW7X2PROD with BILLS
293 

•S 4049 RS

1 (1) Identify and assess current law enforcement 

2 training courses, schools, and programs of the 

3 Armed Forces that have the flexibility and capacity 

4 to support the training referred to in subsection (a) 

5 through common training standards. 

6 (2) Identify and assess current Department law 

7 enforcement training courses, schools, and programs 

8 that are affiliated with or accredited by third parties 

9 (including both governmental and private entities), 

10 including an assessment of the value derived from 

11 such affiliation or accreditation to the training re12 ferred to in subsection (a). 

13 (3) Identify emerging law enforcement training 

14 requirements that are common among the Armed 

15 Forces and other Department law enforcement com16 ponents and are currently unmet by the Armed 

17 Forces or such components. 

18 (4) Assess the feasibility, advisability, and suit19 ability of incorporating standardized and merged 

20 field and operational training in military law en21 forcement mission areas, including area security op22 erations, law and order operations, internment and 

23 resettlement operations, and police intelligence oper24 ations, in the training provided to all Armed Forces 

25 and other Department law enforcement components. 


pbinns on DSKJLVW7X2PROD with BILLS
294 

•S 4049 RS

1 (5) Identify and assess Department courses, 

2 programs, or institutions with the capability to sup3 port law enforcement training or information shar4 ing between Department military and civilian law 

5 enforcement components and State, county, and 

6 local law enforcement agencies, with the capability to 

7 support law enforcement components of the National 

8 Guard and other reserve components of the Armed 

9 Forces, or with both such capabilities. 

10 (6) Assess the feasibility, advisability, and suit11 ability of standardizing and merging the training re12 ferred to in subsection (a) across the Department, 

13 including an assessment of the costs of such stand14 ardization and merger. 

15 (7) Any other matters the Secretary considers 

16 appropriate. 

17 SEC. 544. QUARTERLY REPORTS ON IMPLEMENTATION OF 

18 RECOMMENDATIONS OF THE COMPREHEN19 SIVE REVIEW OF SPECIAL OPERATIONS 

20 FORCES CULTURE AND ETHICS. 

21 (a) QUARTERLY REPORTS REQUIRED.—Not later 

22 than March 1, 2021, and every 90 days thereafter through 

23 March 1, 2024, the Assistant Secretary of Defense for 

24 Special Operations and Low Intensity Conflict shall, in co25 ordination with the Commander of the United States SpeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
295 

•S 4049 RS

1 cial Operations Command, submit to the congressional de2 fense committees a report on the current status of the im3 plementation of the actions recommended as a result of 

4 the Comprehensive Review of Special Operations Forces 

5 Culture and Ethics. 

6 (b) ELEMENTS.—Each report under subsection (a) 

7 shall include the following: 

8 (1) A list of the actions required as of the date 

9 of such report to complete full implementation of 

10 each of the 16 actions recommended by the Com11 prehensive Review referred to in subsection (a). 

12 (2) An identification of the office responsible 

13 for completing each action listed pursuant to para14 graph (1), and an estimated timeline for completion 

15 of such action. 

16 (3) If completion of any action listed pursuant 

17 to paragraph (1) requires resources or actions for 

18 which authorization by statute is required, a rec19 ommendation for legislative action for such author20 ization. 

21 (4) Any other matters the Assistant Secretary 

22 or the Commander considers appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
296 

•S 4049 RS

1 SEC. 545. INFORMATION ON NOMINATIONS AND APPLICA2 TIONS FOR MILITARY SERVICE ACADEMIES. 

3 (a) REPORT ON CONGRESSIONAL NOMINATIONS POR4 TAL.— 

5 (1) IN GENERAL.—Not later than one year 

6 after the date of the enactment of this Act, the Sec7 retary of Defense shall, in consultation with the Su8 perintendents of the military service academies, sub9 mit to the Committees on Armed Services of the 

10 Senate and the House of Representatives a report 

11 setting forth an assessment of the feasibility and ad12 visability of a uniform online portal for all military 

13 service academies that enables Members of Congress 

14 to nominate individuals for appointment to each 

15 academy through a secure website. 

16 (2) INFORMATION COLLECTION AND REPORT17 ING.—For purposes of preparing the report required 

18 by paragraph (1), the Secretary shall treat the on19 line portal described in that paragraph as permitting 

20 the collection, from each Member of Congress, of the 

21 demographic information described in subsection (b) 

22 for each individual nominated by the Member. 

23 (3) AVAILABILITY OF INFORMATION.—For pur24 poses of preparing the report, the Secretary shall 

25 treat the online portal as permitting Members of 


pbinns on DSKJLVW7X2PROD with BILLS
297 

•S 4049 RS

1 Congress and their designees to view past nomina2 tion records for all application cycles. 

3 (4) MATTERS IN CONNECTION WITH ESTAB4 LISHMENT OF PORTAL.—If the Secretary determines 

5 that the online portal is feasible and advisable, the 

6 report shall include— 

7 (A) a comprehensive description of the on8 line portal; and 

9 (B) such recommendations for legislative 

10 and administrative action as the Secretary con11 siders appropriate to establish and maintain the 

12 online portal. 

13 (b) STANDARD CLASSIFICATIONS FOR COLLECTION

14 OF DEMOGRAPHIC DATA.— 

15 (1) STANDARDS REQUIRED.—The Secretary of 

16 Defense shall, in consultation with the Superintend17 ents of the military service academies, establish 

18 standard classifications that cadets, midshipmen, 

19 and applicants to the academies may use to self20 identify gender, race, and ethnicity and to provide 

21 other demographic information in connection with 

22 admission to or enrollment in an academy. 

23 (2) CONSISTENCY WITH OMB GUIDANCE.—The 

24 standard classifications established under paragraph 

25 (1) shall be consistent with the standard classificaVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
298 

•S 4049 RS

1 tions specified in Office of Management and Budget 

2 Directive No. 15 (pertaining to race and ethnic 

3 standards for Federal statistics and administrative 

4 reporting) or any successor directive. 

5 (3) INCORPORATION INTO APPLICATIONS AND

6 RECORDS.—Not later than one year after the date of 

7 the enactment of this Act, the Secretary shall incor8 porate the standard classifications established under 

9 paragraph (1) into— 

10 (A) applications for admission to the mili11 tary service academies; and 

12 (B) the military personnel records of ca13 dets and midshipmen enrolled in such acad14 emies. 

15 (c) MILITARY SERVICE ACADEMY DEFINED.—In this 

16 section, the term ‘‘military service academy’’ means— 

17 (1) the United States Military Academy; 

18 (2) the United States Naval Academy; and 

19 (3) the United States Air Force Academy. 


pbinns on DSKJLVW7X2PROD with BILLS
299 

•S 4049 RS

1 SEC. 546. PILOT PROGRAMS IN CONNECTION WITH SENIOR 

2 RESERVE OFFICERS’ TRAINING CORPS UNITS 

3 AT HISTORICALLY BLACK COLLEGES AND 

4 UNIVERSITIES AND MINORITY INSTITUTIONS. 

5 (a) PILOT PROGRAMS AUTHORIZED.—The Secretary 

6 of Defense may carry out either or both of the pilot pro7 grams as follows: 

8 (1) A pilot program, with elements as provided 

9 for in subsection (c), at covered institutions in order 

10 to assess the feasibility and advisability of mecha11 nisms to reduce barriers to participation in the Sen12 ior Reserve Officers’ Training Corps at such institu13 tions by creating partnerships between satellite or 

14 extension Senior Reserve Officers’ Training Corps 

15 units at such institutions and military installations. 

16 (2) A pilot program, with elements as provided 

17 for in subsection (d), in order to assess the feasi18 bility and advisability of the provision of financial 

19 assistance to members of the Senior Reserve Offi20 cers’ Training Corps at covered institutions for par21 ticipation in flight training. 

22 (b) DURATION.—The duration of each pilot program 

23 under subsection (a) may not exceed five years. 

24 (c) PILOT PROGRAM ON PARTNERSHIPS BETWEEN

25 SATELLITE OR EXTENSION SROTC UNITS AND MILITARY

26 INSTALLATIONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
300 

•S 4049 RS

1 (1) PARTICIPATING INSTITUTIONS.—The Sec2 retary of Defense shall carry out the pilot program 

3 authorized by subsection (a)(1) at not fewer than 

4 five covered institutions selected by the Secretary for 

5 purposes of the pilot program. 

6 (2) REQUIREMENTS FOR SELECTION.—Each 

7 covered institution selected by the Secretary for pur8 poses of the pilot program authorized by subsection 

9 (a)(1) shall— 

10 (A) currently maintain a satellite or exten11 sion Senior Reserve Officers’ Training Corps 

12 unit under chapter 103 of title 10, United 

13 States Code, that is located more than 20 miles 

14 from the host unit of such unit; or 

15 (B) establish and maintain a satellite or 

16 extension Senior Reserve Officers’ Training 

17 Corps unit that meets the requirements in sub18 paragraph (A). 

19 (3) PREFERENCE IN SELECTION OF INSTITU20 TIONS.—In selecting covered institutions under this 

21 subsection for participation in the pilot program au22 thorized by subsection (a)(1), the Secretary shall 

23 give preference to covered institutions that are lo24 cated within 20 miles of a military installation of the 

25 same Armed Force as the host unit of the Senior 


pbinns on DSKJLVW7X2PROD with BILLS
301 

•S 4049 RS

1 Reserve Officers’ Training Corp of the covered insti2 tution concerned. 

3 (4) PARTNERSHIP ACTIVITIES.—The activities 

4 conducted under the pilot program authorized by 

5 subsection (a)(1) between a satellite or extension 

6 Senior Reserve Officers’ Training Corps unit and 

7 the military installation concerned shall include such 

8 activities designed to reduce barriers to participation 

9 in the Senior Reserve Officers’ Training Corps at 

10 the covered institution concerned as the Secretary 

11 considers appropriate, including measures to miti12 gate travel time and expenses in connection with re13 ceipt of Senior Reserve Officers’ Training Corps in14 struction. 

15 (d) PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR

16 SROTC MEMBERS FOR FLIGHT TRAINING.— 

17 (1) ELIGIBILITY FOR PARTICIPATION BY SROTC

18 MEMBERS.—A member of a Senior Reserve Officers’ 

19 Training Corps unit at a covered institution may 

20 participate in the pilot program authorized by sub21 section (a)(2) if the member meets such academic 

22 requirements at the covered institution, and such 

23 other requirements, as the Secretary shall establish 

24 for purposes of the pilot program. 


pbinns on DSKJLVW7X2PROD with BILLS
302 

•S 4049 RS

1 (2) PREFERENCE IN SELECTION OF PARTICI2 PANTS.—In selecting members under this subsection 

3 for participation in the pilot program authorized by 

4 subsection (a)(2), the Secretary shall give a pref5 erence to members who will pursue flight training 

6 under the pilot program at a covered institution. 

7 (3) FINANCIAL ASSISTANCE FOR FLIGHT TRAIN8 ING.— 

9 (A) IN GENERAL.—The Secretary may 

10 provide any member of a Senior Reserve Offi11 cers’ Training Corps who participates in the 

12 pilot program authorized by subsection (a)(2) 

13 financial assistance to defray, whether in whole 

14 or in part, the charges and fees imposed on the 

15 member for flight training. 

16 (B) FLIGHT TRAINING.—Financial assist17 ance may be used under subparagraph (A) for 

18 a course of flight training only if the course 

19 meets Federal Aviation Administration stand20 ards and is approved by the Federal Aviation 

21 Administration and the applicable State approv22 ing agency. 

23 (C) USE.—Financial assistance received by 

24 a member under subparagraph (A) may be used 


pbinns on DSKJLVW7X2PROD with BILLS
303 

•S 4049 RS

1 only to defray the charges and fees imposed on 

2 the member as described in that subparagraph. 

3 (D) CESSATION OF ELIGIBILITY.—Finan4 cial assistance may not be provided to a mem5 ber under subparagraph (A) as follows: 

6 (i) If the member ceases to meet the 

7 academic and other requirements estab8 lished pursuant to paragraph (1). 

9 (ii) If the member ceases to be a 

10 member of the Senior Reserve Officers’ 

11 Training Corps. 

12 (e) EVALUATION METRICS.—The Secretary of De13 fense shall establish metrics to evaluate the effectiveness 

14 of the pilot programs under subsection (a). 

15 (f) REPORTS.— 

16 (1) INITIAL REPORT.—Not later than 180 days 

17 after the commencement of the pilot programs under 

18 subsection (a), the Secretary of Defense shall submit 

19 to the Committees on Armed Services of the Senate 

20 and the House of Representatives a report on the 

21 pilot programs. The report shall include the fol22 lowing: 

23 (A) A description of each pilot program, 

24 including in the case of the pilot program under 


pbinns on DSKJLVW7X2PROD with BILLS
304 

•S 4049 RS

1 subsection (a)(2) the requirements established 

2 pursuant to subsection (d)(1). 

3 (B) The evaluation metrics established 

4 under subsection (e). 

5 (C) Such other matters relating to the 

6 pilot programs as the Secretary considers ap7 propriate. 

8 (2) ANNUAL REPORT.—Not later than 90 days 

9 after the end of each fiscal year in which the Sec10 retary carries out the pilot programs, the Secretary 

11 shall submit to the Committees on Armed Services 

12 of the Senate and the House of Representatives a 

13 report on the pilot programs during such fiscal year. 

14 Each report shall include, for the fiscal year covered 

15 by such report, the following: 

16 (A) In the case of the pilot program under 

17 subsection (a)(1), a description of the partner18 ships between satellite or extension Senior Re19 serve Officers’ Training Corps units and mili20 tary installations under the pilot program. 

21 (B) In the case of the pilot program under 

22 subsection (a)(2), the following: 

23 (i) The number of members of Senior 

24 Reserve Officers’ Training Corps units at 

25 covered institutions selected for purposes 


pbinns on DSKJLVW7X2PROD with BILLS
305 

•S 4049 RS

1 of the pilot program, including the number 

2 of such members participating in the pilot 

3 program. 

4 (ii) The number of recipients of finan5 cial assistance provided under the pilot 

6 program, including the number who— 

7 (I) completed a ground school 

8 course of instruction in connection 

9 with obtaining a private pilot’s certifi10 cate; 

11 (II) completed flight training, 

12 and the type of training, certificate, or 

13 both received; 

14 (III) were selected for a pilot 

15 training slot in the Armed Forces; 

16 (IV) initiated pilot training in the 

17 Armed Forces; or 

18 (V) successfully completed pilot 

19 training in the Armed Forces. 

20 (iii) The amount of financial assist21 ance provided under the pilot program, 

22 broken out by covered institution, course of 

23 study, and such other measures as the Sec24 retary considers appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
306 

•S 4049 RS

1 (C) Data collected in accordance with the 

2 evaluation metrics established under subsection 

3 (e). 

4 (3) FINAL REPORT.—Not later than 180 days 

5 prior to the completion of the pilot programs, the 

6 Secretary shall submit to the Committees on Armed 

7 Services of the Senate and the House of Representa8 tives a report on the pilot programs. The report 

9 shall include the following: 

10 (A) A description of the pilot programs. 

11 (B) An assessment of the effectiveness of 

12 each pilot program. 

13 (C) A description of the cost of each pilot 

14 program, and an estimate of the cost of making 

15 each pilot program permanent. 

16 (D) An estimate of the cost of expanding 

17 each pilot program throughout all eligible Sen18 ior Reserve Officers’ Training Corps units. 

19 (E) Such recommendations for legislative 

20 or administrative action as the Secretary con21 siders appropriate in light of the pilot pro22 grams, including recommendations for extend23 ing or making permanent the authority for each 

24 pilot program. 

25 (g) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with BILLS
307 

•S 4049 RS

1 (1) The term ‘‘covered institution’’ has the 

2 meaning given that term in section 262(g)(2) of the 

3 National Defense Authorization Act for Fiscal Year 

4 2020 (Public Law 116–92). 

5 (2) The term ‘‘flight training’’ means a course 

6 of instruction toward obtaining any of the following: 

7 (A) A private pilot’s certificate. 

8 (B) A commercial pilot certificate. 

9 (C) A certified flight instructor certificate. 

10 (D) A multi-crew pilot’s license. 

11 (E) A flight instrument rating. 

12 (F) Any other certificate, rating, or pilot 

13 privilege the Secretary considers appropriate for 

14 purposes of this section. 

15 (3) The term ‘‘military installation’’ means an 

16 installation of the Department of Defense for the 

17 regular components of the Armed Forces. 

18 SEC. 547. EXPANSION OF JUNIOR RESERVE OFFICERS’ 

19 TRAINING CORPS PROGRAM. 

20 (a) EXPANSION OF JROTC CURRICULUM.—Section 

21 2031(a)(2) of title 10, United States Code, is amended 

22 by inserting after ‘‘service to the United States’’ the fol23 lowing: ‘‘(including an introduction to service opportuni24 ties in military, national, and public service)’’. 


pbinns on DSKJLVW7X2PROD with BILLS
308 

•S 4049 RS

1 (b) PLAN TO INCREASE NUMBER OF JROTC 

2 UNITS.—The Secretary of Defense shall, in consultation 

3 with the Secretaries of the military departments, develop 

4 and implement a plan to establish and support not fewer 

5 than 6,000 units of the Junior Reserve Officers’ Training 

6 Corps by September 30, 2031. 

7 SEC. 548. DEPARTMENT OF DEFENSE STARBASE PROGRAM. 

8 Section 2193b(h) of title 10, United States Code, is 

9 amended by inserting ‘‘the Commonwealth of the North10 ern Mariana Islands, American Samoa,’’ before ‘‘and 

11 Guam’’. 

12 Subtitle F—Decorations and 

13 Awards 

14 SEC. 551. AWARD OR PRESENTATION OF DECORATIONS FA15 VORABLY RECOMMENDED FOLLOWING DE16 TERMINATION ON MERITS OF PROPOSALS 

17 FOR DECORATIONS NOT PREVIOUSLY SUB18 MITTED IN A TIMELY FASHION. 

19 (a) AWARD OR PRESENTATION AUTHORIZED.—Sec20 tion 1130 of title 10, United States Code, is amended— 

21 (1) by redesignating subsection (d) as sub22 section (e); and 

23 (2) by inserting after subsection (c) the fol24 lowing new subsection (d): 


pbinns on DSKJLVW7X2PROD with BILLS
309 

•S 4049 RS

1 ‘‘(d)(1) A decoration may be awarded or presented 

2 following the submission of a favorable recommendation 

3 for the award or presentation of the decoration under sub4 section (b). 

5 ‘‘(2) An award or presentation of a decoration under 

6 paragraph (1) may not occur before the end of the 60- 

7 day period beginning on the date of the submission under 

8 subsection (b) of the favorable recommendation regarding 

9 the award or presentation of the decoration. 

10 ‘‘(3) The authority to make an award or presentation 

11 of a decoration under this subsection shall apply notwith12 standing any limitation described in subsection (a).’’. 

13 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

14 (1) SECTION HEADING.—The heading of section 

15 1130 of such title is amended to read as follows: 

16 ‘‘§ 1130. Consideration of proposals for decorations 

17 not previously submitted in timely fash18 ion: procedures for review and award or 

19 presentation’’. 

20 (2) TABLE OF SECTIONS.—The table of sections 

21 at the beginning of chapter 57 of such title is 

22 amended by striking the item relating to section 

23 1130 and inserting the following new item: 

‘‘1130. Consideration of proposals for decorations not previously submitted in 

timely fashion: procedures for review and award or presentation.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
310 

•S 4049 RS

1 SEC. 552. HONORARY PROMOTION MATTERS. 

2 (a) HONORARY PROMOTIONS ON INITIATIVE OF

3 DOD.—Chapter 80 of title 10, United States Code, is 

4 amended by inserting after section 1563 the following new 

5 section: 

6 ‘‘§ 1563a. Honorary promotions on the initiative of 

7 the Department of Defense 

8 ‘‘(a) IN GENERAL.—(1) Under regulations prescribed 

9 by the Secretary of Defense, the Secretary may make an 

10 honorary promotion (whether or not posthumous) of a 

11 former member or retired member of the armed forces to 

12 any grade not exceeding the grade of major general, rear 

13 admiral (upper half), or an equivalent grade in the Space 

14 Force if the Secretary determines that the promotion is 

15 merited. 

16 ‘‘(2) The authority to make an honorary promotion 

17 under this subsection shall apply notwithstanding that the 

18 promotion is not otherwise authorized by law. 

19 ‘‘(b) NOTICE TO CONGRESS.—The Secretary may not 

20 make an honorary promotion pursuant to subsection (a) 

21 until 60 days after the date on which the Secretary sub22 mits to the Committees on Armed Services of the Senate 

23 and the House of Representatives a notice of the deter24 mination to make the promotion, including a detailed dis25 cussion of the rationale supporting the determination. 


pbinns on DSKJLVW7X2PROD with BILLS
311 

•S 4049 RS

1 ‘‘(c) NOTICE OF PROMOTION.—Upon making an hon2 orary promotion pursuant to subsection (a), the Secretary 

3 shall expeditiously notify the former member or retired 

4 member concerned, or the next of kin of such former mem5 ber or retired member if such former member or retired 

6 member is deceased, of the promotion. 

7 ‘‘(d) NATURE OF PROMOTION.—Any promotion pur8 suant to this section is honorary, and shall not affect the 

9 pay, retired pay, or other benefits from the United States 

10 to which the former member or retired member concerned 

11 is entitled or would have been entitled based on the mili12 tary service of such former member or retired member, 

13 nor affect any benefits to which any other person is or 

14 may become entitled based on the military service of such 

15 former member or retired member.’’. 

16 (b) MODIFICATION OF AUTHORITIES ON REVIEW OF

17 PROPOSALS FROM CONGRESS.— 

18 (1) STANDARDIZATION OF AUTHORITIES WITH

19 AUTHORITIES ON DOD INITIATIVE.—Section 1563 of 

20 title 10, United States Code, is amended— 

21 (A) in subsection (a)— 

22 (i) in the first sentence, by striking 

23 ‘‘the posthumous or honorary promotion or 

24 appointment of a member or former mem25 ber of the armed forces, or any other perVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
312 

•S 4049 RS

1 son considered qualified,’’ and inserting 

2 ‘‘the honorary promotion (whether or not 

3 posthumous) of a former member or re4 tired member of the armed forces’’; and 

5 (ii) in the second sentence, by striking 

6 ‘‘the posthumous or honorary promotion or 

7 appointment’’ and inserting ‘‘the pro8 motion’’; and 

9 (B) in subsection (b), by striking ‘‘the 

10 posthumous or honorary promotion or appoint11 ment’’ and inserting ‘‘the honorary promotion’’. 

12 (2) AUTHORITY TO MAKE HONORARY PRO13 MOTIONS FOLLOWING REVIEW OF PROPOSALS.— 

14 Such section is further amended— 

15 (A) by redesignating subsection (c) as sub16 section (d); and 

17 (B) by inserting after subsection (b) the 

18 following new subsection (c): 

19 ‘‘(c) AUTHORITY TO MAKE.—(1) Under regulations 

20 prescribed by the Secretary of Defense, the Secretary of 

21 Defense may make an honorary promotion (whether or not 

22 posthumous) of a former member or retired member of 

23 the armed forces to any grade not exceeding the grade 

24 of major general, rear admiral (upper half), or an equiva25 lent grade in the Space Force following the submittal of 


pbinns on DSKJLVW7X2PROD with BILLS
313 

•S 4049 RS

1 the determination of the Secretary concerned under sub2 section (b) in connection with the proposal for the pro3 motion if the determination is to approve the making of 

4 the promotion. 

5 ‘‘(2) The Secretary of Defense may not make an hon6 orary promotion under this subsection until 60 days after 

7 the date on which the Secretary concerned submits the 

8 determination in connection with the proposal for the pro9 motion under subsection (b), and the detailed rationale 

10 supporting the determination as described in that sub11 section, to the Committees on Armed Services of the Sen12 ate and the House of Representatives and the requesting 

13 Member in accordance with that subsection. 

14 ‘‘(3) The authority to make an honorary promotion 

15 under this subsection shall apply notwithstanding that the 

16 promotion is not otherwise authorized by law. 

17 ‘‘(4) Any promotion pursuant to this subsection is 

18 honorary, and shall not affect the pay, retired pay, or 

19 other benefits from the United States to which the former 

20 member or retired member concerned is or would have 

21 been entitled based upon the military service of such 

22 former member or retired member, nor affect any benefits 

23 to which any other person may become entitled based on 

24 the military service of such former member or retired 

25 member.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
314 

•S 4049 RS

1 (3) HEADING AMENDMENT.—The heading of 

2 such section is amended to read as follows: 

3 ‘‘§ 1563. Consideration of proposals from Members of 

4 Congress for honorary promotions: proce5 dures for review and promotion’’. 

6 (c) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 80 of such title is amended 

8 by striking the item relating to section 1563 and inserting 

9 the following new items: 

‘‘1563. Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion. 

‘‘1563a. Honorary promotions on the initiative of the Department of Defense.’’. 

10 Subtitle G—Defense Dependents’ 

11 Education and Military Family 

12 Readiness Matters 

13 PART I—DEFENSE DEPENDENTS’ EDUCATION 

14 MATTERS 

15 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

16 EDUCATIONAL AGENCIES THAT BENEFIT DE17 PENDENTS OF MEMBERS OF THE ARMED 

18 FORCES AND DEPARTMENT OF DEFENSE CI19 VILIAN EMPLOYEES. 

20 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

21 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

22 amount authorized to be appropriated for fiscal year 2021 

23 by section 301 and available for operation and mainte24 nance for Defense-wide activities as specified in the fundVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
315 

•S 4049 RS

1 ing table in section 4301, $50,000,000 shall be available 

2 only for the purpose of providing assistance to local edu3 cational agencies under subsection (a) of section 572 of 

4 the National Defense Authorization Act for Fiscal Year 

5 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

6 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

7 this section, the term ‘‘local educational agency’’ has the 

8 meaning given that term in section 7013(9) of the Ele9 mentary and Secondary Education Act of 1965 (20 U.S.C. 

10 7713(9)). 

11 SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DIS12 ABILITIES. 

13 (a) IN GENERAL.—Of the amount authorized to be 

14 appropriated for fiscal year 2021 pursuant to section 301 

15 and available for operation and maintenance for Defense16 wide activities as specified in the funding table in section 

17 4301, $10,000,000 shall be available for payments under 

18 section 363 of the Floyd D. Spence National Defense Au19 thorization Act for Fiscal Year 2001 (as enacted into law 

20 by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 

21 7703a). 

22 (b) ADDITIONAL AMOUNT.—Of the amount author23 ized to be appropriated for fiscal year 2021 pursuant to 

24 section 301 and available for operation and maintenance 

25 for Defense-wide activities as specified in the funding table 


pbinns on DSKJLVW7X2PROD with BILLS
316 

•S 4049 RS

1 in section 4301, $10,000,000 shall be available for use by 

2 the Secretary of Defense to make payments to local edu3 cational agencies determined by the Secretary to have 

4 higher concentrations of military children with severe dis5 abilities. 

6 (c) REPORT.—Not later than March 1, 2021, the 

7 Secretary shall brief the Committees on Armed Services 

8 of the Senate and the House of Representatives on the 

9 Department’s evaluation of each local educational agency 

10 with higher concentrations of military children with severe 

11 disabilities and subsequent determination of the amounts 

12 of impact aid each such agency shall receive. 

13 SEC. 563. STAFFING OF DEPARTMENT OF DEFENSE EDU14 CATION ACTIVITY SCHOOLS TO MAINTAIN 

15 MAXIMUM STUDENT-TO-TEACHER RATIOS. 

16 (a) IN GENERAL.—The Department of Defense Edu17 cation Activity (DoDEA) shall staff elementary and sec18 ondary schools operated by the Activity so as to maintain, 

19 to the extent practicable, student-to-teacher ratios that do 

20 not exceed the maximum student-to-teacher ratios speci21 fied in subsection (b). 

22 (b) MAXIMUM STUDENT-TO-TEACHER RATIOS.—The 

23 maximum student-to-teacher ratios specified in this sub24 section are the following: 


pbinns on DSKJLVW7X2PROD with BILLS
317 

•S 4049 RS

1 (1) For each of grades kindergarten through 3, 

2 a ratio of 18 students to 1 teacher (18:1). 

3 (2) For each of grades 4 through 12, a ratio 

4 equal to the average student-to-teacher ratio for 

5 such grade among all Department of Defense Edu6 cation Activity schools during the 2019-2020 aca7 demic year. 

8 (c) SUNSET.—The requirement to staff schools in ac9 cordance with subsection (a) shall expire at the end of the 

10 2023-2024 academic year of the Department of Defense 

11 Education Activity. 

12 SEC. 564. MATTERS IN CONNECTION WITH FREE APPRO13 PRIATE PUBLIC EDUCATION FOR DEPEND14 ENTS OF MEMBERS OF THE ARMED FORCES 

15 WITH SPECIAL NEEDS. 

16 (a) INFORMATION ON DISPUTES REGARDING RE17 CEIPT OF FREE APPROPRIATE PUBLIC EDUCATION BY

18 SPECIAL NEEDS DEPENDENTS.— 

19 (1) IN GENERAL.—Each Secretary of a military 

20 department shall collect and maintain information 

21 on special education disputes filed by members of 

22 the Armed Forces under the jurisdiction of such 

23 Secretary. 


pbinns on DSKJLVW7X2PROD with BILLS
318 

•S 4049 RS

1 (2) INFORMATION.—The information collected 

2 and maintained pursuant to this subsection shall in3 clude the following: 

4 (A) The number of special education dis5 putes filed. 

6 (B) The outcome or disposition of the dis7 putes. 

8 (3) SOURCE OF INFORMATION.—The informa9 tion collected and maintained pursuant to this sub10 section shall be derived from the following: 

11 (A) Records and reports of case managers 

12 and navigators under the Exceptional Family 

13 Member Program (EFMP) of the Department 

14 of Defense. 

15 (B) Reports of members of the Armed 

16 Forces concerned to installation or other mili17 tary leadership. 

18 (C) Such other sources as the Secretary of 

19 the military department concerned considers ap20 propriate. 

21 (4) ANNUAL REPORTS.— Each Secretary of a 

22 military department shall submit each year to the 

23 Office of Special Needs of the Department of De24 fense a report on the information collected by such 


pbinns on DSKJLVW7X2PROD with BILLS
319 

•S 4049 RS

1 Secretary pursuant to this subsection during the 

2 preceding year. 

3 (b) COMPTROLLER GENERAL OF THE UNITED

4 STATES STUDY.— 

5 (1) IN GENERAL.—The Comptroller General of 

6 the United States shall conduct a study on the fol7 lowing: 

8 (A) The consequences for a State or local 

9 educational agency of a finding of failure to 

10 provide a free appropriate public education to a 

11 military dependent. 

12 (B) The manner in which local educational 

13 agencies with military families use the fol14 lowing: 

15 (i) Funds received under section 

16 7003(d) of the Elementary and Secondary 

17 Education Act of 1965 (20 U.S.C. 

18 7703(d)). 

19 (ii) Funds authorized to be appro20 priated by annual national defense author21 ization Acts and made available for impact 

22 aid for child with severe disabilities under 

23 section 363 of the Floyd D. Spence Na24 tional Defense Authorization Act for Fiscal 

25 Year 2001 (20 U.S.C. 7703a). 


pbinns on DSKJLVW7X2PROD with BILLS
320 

•S 4049 RS

1 (iii) Funds authorized to be appro2 priated by annual national defense author3 ization Acts and made available for assist4 ance to schools with significant number of 

5 military dependent students under sub6 section (a) of section 572 of the National 

7 Defense Authorization Act for Fiscal Year 

8 2006 (20 U.S.C. 7703b). 

9 (C) The efficacy of attorney and other 

10 legal support for military families in special 

11 education disputes. 

12 (D) The standardization of policies and 

13 guidance for School Liaison Officers between 

14 the Office of Special Needs of the Department 

15 of Defense and the military departments, and 

16 the efficacy of such policies and guidance. 

17 (E) The improvements of family support 

18 programs of the Office of Special Needs, and of 

19 each military department, in light of the rec20 ommendations of the Comptroller General in 

21 the report entitled ‘‘DOD Should Improve Its 

22 Oversight of the Exceptional Family Member 

23 Program’’, GAO–18–348. 


pbinns on DSKJLVW7X2PROD with BILLS
321 

•S 4049 RS

1 (2) RECOMMENDATIONS.—In conducting the 

2 study, the Comptroller General shall develop rec3 ommendations on the following: 

4 (A) Improvements and enhancements to 

5 oversight and enforcement of compliance by 

6 local educational agencies with requirements for 

7 the provision of a free appropriate public edu8 cation to military dependents with special 

9 needs. 

10 (B) Improvements to the policies of the Of11 fice of Special Needs, and of each military de12 partment, with respect to the standardization 

13 and efficacy of policies and programs for mili14 tary dependents with special needs. 

15 (3) DEADLINE FOR COMPLETION.—The Comp16 troller General shall complete the study by not later 

17 than March 31, 2021. 

18 (4) BRIEFING AND REPORT.—Upon completion 

19 of the study, the Comptroller General shall brief the 

20 Committees on Armed Services of the Senate and 

21 the House of Representatives on the results of the 

22 study, and shall submit to such committees a report 

23 on such results. 

24 (c) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with BILLS
322 

•S 4049 RS

1 (1) The term ‘‘free appropriate public edu2 cation’’ includes appropriate special education and 

3 related services required under the Individuals with 

4 Disabilities Education Act (20 U.S.C. 1400 et seq.) 

5 (2) The term ‘‘local educational agency’’ has 

6 the meaning given that term in section 8101 of the 

7 Elementary and Secondary Education Act of 1965 

8 (20 U.S.C. 7801). 

9 (3) The term ‘‘special education dispute’’ means 

10 a complaint filed regarding the education provided a 

11 child with a disability (as defined in section 602 of 

12 the Individuals with Disabilities Education Act (20 

13 U.S.C. 1401), including a complaint filed in accord14 ance with section 615 or 639 of such Act (20 U.S.C. 

15 1415, 1439). 

16 SEC. 565. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR 

17 DEPARTMENT OF DEFENSE EDUCATION AC18 TIVITY VIRTUAL HIGH SCHOOL PROGRAM. 

19 (a) PILOT PROGRAM REQUIRED.— 

20 (1) IN GENERAL.—The Secretary of Defense 

21 shall carry out a pilot program on permitting de22 pendents of members of the Armed Forces on active 

23 duty to enroll in the Department of Defense Edu24 cation Activity Virtual High School program (in this 

25 section referred to as the ‘‘DVHS program’’). 


pbinns on DSKJLVW7X2PROD with BILLS
323 

•S 4049 RS

1 (2) PURPOSES.—The purposes of the pilot pro2 gram shall be as follows: 

3 (A) To evaluate the feasibility and 

4 scalability of the DVHS program. 

5 (B) To assess the impact of expanded en6 rollment in the DVHS program under the pilot 

7 program on military and family readiness. 

8 (3) DURATION.—The duration of the pilot pro9 gram shall be four academic years. 

10 (b) PARTICIPANTS.— 

11 (1) IN GENERAL.—Participants in the pilot pro12 gram shall be selected by the Secretary from among 

13 dependents of members of the Armed Forces on ac14 tive duty who— 

15 (A) are in a grade 9 through 12; 

16 (B) are currently ineligible to enroll in the 

17 DVHS program; and 

18 (C) either— 

19 (i) require supplementary courses to 

20 meet graduation requirements in the cur21 rent State of residence; or 

22 (ii) otherwise demonstrate to the Sec23 retary a clear need to participate in the 

24 DVHS program. 


pbinns on DSKJLVW7X2PROD with BILLS
324 

•S 4049 RS

1 (2) PREFERENCE IN SELECTION.—In selecting 

2 participants in the pilot program, the Secretary shall 

3 afford a preference to the following: 

4 (A) Dependents who reside in a rural area. 

5 (B) Dependents who are home-schooled 

6 students. 

7 (3) LIMITATIONS.—The total number of course 

8 enrollments per academic year authorized under the 

9 pilot program may not exceed 400 course enroll10 ments. No single dependent participating in the pilot 

11 program may take more than two courses per aca12 demic year under the pilot program. 

13 (c) REPORTS.— 

14 (1) INTERIM REPORT.—Not later than two 

15 years after the date of the enactment of this Act, the 

16 Secretary shall submit to the Committees on Armed 

17 Services of the Senate and the House of Representa18 tives an interim report on the pilot program. 

19 (2) FINAL REPORT.—Not later than 180 days 

20 after the completion of the pilot program, the Sec21 retary shall submit to the committees of Congress 

22 referred to in paragraph (1) a final report on the 

23 pilot programs. 

24 (3) ELEMENTS.—Each report under this sub25 section shall include the following: 


pbinns on DSKJLVW7X2PROD with BILLS
325 

•S 4049 RS

1 (A) A description of the demographics of 

2 the dependents participating in the pilot pro3 gram through the date of such report. 

4 (B) Data on, and an assessment of, stu5 dent performance in virtual coursework by de6 pendents participating in the pilot program over 

7 the duration of the pilot program. 

8 (C) Such recommendation as the Secretary 

9 considers appropriate on whether to make the 

10 pilot program permanent. 

11 (d) DEFINITIONS.—In this section: 

12 (1) The term ‘‘rural area’’ has the meaning 

13 given the term in section 520 of the Housing Act of 

14 1949 (42 U.S.C. 1490). 

15 (2) The term ‘‘home-schooled student’’ means a 

16 student in a grade equivalent to grade 9 through 12 

17 who receives educational instruction at home or by 

18 other non-traditional means outside of a public or 

19 private school system, either all or most of the time. 

20 SEC. 566. PILOT PROGRAM ON EXPANSION OF ELIGIBILITY 

21 FOR ENROLLMENT AT DOMESTIC DEPEND22 ENT ELEMENTARY AND SECONDARY 

23 SCHOOLS. 

24 (a) PILOT PROGRAM REQUIRED.—Beginning not 

25 later than 180 days after the date of the enactment of 


pbinns on DSKJLVW7X2PROD with BILLS
326 

•S 4049 RS

1 this Act, the Secretary of Defense shall carry out a pilot 

2 program under which a dependent of a full-time, active3 duty member of the Armed Forces may enroll in a covered 

4 DODEA school at the military installation to which the 

5 member is assigned, on a space-available basis as de6 scribed in subsection (c), without regard to whether the 

7 member resides on the installation as described in 

8 2164(a)(1) of title 10, United States Code. 

9 (b) PURPOSES.—The purposes of the pilot program 

10 under this section are— 

11 (1) to evaluate the feasibility and advisability of 

12 expanding enrollment in covered DODEA schools; 

13 and 

14 (2) to determine how increased access to such 

15 schools will affect military and family readiness. 

16 (c) ENROLLMENT ON SPACE-AVAILABLE BASIS.—A 

17 student participating in the pilot program under this sec18 tion may be enrolled in a covered DODEA school only if 

19 the school has the capacity to accept the student, as deter20 mined by the Director of the Department of Defense Edu21 cation Activity. 

22 (d) LOCATIONS.—The Secretary of Defense shall 

23 carry out the pilot program under this section at not more 

24 than four military installations at which covered DODEA 

25 schools are located. The Secretary shall select military inVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
327 

•S 4049 RS

1 stallations for participation in the pilot program based 

2 on— 

3 (1) the readiness needs of the Secretary of a 

4 the military department concerned; and 

5 (2) the capacity of the DODEA schools located 

6 at the installation to accept additional students, as 

7 determined by the Director of the Department of 

8 Defense Education Activity. 

9 (e) TERMINATION.—The authority to carry out the 

10 pilot program under this section shall terminate four years 

11 after the date of the enactment of this Act. 

12 (f) COVERED DODEA SCHOOL DEFINED.—In this 

13 section, the term ‘‘covered DODEA school’’ means a do14 mestic dependent elementary or secondary school operated 

15 by the Department of Defense Education Activity that— 

16 (1) has been established on or before the date 

17 of the enactment of this Act; and 

18 (2) is located in the continental United States. 

19 SEC. 567. COMPTROLLER GENERAL OF THE UNITED 

20 STATES REPORT ON THE STRUCTURAL CON21 DITION OF DEPARTMENT OF DEFENSE EDU22 CATION ACTIVITY SCHOOLS. 

23 (a) REPORT REQUIRED.—Not later than one year 

24 after the date of the enactment of this Act, the Comp25 troller General of the United States shall submit to the 


pbinns on DSKJLVW7X2PROD with BILLS
328 

•S 4049 RS

1 congressional defense committees a report setting forth an 

2 assessment by the Comptroller General of the structural 

3 condition of schools of the Department of Defense Edu4 cation Activity, both within the continental United States 

5 (CONUS) and outside the continental United States 

6 (OCONUS). 

7 (b) VIRTUAL SCHOOLS.—The report shall include an 

8 assessment of the virtual infrastructure or other means 

9 by which students attend Department of Defense Edu10 cation Activity schools that have no physical structure, in11 cluding the satisfaction of the military families concerned 

12 with such infrastructure or other means. 

13 PART II—MILITARY FAMILY READINESS 

14 MATTERS 

15 SEC. 571. RESPONSIBILITY FOR ALLOCATION OF CERTAIN 

16 FUNDS FOR MILITARY CHILD DEVELOPMENT 

17 PROGRAMS. 

18 Section 1791 of title 10, United States Code, is 

19 amended— 

20 (1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It is 

21 the policy’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF CER25 TAIN FUNDS.—The Secretary of Defense shall be responVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
329 

•S 4049 RS

1 sible for the allocation of Office of the Secretary of De2 fense level funds for military child development programs 

3 for children from birth through 12 years of age, and may 

4 not delegate such responsibility to the military depart5 ments.’’. 

6 SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEM7 BER PROGRAM. 

8 Section 1781c of title 10, United States Code is 

9 amended— 

10 (1) in subsection (b), by striking ‘‘enhance’’ and 

11 inserting ‘‘standardize, enhance,’’; 

12 (2) in subsection (c)(1), by inserting ‘‘and 

13 standard’’ after ‘‘comprehensive’’; 

14 (3) in subsection (d)— 

15 (A) in paragraph (1), by striking ‘‘update 

16 from time to time’’ and inserting ‘‘regularly up17 date’’; 

18 (B) in paragraph (3), by adding at the end 

19 the following new subparagraphs: 

20 ‘‘(C) Ability to request a second review of 

21 the approved assignment within or outside the 

22 continental United States if the member be23 lieves the location is inappropriate for the mem24 ber’s family and would cause undue hardship. 


pbinns on DSKJLVW7X2PROD with BILLS
330 

•S 4049 RS

1 ‘‘(D) Protection from having a medical rec2 ommendation for an approved assignment 

3 overriden by the commanding officer. 

4 ‘‘(E) Ability to request continuation of lo5 cation when there is a documented substantial 

6 risk of transferring medical care or educational 

7 services to a new provider or school at the spe8 cific time of permanent change of station. 

9 ‘‘(F) If an order for assignment is declined 

10 for a military family with special needs, the 

11 member will receive a reason for the decline of 

12 that order.’’; and 

13 (C) in paragraph (4), by adding at the end 

14 the following new subparagraphs: 

15 ‘‘(H) Procedures to right-size the Depart16 ment’s Exceptional Family Member Program to 

17 ensure efficient and effective enrollment, for 

18 sufficient staffing dedicated to providing family 

19 support services, to include comprehensive 

20 training, education and outreach services, and 

21 sufficient oversight and administrative support 

22 for effective program operation. 

23 ‘‘(I) Requirements to prohibit 

24 disenrollment from the Exceptional Family 

25 Member Program unless there is new supVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
331 

•S 4049 RS

1 porting medical or educational information that 

2 indicates the original condition is no longer 

3 present, and to track disenrollment data per 

4 military service.’’; 

5 (4) by redesignating subsections (f), (g), and 

6 (h) as subsections (g), (h), and (i), respectively; and 

7 (5) by inserting after subsection (e) the fol8 lowing new subsection: 

9 ‘‘(f) METRICS.—The Secretary of Defense shall im10 plement performance metrics for measuring, across the 

11 Department and with respect to each military department, 

12 the following: 

13 ‘‘(1) Assignment coordination and support for 

14 military families with special needs, including a sys15 tematic process for evaluating each military depart16 ment’s program for the support of military families 

17 with special needs. 

18 ‘‘(2) The reassignment of military families with 

19 special needs, including how often members request 

20 reassignments, for what reasons, and from what 

21 military installations. 

22 ‘‘(3) The level of satisfaction of military fami23 lies with special needs with the family and medical 

24 support they are provided.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
332 

•S 4049 RS

1 SEC. 573. PROCEDURES OF THE OFFICE OF SPECIAL NEEDS 

2 FOR THE DEVELOPMENT OF INDIVIDUALIZED 

3 SERVICES PLANS FOR MILITARY FAMILIES 

4 WITH SPECIAL NEEDS. 

5 Section 1781c(d)(4) of title 10, United States Code, 

6 as amended by section 572(3)(C) of this Act, is further 

7 amended— 

8 (1) in subparagraph (F), by striking ‘‘of an in9 dividualized services plan (medical and educational)’’ 

10 and inserting ‘‘by an appropriate office of an indi11 vidualized services plan (whether medical, edu12 cational, or both)’’; 

13 (2) by redesignating subparagraphs (G), (H), 

14 and (I) as subparagraph (H), (I), and (J), respec15 tively; and 

16 (3) by inserting after subparagraph (F) the fol17 lowing new paragraph (G): 

18 ‘‘(G) Procedures for the development of an indi19 vidualized services plan for military family members 

20 with special needs who have requested family sup21 port services and have a completed family needs as22 sessment.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
333 

•S 4049 RS

1 SEC. 574. RESTATEMENT AND CLARIFICATION OF AUTHOR2 ITY TO REIMBURSE MEMBERS FOR SPOUSE 

3 RELICENSING COSTS PURSUANT TO A PER4 MANENT CHANGE OF STATION. 

5 (a) IN GENERAL.—Section 453 of title 37, United 

6 States Code, is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(g) REIMBURSEMENT OF QUALIFYING SPOUSE RE9 LICENSING COSTS INCIDENT TO A MEMBER’S PERMA10 NENT CHANGE OF STATION OR ASSIGNMENT.—(1) From 

11 amounts otherwise made available for a fiscal year to pro12 vide travel and transportation allowances under this chap13 ter, the Secretary concerned may reimburse a member of 

14 the armed forces for qualified relicensing costs of the 

15 spouse of the member when— 

16 ‘‘(A) the member is reassigned, either as a per17 manent change of station or permanent change of 

18 assignment, between duty stations located in sepa19 rate jurisdictions with unique licensing or certifi20 cation requirements and authorities; and 

21 ‘‘(B) the movement of the member’s dependents 

22 is authorized at the expense of the United States 

23 under this section as part of the reassignment. 

24 ‘‘(2) Reimbursement provided to a member under 

25 this subsection may not exceed $1000 in connection with 

26 each reassignment described in paragraph (1). 


pbinns on DSKJLVW7X2PROD with BILLS
334 

•S 4049 RS

1 ‘‘(3) No reimbursement may be provided under this 

2 subsection for qualified relicensing costs paid or incurred 

3 after December 31, 2024. 

4 ‘‘(4) In this subsection, the term ‘qualified relicensing 

5 costs’ means costs, including exam, continuing education 

6 courses, and registration fees, incurred by the spouse of 

7 a member if— 

8 ‘‘(A) the spouse was licensed or certified in a 

9 profession during the member’s previous duty as10 signment and requires a new license or certification 

11 to engage in that profession in a new jurisdiction be12 cause of movement described in paragraph (1)(B) in 

13 connection with the member’s change in duty loca14 tion pursuant to reassignment described in para15 graph (1)(A); and 

16 ‘‘(B) the costs were incurred or paid to secure 

17 or maintain the license or certification from the new 

18 jurisdiction in connection with such reassignment.’’. 

19 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

20 476 of such title is amended by striking subsection (p). 

21 SEC. 575. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 

22 TRACKING OF AND RESPONSE TO INCIDENTS 

23 OF CHILD ABUSE INVOLVING MILITARY DE24 PENDENTS ON MILITARY INSTALLATIONS. 

25 (a) IMPROVEMENTS REQUIRED.— 


pbinns on DSKJLVW7X2PROD with BILLS
335 

•S 4049 RS

1 (1) IN GENERAL.—The Secretary of Defense 

2 shall, consistent with recommendations of the Comp3 troller General of the United States in Government 

4 Accountability Office report GA0–20–110, take ac5 tions in accordance with this section in order to im6 prove the efforts of the Department of Defense to 

7 track and respond to incidents of child abuse involv8 ing dependents of members of the Armed Forces 

9 that occur on military installations (in this section 

10 referred to as ‘‘covered incidents of child abuse’’). 

11 (2) CHILD ABUSE.—For purposes of this sec12 tion, child abuse includes any abuse of a child, in13 cluding sexual abuse, emotional abuse, and neglect. 

14 (b) DATA COLLECTION AND TRACKING OF INCI15 DENTS OF CHILD ABUSE.— 

16 (1) TRACKING OF NON-CAREGIVER ABUSE.— 

17 The Secretary of Defense shall establish a process 

18 for the Department of Defense Family Advocacy 

19 Program to track reported covered incidents of child 

20 abuse in which the alleged offender is not a parent, 

21 guardian, or someone in a caregiving role at the 

22 time of the incident. The information so tracked 

23 shall comport with the information tracked by the 

24 Department of Defense in reported covered incidents 

25 of child abuse in which the alleged offender is a parVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
336 

•S 4049 RS

1 ent, guardian, or someone in a caregiving role at the 

2 time of the incident. 

3 (2) CENTRALIZED DATABASE FOR TRACKING OF

4 INCIDENTS.— 

5 (A) IN GENERAL.—The Secretary shall de6 velop and maintain in the Department of De7 fense a centralized database to track informa8 tion across the Department on all covered inci9 dents of child abuse that are reported to the 

10 Family Advocacy Program or investigated by a 

11 military criminal investigation organization, re12 gardless of whether the alleged offender was an13 other child, an adult, or someone in a non14 caregiving role at the time of an incident. 

15 (B) ELEMENTS.—The centralized database 

16 required by this paragraph shall include, for 

17 each incident within the database, the following: 

18 (i) Information pertinent to a deter19 mination by the Family Advocacy Program 

20 whether such incident meets the criteria of 

21 the Department for treatment as an inci22 dent of child abuse. 

23 (ii) The results of any investigation of 

24 such incident by a military criminal inves25 tigation organization. 


pbinns on DSKJLVW7X2PROD with BILLS
337 

•S 4049 RS

1 (iii) Information on the ultimate dis2 position of the incident, if any, including 

3 any administrative or prosecutorial action 

4 taken. 

5 (C) ANNUAL REPORTS ON INFORMA6 TION.—The information collected and main7 tained in the centralized database shall be re8 ported on an annual basis as part of the annual 

9 reports from the Family Advocacy Program on 

10 child abuse and domestic abuse in the military 

11 as required by section 574 of the National De12 fense Authorization Act for Fiscal Year 2017 

13 (Public Law 114–328; 130 Stat. 2141). 

14 (D) BRIEFINGS.—Not later than March 

15 31, 2021, and every six months thereafter until 

16 the centralized database required by this para17 graph is fully operational, the Secretary shall 

18 brief the Committees on Armed Services of the 

19 Senate and the House of Representatives on the 

20 status of the database. 

21 (3) DEPARTMENT OF DEFENSE EDUCATION AC22 TIVITY GUIDANCE.—The Department of Defense 

23 Education Activity (DoDEA) shall issue clarifica24 tions of its guidance on the incidents of child-on25 child abuse that qualify as serious incidents for purVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
338 

•S 4049 RS

1 poses of requirements for the reporting of such seri2 ous incidents by school administrators to Activity 

3 leadership. 

4 (c) RESPONSE PROCEDURES.— 

5 (1) INCIDENT DETERMINATION COMMITTEE

6 MEMBERSHIP.—The Department of Defense Family 

7 Advocacy Program shall ensure that the voting 

8 membership of each Incident Determination Com9 mittee on a military installation includes medical 

10 personnel with the requisite knowledge and expertise 

11 to determine whether a reported covered incident of 

12 abuse meets the criteria of the Department of De13 fense for treatment as child abuse. 

14 (2) SCREENING REPORTED INCIDENTS OF

15 CHILD ABUSE.— 

16 (A) DEVELOPMENT OF STANDARDIZED

17 PROCESS.—The Department of Defense Family 

18 Advocacy Program shall develop a standardized 

19 process by which the Family Advocacy Pro20 grams of the military departments screen re21 ported covered incidents of child abuse to deter22 mine whether to present such incident to an In23 cident Determination Committee. 

24 (B) MONITORING.—The Secretary of each 

25 military department shall develop a process to 


pbinns on DSKJLVW7X2PROD with BILLS
339 

•S 4049 RS

1 monitor the manner in which reported covered 

2 incidents of child abuse are screened by each in3 stallation under the jurisdiction of such Sec4 retary in order to ensure that such screening 

5 complies with the standardized screening proc6 ess developed pursuant to subparagraph (A). 

7 (3) REQUIRED NOTIFICATIONS.— 

8 (A) DOCUMENTATION.—The Secretary of 

9 each military department shall require that in10 stallation Family Advocacy Programs and mili11 tary criminal investigation organizations under 

12 the jurisdiction of such Secretary document in 

13 their respective databases the date on which 

14 they notified the other of a reported covered in15 cident of child abuse. 

16 (B) OVERSIGHT.—The Secretary of each 

17 military department shall require that the Fam18 ily Advocacy Program of such military depart19 ment, and the headquarters of the military 

20 criminal investigation organizations of such 

21 military department, to develop processes to 

22 oversee the documentation of notifications re23 quired by subparagraph (A) in order to ensure 

24 that such notifications occur on a consistent 

25 basis at installation level. 


pbinns on DSKJLVW7X2PROD with BILLS
340 

•S 4049 RS

1 (4) CERTIFIED PEDIATRIC SEXUAL ASSAULT

2 FORENSIC EXAMINERS.— 

3 (A) GEOGRAPHIC REGIONS FOR EXAM4 INERS.—The Under Secretary of Defense for 

5 Personnel and Readiness shall specify geo6 graphic regions in which military families reside 

7 for purposes of the availability of and access to 

8 certified pediatric sexual assault examiners in 

9 such regions. 

10 (B) AVAILABILITY.—The Under Secretary 

11 shall ensure that— 

12 (i) one or more certified pediatric sex13 ual assault examiners are located in each 

14 geographic region specified pursuant to 

15 subparagraph (A); and 

16 (ii) examiners so located serve as cer17 tified pediatric sexual assault examiners 

18 throughout such region, without regard to 

19 Armed Force or installation. 

20 (5) REMOVAL OF CHILDREN FROM UNSAFE

21 HOMES OVERSEAS.—The Secretary of Defense shall, 

22 in consultation with the Secretaries of the military 

23 departments, issue policy that clarifies and stand24 ardizes across the Armed Forces the circumstances 


pbinns on DSKJLVW7X2PROD with BILLS
341 

•S 4049 RS

1 under which a commander may remove a child from 

2 a potentially unsafe home at an installation overseas. 

3 (6) RESOURCE GUIDE FOR FAMILIES AFFECTED

4 BY CHILD ABUSE.— 

5 (A) IN GENERAL.—The Secretary of each 

6 military department shall develop and maintain 

7 a comprehensive guide on resources available 

8 through the Department of Defense and such 

9 military department for military families under 

10 this jurisdiction of such Secretary who are af11 fected by child abuse. 

12 (B) ELEMENTS.—Each guide under this 

13 paragraph shall include the following: 

14 (i) Information on the response proc15 esses of the Family Advocacy Programs 

16 and military criminal investigation organi17 zations of the military department con18 cerned. 

19 (ii) Lists of available support services, 

20 such as legal, medical, and victim advocacy 

21 services, through the Department of De22 fense and the military department con23 cerned. 

24 (C) DISTRIBUTION.—A resource guide 

25 under this paragraph shall be presented to a 


pbinns on DSKJLVW7X2PROD with BILLS
342 

•S 4049 RS

1 military family by an installation Family Advo2 cacy Program and military criminal investiga3 tion personnel at the time a covered incident of 

4 child abuse involving a child in such family is 

5 reported. 

6 (D) AVAILABILITY ON INTERNET.—A cur7 rent version of each resource guide under this 

8 paragraph shall be available to the public on an 

9 Internet website of the military department 

10 concerned available to the public. 

11 (d) COORDINATION AND COLLABORATION WITH

12 NON-MILITARY RESOURCES.— 

13 (1) COORDINATION WITH STATES.—The Sec14 retary of Defense shall— 

15 (A) continue the outreach efforts of the 

16 Department of Defense to the States in order 

17 to ensure that States are notified when a mem18 ber of the Armed Forces or a military depend19 ent is involved in a reported incident of child 

20 abuse off a military installation; and 

21 (B) increase efforts at information sharing 

22 between the Department and the States on such 

23 incidents of child abuse, including entry into 

24 memoranda of understanding with State child 


pbinns on DSKJLVW7X2PROD with BILLS
343 

•S 4049 RS

1 welfare agencies on information sharing in con2 nection with such incidents. 

3 (2) COLLABORATION WITH NATIONAL CHIL4 DREN’S ALLIANCE.— 

5 (A) MEMORANDA OF UNDERSTANDING.— 

6 The Secretary of each military department shall 

7 seek to enter into a memorandum of under8 standing with the National Children’s Alliance 

9 under which— 

10 (i) the children’s advocacy center serv11 ices of the Alliance are available to all in12 stallations in the continental United States 

13 under the jurisdiction of such Secretary; 

14 and 

15 (ii) members of the Armed Forces 

16 under the jurisdiction of such Secretary 

17 are made aware of the nature and avail18 ability of such services. 

19 (B) PARTICIPATION OF CERTAIN ENTI20 TIES.—Each memorandum of understanding 

21 under this paragraph shall provide for the ap22 propriate participation of the Family Advocacy 

23 Program and military criminal investigation or24 ganizations of the military department conVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
344 

•S 4049 RS

1 cerned in activities under such memorandum of 

2 understanding. 

3 (C) BRIEFING.—Not later than one year 

4 after the date of the enactment of this Act, the 

5 Secretary of each military department shall pro6 vide to the Committees on Armed Services of 

7 the Senate and the House of Representatives a 

8 briefing on the status of the development of a 

9 memorandum of understanding with the Na10 tional Children’s Alliance under this paragraph, 

11 together with information on which installa12 tions, if any, under the jurisdiction of such Sec13 retary have entered into a written agreement 

14 with a local children’s advocacy center with re15 spect to child abuse on such installations. 

16 SEC. 576. MILITARY CHILD CARE AND CHILD DEVELOP17 MENT CENTER MATTERS. 

18 (a) CENTER FEES MATTERS.—Section 1793 of title 

19 10, United States Code, is amended by adding at the end 

20 the following new subsections: 

21 ‘‘(c) LIBERAL ISSUANCE OF HARDSHIP WAIVERS.— 

22 The regulations prescribed pursuant to subsection (a) 

23 shall require that installation commanders issue waivers 

24 of fees otherwise established under the regulations for in25 ability to pay (commonly referred to as ‘hardship waivers’) 


pbinns on DSKJLVW7X2PROD with BILLS
345 

•S 4049 RS

1 on a liberal basis in a manner consistent (as specified by 

2 the Secretary in such regulations) with ensuring that fees 

3 collected pursuant to subsection (a) meet the operating ex4 penses of the child development centers concerned. 

5 ‘‘(d) FAMILY DISCOUNT.—In the case of a family 

6 with two or more children attending a child development 

7 center, the regulations prescribed pursuant to subsection 

8 (a) shall require that installations commanders charge a 

9 fee for attendance at the center of any child of the family 

10 after the first child of the family in amount equal to 85 

11 percent of the amount of the fee otherwise chargeable for 

12 the attendance of such child at the center.’’. 

13 (b) CHILD CARE FEE ASSISTANCE PROGRAMS

14 THROUGHOUT THE ARMED FORCES.— 

15 (1) PROGRAMS AUTHORIZED.—Each Secretary 

16 of a military department may carry out a program 

17 for each Armed Force under the jurisdiction of such 

18 Secretary under which a member of the Armed 

19 Forces who is obtaining child care services from a 

20 civilian child care services provider located off a mili21 tary installation is paid (subject to any limitation es22 tablished by such Secretary) a monthly amount 

23 equal to the amount, if any, by which— 

24 (A) the monthly amount charged by such 

25 provider for such services; exceeds 


pbinns on DSKJLVW7X2PROD with BILLS
346 

•S 4049 RS

1 (B) the monthly amount the military de2 partment concerned pays or otherwise provides 

3 members at such installation for child care serv4 ices on such installation. 

5 (2) MODEL.—Any program carried out pursu6 ant to paragraph (1) shall be modeled after the 

7 Army Fee Assistance Program, and incorporate such 

8 modifications to that Program as the Secretary of 

9 the military department concerned considers appro10 priate. 

11 (3) SECRETARY OF DEFENSE APPROVAL.—Any 

12 program of an Armed Force under paragraph (1) 

13 shall be subject to the approval of the Secretary of 

14 Defense. 

15 (c) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED

16 CHILD CARE EMPLOYEES.— 

17 (1) IN GENERAL.—Section 1792 of title 10, 

18 United States Code, is amended— 

19 (A) by redesignating subsection (d) as sub20 section (e); and 

21 (B) by inserting after subsection (c) the 

22 following new subsection (d): 

23 ‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED

24 EMPLOYEES.—Each Secretary of a military department 

25 may, with the approval of the Secretary of Defense, take 


pbinns on DSKJLVW7X2PROD with BILLS
347 

•S 4049 RS

1 actions in addition to actions authorized by subsection (c) 

2 to provide military child development centers under the 

3 jurisdiction of such Secretary with a qualified and stable 

4 civilian workforce, including actions as follows: 

5 ‘‘(1) Enhanced marketing and recruitment for 

6 employment. 

7 ‘‘(2) Provision to employees of education-related 

8 benefits, including tuition assistance and student 

9 loan repayment programs. 

10 ‘‘(3) Availability and enhancement of wellness 

11 and physical fitness programs for employees. 

12 ‘‘(4) Provision of such other competitive bene13 fits as the Secretary of the military department and 

14 the Secretary of Defense jointly consider appro15 priate.’’. 

16 (2) REPORTS ON INSTALLATIONS WITH EX17 TREME IMBALANCE BETWEEN DEMAND FOR AND

18 AVAILABILITY OF CHILD CARE.—Not later than one 

19 year after the date of the enactment of this Act, 

20 each Secretary of a military department shall submit 

21 to Congress a report on the military installations 

22 under the jurisdiction of such Secretary with an ex23 treme imbalance between demand for child care and 

24 availability of child care. Each report shall include, 


pbinns on DSKJLVW7X2PROD with BILLS
348 

•S 4049 RS

1 for the military department covered by such report, 

2 the following: 

3 (A) The name of the five installations of 

4 the military department experiencing the most 

5 extreme imbalance between demand for child 

6 care and availability of child care. 

7 (B) For each installation named pursuant 

8 to subparagraph (A), the following: 

9 (i) An assessment whether civilian em10 ployees at child development centers at 

11 such installation have rates of pay and 

12 benefits that are competitive with other ci13 vilian employees on such installation and 

14 with the civilian labor pool in the vicinity 

15 of such installation. 

16 (ii) A description and assessment of 

17 various incentives to encourage military 

18 spouses to become providers under the 

19 Family Child Care program at such instal20 lation. 

21 (iii) Such recommendations at the 

22 Secretary of the military department con23 cerned considers appropriate to address 

24 the imbalance between demand for child 

25 care and availability of child care at such 


pbinns on DSKJLVW7X2PROD with BILLS
349 

•S 4049 RS

1 installation, including recommendations to 

2 enhance the competitiveness of civilian 

3 child care positions at such installation 

4 with other civilian positions at such instal5 lation and the civilian labor pool in the vi6 cinity of such installation. 

7 SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE UNDER 

8 MY CAREER ADVANCEMENT ACCOUNT PRO9 GRAM. 

10 Section 580F of the National Defense Authorization 

11 Act for Fiscal Year 2020 (Public Law 116–92) is amend12 ed— 

13 (1) by inserting ‘‘(a) PROFESSIONAL LICENSE

14 OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’ be15 fore ‘‘The Secretary’’; 

16 (2) by inserting ‘‘or maintenance (including 

17 continuing education courses)’’ after ‘‘pursuit’’; and 

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(b) NATIONAL TESTING.—Financial assistance 

21 under subsection (a) may be applied to the costs of na22 tional tests that may earn a participating military spouse 

23 course credits required for a degree approved under the 

24 program (including the College Level Examination Pro25 gram tests).’’. 


pbinns on DSKJLVW7X2PROD with BILLS
350 

•S 4049 RS

1 Subtitle H—Other Matters 

2 SEC. 586. REMOVAL OF PERSONALLY IDENTIFYING AND 

3 OTHER INFORMATION OF CERTAIN PERSONS 

4 FROM INVESTIGATIVE REPORTS, THE DE5 PARTMENT OF DEFENSE CENTRAL INDEX OF 

6 INVESTIGATIONS, AND OTHER RECORDS AND 

7 DATABASES. 

8 (a) POLICY AND PROCESS REQUIRED.—Not later 

9 than October 1, 2021, the Secretary of Defense shall es10 tablish and maintain a policy and process through which 

11 any covered person may request that the person’s name, 

12 personally identifying information, and other information 

13 pertaining to the person shall, in accordance with sub14 section (c), be corrected in, or expunged or otherwise re15 moved from, the following: 

16 (1) A law enforcement or criminal investigative 

17 report of the Department of Defense or any compo18 nent of the Department. 

19 (2) An index item or entry in the Department 

20 of Defense Central Index of Investigations (DCII). 

21 (3) Any other record maintained in connection 

22 with a report described in paragraph (1), or an 

23 index item or entry described in paragraph (2), in 

24 any system of records, records database, records 


pbinns on DSKJLVW7X2PROD with BILLS
351 

•S 4049 RS

1 center, or repository maintained by or on behalf of 

2 the Department. 

3 (b) COVERED PERSONS.—For purposes of this sec4 tion, a covered person is any person whose name was 

5 placed or reported, or is maintained— 

6 (1) in the subject or title block of a law enforce7 ment or criminal investigative report of the Depart8 ment of Defense (or any component of the Depart9 ment); 

10 (2) as an item or entry in the Department of 

11 Defense Central Index of Investigations; or 

12 (3) in any other record maintained in connec13 tion with a report described in paragraph (1), or an 

14 index item or entry described in paragraph (2), in 

15 any system of records, records database, records 

16 center, or repository maintained by or on behalf of 

17 the Department. 

18 (c) ELEMENTS.—The policy and process required by 

19 subsection (a) shall include the following elements: 

20 (1) BASIS FOR CORRECTION OR

21 EXPUNGEMENT.—That the name, personally identi22 fying information, and other information of a cov23 ered person shall be corrected in, or expunged or 

24 otherwise removed from, a report, item or entry, or 


pbinns on DSKJLVW7X2PROD with BILLS
352 

•S 4049 RS

1 record described in paragraphs (1) through (3) of 

2 subsection (a) in the following circumstances: 

3 (A) Probable cause did not or does not 

4 exist to believe that the offense for which the 

5 person’s name was placed or reported, or is 

6 maintained, in such report, item or entry, or 

7 record occurred, or insufficient evidence existed 

8 or exists to determine whether or not such of9 fense occurred. 

10 (B) Probable cause did not or does not 

11 exist to believe that the person actually com12 mitted the offense for which the person’s name 

13 was so placed or reported, or is so maintained, 

14 or insufficient evidence existed or exists to de15 termine whether or not the person actually com16 mitted such offense. 

17 (C) Such other circumstances, or on such 

18 other bases, as the Secretary may specify in es19 tablishing the policy and process, which cir20 cumstances and bases may not be inconsistent 

21 with the circumstances and bases provided by 

22 subparagraphs (A) and (B). 

23 (2) CONSIDERATIONS.—While not dispositive as 

24 to the existence of a circumstance or basis set forth 

25 in paragraph (1), the following shall be considered 


pbinns on DSKJLVW7X2PROD with BILLS
353 

•S 4049 RS

1 in the determination whether such circumstance or 

2 basis applies to a covered person for purposes of this 

3 section: 

4 (A) The extent or lack of corroborating 

5 evidence against the covered person concerned 

6 with respect to the offense at issue. 

7 (B) Whether adverse administrative, dis8 ciplinary, judicial, or other such action was ini9 tiated against the covered person for the offense 

10 at issue. 

11 (C) The type, nature, and outcome of any 

12 action described in subparagraph (B) against 

13 the covered person. 

14 (3) PROCEDURES.—The policy and process re15 quired by subsection (a) shall include procedures as 

16 follows: 

17 (A) Procedures under which a covered per18 son may appeal a determination of the applica19 ble component of the Department of Defense 

20 denying, whether in whole or in part, a request 

21 for purposes of subsection (a). 

22 (B) Procedures under which the applicable 

23 component of the Department will correct, ex24 punge or remove, take other appropriate action 

25 on, or assist a covered person in so doing, any 


pbinns on DSKJLVW7X2PROD with BILLS
354 

•S 4049 RS

1 record maintained by a person, organization, or 

2 entity outside of the Department to which such 

3 component provided, submitted, or transmitted 

4 information about the covered person, which in5 formation has or will be corrected in, or ex6 punged or removed from, Department records 

7 pursuant to this section. 

8 (C) The timeline pursuant to which the 

9 Department, or a component of the Depart10 ment, as applicable, will respond to each of the 

11 following: 

12 (i) A request pursuant to subsection 

13 (a). 

14 (ii) An appeal under the procedures 

15 required by subparagraph (A). 

16 (iii) A request for assistance under 

17 the procedures required by subparagraph 

18 (B). 

19 (D) Mechanisms through which the De20 partment will keep a covered person apprised of 

21 the progress of the Department on a covered 

22 person’s request or appeal as described in sub23 paragraph (C). 

24 (d) APPLICABILITY.—The policy and process re25 quired to be developed by the Secretary under subsection 


pbinns on DSKJLVW7X2PROD with BILLS
355 

•S 4049 RS

1 (a) shall not be subject to the notice and comment rule2 making requirements under section 553 of title 5, United 

3 States Code. 

4 (e) REPORT.—Not later than October 1, 2021, the 

5 Secretary shall submit to the Committees on Armed Serv6 ices of the Senate and the House of Representatives a re7 port on the actions taken to carry out this section, includ8 ing a comprehensive description of the policy and process 

9 developed and implemented by the Secretary under sub10 section (a). 

11 SEC. 587. NATIONAL EMERGENCY EXCEPTION FOR TIMING 

12 REQUIREMENTS WITH RESPECT TO CERTAIN 

13 SURVEYS OF MEMBERS OF THE ARMED 

14 FORCES. 

15 (a) MEMBERS OF REGULAR AND RESERVE COMPO16 NENTS.—Subsection (d) of section 481 of title 10, United 

17 States Code, is amended to read as follows: 

18 ‘‘(d) WHEN SURVEYS REQUIRED.—(1) The Armed 

19 Forces Workplace and Gender Relations Surveys of the 

20 Active Duty and the Armed Forces Workplace and Gender 

21 Relations Survey of the Reserve Components shall each 

22 be conducted once every two years. The surveys may be 

23 conducted within the same year or in two separate years, 

24 and shall be conducted in a manner designed to reduce 

25 the burden of the surveys on members of the armed forces. 


pbinns on DSKJLVW7X2PROD with BILLS
356 

•S 4049 RS

1 ‘‘(2) The two Armed Forces Workplace and Equal 

2 Opportunity Surveys shall be conducted at least once every 

3 four years. The surveys may be conducted within the same 

4 year or in two separate years, and shall be conducted in 

5 a manner designed to reduce the burden of the surveys 

6 on members of the armed forces. 

7 ‘‘(3)(A) The Secretary of Defense may postpone the 

8 conduct of a survey under this section if the Secretary de9 termines that conducting such survey is not practicable 

10 due to a war or national emergency declared by the Presi11 dent or Congress. 

12 ‘‘(B) The Secretary shall ensure that a survey post13 poned under subparagraph (A) is conducted as soon as 

14 practicable after the end of the period of war or national 

15 emergency concerned, or earlier if the Secretary deter16 mines appropriate. 

17 ‘‘(C) The Secretary shall notify Congress of a deter18 mination under subparagraph (A) not later than 30 days 

19 after the date on which the Secretary makes such deter20 mination.’’. 

21 (b) CADETS AND MIDSHIPMEN.— 

22 (1) UNITED STATES MILITARY ACADEMY.—Sec23 tion 7461(c) of title 10, United States Code, is 

24 amended by adding at the end the following new 

25 paragraph: 


pbinns on DSKJLVW7X2PROD with BILLS
357 

•S 4049 RS

1 ‘‘(3)(A) The Secretary of Defense may postpone the 

2 conduct of an assessment under this subsection if the Sec3 retary determines that conducting such assessment is not 

4 practicable due to a war or national emergency declared 

5 by the President or Congress. 

6 ‘‘(B) The Secretary of Defense shall ensure that an 

7 assessment postponed under subparagraph (A) is con8 ducted as soon as practicable after the end of the period 

9 of war or national emergency concerned, or earlier if the 

10 Secretary determines appropriate. 

11 ‘‘(C) The Secretary of Defense shall notify Congress 

12 of a determination under subparagraph (A) not later than 

13 30 days after the date on which the Secretary makes such 

14 determination.’’. 

15 (2) UNITED STATES NAVAL ACADEMY.—Section 

16 8480(c) of such title is amended by adding at the 

17 end the following new paragraph: 

18 ‘‘(3)(A) The Secretary of Defense may postpone the 

19 conduct of an assessment under this subsection if the Sec20 retary determines that conducting such assessment is not 

21 practicable due to a war or national emergency declared 

22 by the President or Congress. 

23 ‘‘(B) The Secretary of Defense shall ensure that an 

24 assessment postponed under subparagraph (A) is con25 ducted as soon as practicable after the end of the period 


pbinns on DSKJLVW7X2PROD with BILLS
358 

•S 4049 RS

1 of war or national emergency concerned, or earlier if the 

2 Secretary determines appropriate. 

3 ‘‘(C) The Secretary of Defense shall notify Congress 

4 of a determination under subparagraph (A) not later than 

5 30 days after the date on which the Secretary makes such 

6 determination.’’. 

7 (3) UNITED STATES AIR FORCE ACADEMY.— 

8 Section 9461(c) of such title is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(3)(A) The Secretary of Defense may postpone the 

11 conduct of an assessment under this subsection if the Sec12 retary determines that conducting such assessment is not 

13 practicable due to a war or national emergency declared 

14 by the President or Congress. 

15 ‘‘(B) The Secretary of Defense shall ensure that an 

16 assessment postponed under subparagraph (A) is con17 ducted as soon as practicable after the end of the period 

18 of war or national emergency concerned, or earlier if the 

19 Secretary determines appropriate. 

20 ‘‘(C) The Secretary of Defense shall notify Congress 

21 of a determination under subparagraph (A) not later than 

22 30 days after the date on which the Secretary makes such 

23 determination.’’. 

24 (c) DEPARTMENT OF DEFENSE CIVILIAN EMPLOY25 EES.—Section 481a of title 10, United States Code, is 


pbinns on DSKJLVW7X2PROD with BILLS
359 

•S 4049 RS

1 amended by adding at the end the following new sub2 section: 

3 ‘‘(d) POSTPONEMENT.—(1) The Secretary of Defense 

4 may postpone the conduct of a survey under this section 

5 if the Secretary determines that conducting such survey 

6 is not practicable due to a war or national emergency de7 clared by the President or Congress. 

8 ‘‘(2) The Secretary shall ensure that a survey post9 poned under paragraph (1) is conducted as soon as prac10 ticable after the end of the period of war or national emer11 gency concerned, or earlier if the Secretary determines ap12 propriate. 

13 ‘‘(3) The Secretary shall notify Congress of a deter14 mination under paragraph (1) not later than 30 days after 

15 the date on which the Secretary makes such determina16 tion.’’. 

17 SEC. 588. SUNSET AND TRANSFER OF FUNCTIONS OF THE 

18 PHYSICAL DISABILITY BOARD OF REVIEW. 

19 Section 1554a of title 10, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(g) SUNSET.—(1) On or after October 1, 2020, the 

23 Secretary of Defense may sunset the Physical Disability 

24 Board of Review under this section. 


pbinns on DSKJLVW7X2PROD with BILLS
360 

•S 4049 RS

1 ‘‘(2) If the Secretary sunsets the Physical Disability 

2 Board of Review under paragraph (1), the Secretary shall 

3 transfer any remaining requests for review pending at that 

4 time, and shall assign any new requests for review under 

5 this section, to a board for the correction of military 

6 records operated by the Secretary concerned under section 

7 1552 of this title.. 

8 ‘‘(3) Subsection (c)(4) shall not apply with respect 

9 to any review conducted by a board for the correction of 

10 military records under paragraph (2).’’. 

11 SEC. 589. EXTENSION OF REPORTING DEADLINE FOR THE 

12 ANNUAL REPORT ON THE ASSESSMENT OF 

13 THE EFFECTIVENESS OF ACTIVITIES OF THE 

14 FEDERAL VOTING ASSISTANCE PROGRAM. 

15 (a) ELIMINATION OF REPORTS FOR NON-ELECTION

16 YEARS.—Section 105A(b) of the Uniformed and Overseas 

17 Citizens Absentee Voting Act (52 U.S.C. 20308(b)) is 

18 amended, in the matter preceding paragraph (1)— 

19 (1) by striking ‘‘March 31 of each year’’ and in20 serting ‘‘September 30 of each odd-numbered year’’; 

21 and 

22 (2) by striking ‘‘the following information’’ and 

23 inserting ‘‘the following information with respect to 

24 the Federal elections held during the preceding cal25 endar year’’. 


pbinns on DSKJLVW7X2PROD with BILLS
361 

•S 4049 RS

1 (b) CONFORMING AMENDMENTS.—Subsection (b) of 

2 section 105A of such Act (52 U.S.C. 20308(b)) is amend3 ed— 

4 (1) in the subsection heading, by striking ‘‘AN5 NUAL REPORT’’ and inserting ‘‘BIENNIAL REPORT’’; 

6 and 

7 (2) in paragraph (3), by striking ‘‘In the case 

8 of’’ and all that follows through ‘‘a description’’ and 

9 inserting ‘‘A description’’. 

10 SEC. 590. PILOT PROGRAMS ON REMOTE PROVISION BY NA11 TIONAL GUARD TO STATE GOVERNMENTS 

12 AND NATIONAL GUARDS OF OTHER STATES 

13 OF CYBERSECURITY TECHNICAL ASSISTANCE 

14 IN TRAINING, PREPARATION, AND RESPONSE 

15 TO CYBER INCIDENTS. 

16 (a) PILOT PROGRAMS AUTHORIZED.—The Secretary 

17 of the Army and the Secretary of the Air Force may each, 

18 in consultation with the Chief of the National Guard Bu19 reau, conduct a pilot program to assess the feasibility and 

20 advisability of the development of a capability within the 

21 National Guard through which a National Guard of a 

22 State remotely provides State governments and National 

23 Guards of other States (whether or not in the same Armed 

24 Force as the providing National Guard) with cybersecurity 

25 technical assistance in training, preparation, and response 


pbinns on DSKJLVW7X2PROD with BILLS
362 

•S 4049 RS

1 to cyber incidents. If such Secretary elects to conduct such 

2 a pilot program, such Secretary shall be known as an ‘‘ad3 ministering Secretary’’ for purposes of this section, and 

4 any reference in this section to ‘‘the pilot program’’ shall 

5 be treated as a reference to the pilot program conducted 

6 by such Secretary. 

7 (b) ASSESSMENT PRIOR TO COMMENCEMENT.—For 

8 purposes of evaluating existing platforms, technologies, 

9 and capabilities under subsection (c), and for establishing 

10 eligibility and participation requirements under subsection 

11 (d), for purposes of the pilot program, an administering 

12 Secretary, in consultation with the Chief of the National 

13 Guard Bureau, shall, prior to commencing the pilot pro14 gram— 

15 (1) conduct an assessment of— 

16 (A) existing cyber response capacities of 

17 the Army National Guard or Air National 

18 Guard, as applicable, in each State; and 

19 (B) any existing platform, technology, or 

20 capability of a National Guard that provides the 

21 capability described in subsection (a); and 

22 (2) determine whether a platform, technology, 

23 or capability described in paragraph (1)(B) is suit24 able for expansion for purposes of the pilot program. 


pbinns on DSKJLVW7X2PROD with BILLS
363 

•S 4049 RS

1 (c) ELEMENTS.—A pilot program under subsection 

2 (a) shall include the following: 

3 (1) A technical capability that enables the Na4 tional Guard of a State to remotely provide cyberse5 curity technical assistance to State governments and 

6 National Guards of other States, without the need to 

7 deploy outside its home State. 

8 (2) Policies, processes, procedures, and authori9 ties for use of such a capability, including with re10 spect to the following: 

11 (A) The roles and responsibilities of both 

12 requesting and deploying State governments 

13 and National Guards with respect to such tech14 nical assistance, taking into account the mat15 ters specified in subsection (f). 

16 (B) Necessary updates to the Defense 

17 Cyber Incident Coordinating Procedure, or any 

18 other applicable Department of Defense instruc19 tion, for purposes of implementing the capa20 bility. 

21 (C) Program management and governance 

22 structures for deployment and maintenance of 

23 the capability. 


pbinns on DSKJLVW7X2PROD with BILLS
364 

•S 4049 RS

1 (D) Security when performing remote sup2 port, including such in matters such as authen3 tication and remote sensing. 

4 (3) The conduct, in coordination with the Chief 

5 of the National Guard Bureau and the Secretary of 

6 Homeland Security and in consultation with the Di7 rector of the Federal Bureau of Investigation, other 

8 Federal agencies, and appropriate non-Federal enti9 ties, of at least one exercise to demonstrate the ca10 pability, which exercise shall include the following: 

11 (A) Participation of not fewer than two 

12 State governments and their National Guards. 

13 (B) Circumstances designed to test and 

14 validate the policies, processes, procedures, and 

15 authorities developed pursuant to paragraph 

16 (2). 

17 (C) An after action review of the exercise. 

18 (d) USE OF EXISTING TECHNOLOGY.—An admin19 istering Secretary may use an existing platform, tech20 nology, or capability to provide the capability described in 

21 subsection (a) under the pilot program. 

22 (e) ELIGIBILITY AND PARTICIPATION REQUIRE23 MENTS.—An administering Secretary shall, in consulta24 tion with the Chief of the National Guard Bureau, estab25 lish requirements with respect to eligibility and participaVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
365 

•S 4049 RS

1 tion of State governments and their National Guards in 

2 the pilot program. 

3 (f) CONSTRUCTION WITH CERTAIN CURRENT AU4 THORITIES.— 

5 (1) COMMAND AUTHORITIES.—Nothing in a 

6 pilot program under subsection (a) may be construed 

7 as affecting or altering the command authorities 

8 otherwise applicable to any unit of the National 

9 Guard unit participating in the pilot program. 

10 (2) EMERGENCY MANAGEMENT ASSISTANCE

11 COMPACT.—Nothing in a pilot program may be con12 strued as affecting or altering any current agree13 ment under the Emergency Management Assistance 

14 Compact, or any other State agreements, or as de15 terminative of the future content of any such agree16 ment. 

17 (g) EVALUATION METRICS.—An administering Sec18 retary shall, in consultation with the Chief of the National 

19 Guard Bureau and the Secretary of Homeland Security, 

20 establish metrics to evaluate the effectiveness of the pilot 

21 program. 

22 (h) TERM.—A pilot program under subsection (a) 

23 shall terminate on the date that is three years after the 

24 date of the commencement of the pilot program. 

25 (i) REPORTS.— 


pbinns on DSKJLVW7X2PROD with BILLS
366 

•S 4049 RS

1 (1) INITIAL REPORT.—Not later than 180 days 

2 after the date of the commencement of the pilot pro3 gram, the administering Secretary shall submit to 

4 the appropriate committees of Congress a report set5 ting forth a description of the pilot program and 

6 such other matters in connection with the pilot pro7 gram as the Secretary considers appropriate. 

8 (2) FINAL REPORT.—Not later than 180 days 

9 after the termination of the pilot program, the ad10 ministering Secretary shall submit to the appro11 priate committees of Congress a report on the pilot 

12 program. The report shall include the following: 

13 (A) A description of the pilot program, in14 cluding any partnerships entered into by the 

15 Chief of the National Guard Bureau under the 

16 pilot program. 

17 (B) A summary of the assessment per18 formed prior to the commencement of the pilot 

19 program in accordance with subsection (b). 

20 (C) A summary of the evaluation metrics 

21 established in accordance with subsection (g). 

22 (D) An assessment of the effectiveness of 

23 the pilot program, and of the capability de24 scribed in subsection (a) under the pilot pro25 gram. 


pbinns on DSKJLVW7X2PROD with BILLS
367 

•S 4049 RS

1 (E) A description of costs associated with 

2 the implementation and conduct of the pilot 

3 program. 

4 (F) A recommendation as to the termi5 nation or extension of the pilot program, or the 

6 making of the pilot program permanent with an 

7 expansion nationwide. 

8 (G) An estimate of the costs of making the 

9 pilot program permanent and expanding it na10 tionwide in accordance with the recommenda11 tion in subparagraph (F). 

12 (H) Such recommendations for legislative 

13 or administrative action as the Secretary con14 siders appropriate in light of the pilot program. 

15 (3) APPROPRIATE COMMITTEES OF CONGRESS

16 DEFINED.—In this subsection, the term ‘‘appro17 priate committees of Congress’’ means— 

18 (A) the Committee on Armed Services and 

19 the Committee on Homeland Security and Gov20 ernmental Affairs of the Senate; and 

21 (B) the Committee on Armed Services and 

22 the Committee on Homeland Security of the 

23 House of Representatives. 

24 (j) STATE DEFINED.—In this section, the term 

25 ‘‘State’’ means each of the several States, the District of 


pbinns on DSKJLVW7X2PROD with BILLS
368 

•S 4049 RS

1 Columbia, the Commonwealth of Puerto Rico, American 

2 Samoa, Guam, the United States Virgin Islands, and the 

3 Commonwealth of the Northern Mariana Islands. 

4 SEC. 591. PLAN ON PERFORMANCE OF FUNERAL HONORS 

5 DETAILS BY MEMBERS OF OTHER ARMED 

6 FORCES WHEN MEMBERS OF THE ARMED 

7 FORCE OF THE DECEASED ARE UNAVAIL8 ABLE. 

9 (a) BRIEFING ON PLAN.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the Sec12 retary of Defense shall provide a briefing to the 

13 Committees on Armed Services of the Senate and 

14 the House of Representatives setting forth a plan for 

15 the performance of a funeral honors detail at the fu16 neral of a deceased member of the Armed Forces by 

17 one or more members of the Armed Forces from an 

18 Armed Force other than that of the deceased 

19 when— 

20 (A) members of the Armed Force of the 

21 deceased are unavailable for the performance of 

22 the detail; and 

23 (B) the performance of the detail by mem24 bers of other Armed Forces is requested by the 

25 family of the deceased. 


pbinns on DSKJLVW7X2PROD with BILLS
369 

•S 4049 RS

1 (2) REPEAL OF REQUIREMENT FOR ONE MEM2 BER OF ARMED FORCE OF DECEASED IN DETAIL.— 

3 Section 1491(b)(2) of title 10, United States Code, 

4 is amended in the first sentence by striking ‘‘, at 

5 least one of whom shall be a member of the armed 

6 force of which the veteran was a member’’. 

7 (3) PERFORMANCE.—The plan required by 

8 paragraph (1) shall authorize the performance of fu9 neral honors details by members of the Army Na10 tional Guard and the Air National Guard under sec11 tion 115 of title 32, United States Code, and may 

12 authorize the remainder of such details to consist of 

13 members of veterans organizations or other organi14 zations approved for purposes of section 1491 of 

15 title 10, United States Code, as provided for by sub16 section (b)(2) of such section 1491. 

17 (b) ELEMENTS.—The briefing under subsection (a) 

18 shall include a description in detail the authorities and re19 quirements for the implementation of the plan, including 

20 administrative, logistical, coordination, and funding au21 thorities and requirements. 

22 SEC. 592. LIMITATION ON IMPLEMENTATION OF ARMY 

23 COMBAT FITNESS TEST. 

24 The Secretary of the Army may not implement the 

25 Army Combat Fitness Test until the Secretary receives 


pbinns on DSKJLVW7X2PROD with BILLS
370 

•S 4049 RS

1 results of a study, conducted for purposes of this section 

2 by an entity independent of the Department of Defense, 

3 on the following: 

4 (1) The extent, if any, to which the test would 

5 adversely impact members of the Army stationed or 

6 deployed to climates or areas with conditions that 

7 make prohibitive the conduct of outdoor physical 

8 training on a frequent or sustained basis. 

9 (2) The extent, if any, to which the test would 

10 affect recruitment and retention in critical support 

11 military occupational specialties (MOS) of the Army, 

12 such as medical personnel. 

13 TITLE VI—COMPENSATION AND 

14 OTHER PERSONNEL BENEFITS 

15 Subtitle A—Pay and Allowances 

16 SEC. 601. REORGANIZATION OF CERTAIN ALLOWANCES 

17 OTHER THAN TRAVEL AND TRANSPORTATION 

18 ALLOWANCES. 

19 (a) PER DIEM FOR DUTY OUTSIDE THE CONTI20 NENTAL UNITED STATES.— 

21 (1) TRANSFER TO CHAPTER 7.—Section 475 of 

22 title 37, United States Code, is transferred to chap23 ter 7 of such title, inserted after section 403b, and 

24 redesignated as section 405. 


pbinns on DSKJLVW7X2PROD with BILLS
371 

•S 4049 RS

1 (2) REPEAL OF TERMINATION PROVISION.— 

2 Section 405 of title 37, United States Code, as 

3 added by paragraph (1), is amended by striking sub4 section (f). 

5 (3) RETITLING OF AUTHORITY.—The heading 

6 of section 405 of title 37, United States Code, as so 

7 added, is amended to read as follows: 

8 ‘‘§ 405. Per diem while on duty outside the conti9 nental United States’’. 

10 (b) ALLOWANCE FOR FUNERAL HONORS DUTY.— 

11 (1) TRANSFER TO CHAPTER 7.—Section 495 of 

12 title 37, United States Code, is transferred to chap13 ter 7 of such title, inserted after section 433a, and 

14 redesignated as section 435. 

15 (2) REPEAL OF TERMINATION PROVISION.— 

16 Section 435 of title 37, United States Code, as 

17 added by paragraph (1), is amended by striking sub18 section (c). 

19 (c) CLERICAL AMENDMENTS.— 

20 (1) CHAPTER 7.—The table of sections at the 

21 beginning of chapter 7 of such title 37, United 

22 States Code, is amended— 

23 (A) by inserting after the item relating to 

24 section 403b the following new item: 

‘‘405. Per diem while on duty outside the continental United States.’’; 

25 and 


pbinns on DSKJLVW7X2PROD with BILLS
372 

•S 4049 RS

1 (B) by inserting after the item relating to 

2 section 433a the following new item: 

‘‘435. Funeral honors duty: allowance.’’. 

3 (2) CHAPTER 8.—The table of sections at the 

4 beginning of chapter 8 of such title is amended by 

5 striking the items relating to sections 475 and 495. 

6 SEC. 602. HAZARDOUS DUTY PAY FOR MEMBERS OF THE 

7 ARMED FORCES PERFORMING DUTY IN RE8 SPONSE TO THE CORONAVIRUS DISEASE 2019. 

9 (a) IN GENERAL.—The Secretary of the military de10 partment concerned shall pay hazardous duty pay under 

11 this section to a member of a regular or reserve component 

12 of the Armed Forces who— 

13 (1) performs duty in response to the 

14 Coronavirus Disease 2019 (COVID–19); and 

15 (2) is entitled to basic pay under section 204 of 

16 title 37, United States Code, or compensation under 

17 section 206 of such title, for the performance of 

18 such duty. 

19 (b) REGULATIONS.—Hazardous duty pay shall be 

20 payable under this section in accordance with regulations 

21 prescribed by the Secretary of Defense. Such regulations 

22 shall specify the duty in response to the Coronavirus Dis23 ease 2019 qualifying a member for payment of such pay 

24 under this section. 


pbinns on DSKJLVW7X2PROD with BILLS
373 

•S 4049 RS

1 (c) AMOUNT.—The amount of hazardous duty pay 

2 paid a member under this section shall be such amount 

3 per month, not less than $150 per month, as the Secretary 

4 of Defense shall specify in the regulations under sub5 section (b). 

6 (d) MONTHLY PAYMENT; NO PRORATION.— 

7 (1) MONTHLY PAYMENT.—Hazardous duty pay 

8 under this section shall be paid on a monthly basis. 

9 (2) NO PRORATION.—Hazardous duty pay is 

10 payable to a member under this section for a month 

11 if the member performs any duty in that month 

12 qualifying the person for payment of such pay. 

13 (e) MONTHS FOR WHICH PAYABLE.—Hazardous 

14 duty pay is payable under this section for qualifying duty 

15 performed in months occurring during the period— 

16 (1) beginning on January 1, 2020; and 

17 (2) ending on December 31, 2020. 

18 (f) CONSTRUCTION WITH OTHER PAY.—Hazardous 

19 duty pay payable to a member under this section is in ad20 dition to the following: 

21 (1) Any other pay and allowances to which the 

22 member is entitled by law. 

23 (2) Any other hazardous duty pay to which the 

24 member is entitled under section 351 of title 37, 

25 United States Code (or any other provision of law), 


pbinns on DSKJLVW7X2PROD with BILLS
374 

•S 4049 RS

1 for duty that also constitutes qualifying duty for 

2 payment of such pay under this section. 

3 (g) SENSE OF SENATE.—It is the sense of the Senate 

4 that the Secretary of Defense should also authorize haz5 ardous duty pay for members of the Armed Forces not 

6 under orders specific to the response to the Coronavirus 

7 Disease 2019 who provide— 

8 (1) healthcare in a military medical treatment 

9 facility for individuals infected with the Coronavirus 

10 Disease 2019; or 

11 (2) technical or administrative support for the 

12 provision of healthcare as described in paragraph 

13 (1). 

14 Subtitle B—Bonuses and Special 

15 and Incentive Pays 

16 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

17 BONUS AND SPECIAL PAY AUTHORITIES. 

18 (a) AUTHORITIES RELATING TO RESERVE

19 FORCES.—Section 910(g) of title 37, United States Code, 

20 relating to income replacement payments for reserve com21 ponent members experiencing extended and frequent mo22 bilization for active duty service, is amended by striking 

23 ‘‘December 31, 2020’’ and inserting ‘‘December 31, 

24 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
375 

•S 4049 RS

1 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

2 CARE PROFESSIONALS.—The following sections of title 

3 10, United States Code, are amended by striking ‘‘Decem4 ber 31, 2020’’ and inserting ‘‘December 31, 2021’’: 

5 (1) Section 2130a(a)(1), relating to nurse offi6 cer candidate accession program. 

7 (2) Section 16302(d), relating to repayment of 

8 education loans for certain health professionals who 

9 serve in the Selected Reserve. 

10 (c) AUTHORITIES RELATING TO NUCLEAR OFFI11 CERS.—Section 333(i) of title 37, United States Code, is 

12 amended by striking ‘‘December 31, 2020’’ and inserting 

13 ‘‘December 31, 2021’’. 

14 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI15 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU16 THORITIES.—The following sections of title 37, United 

17 States Code, are amended by striking ‘‘December 31, 

18 2020’’ and inserting ‘‘December 31, 2021’’: 

19 (1) Section 331(h), relating to general bonus 

20 authority for enlisted members. 

21 (2) Section 332(g), relating to general bonus 

22 authority for officers. 

23 (3) Section 334(i), relating to special aviation 

24 incentive pay and bonus authorities for officers. 


pbinns on DSKJLVW7X2PROD with BILLS
376 

•S 4049 RS

1 (4) Section 335(k), relating to special bonus 

2 and incentive pay authorities for officers in health 

3 professions. 

4 (5) Section 336(g), relating to contracting 

5 bonus for cadets and midshipmen enrolled in the 

6 Senior Reserve Officers’ Training Corps. 

7 (6) Section 351(h), relating to hazardous duty 

8 pay. 

9 (7) Section 352(g), relating to assignment pay 

10 or special duty pay. 

11 (8) Section 353(i), relating to skill incentive 

12 pay or proficiency bonus. 

13 (9) Section 355(h), relating to retention incen14 tives for members qualified in critical military skills 

15 or assigned to high priority units. 

16 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE

17 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 

18 403(b)(7)(E) of title 37, United States Code, is amended 

19 by striking ‘‘December 31, 2020’’ and inserting ‘‘Decem20 ber 31, 2021’’. 

21 SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR 

22 OFFICERS IN HEALTH PROFESSIONS. 

23 (a) ACCESSION BONUS GENERALLY.—Subparagraph 

24 (A) of section 335(e)(1) of title 37, United States Code, 


pbinns on DSKJLVW7X2PROD with BILLS
377 

•S 4049 RS

1 is amended by striking ‘‘$30,000’’ and inserting 

2 ‘‘$100,000’’. 

3 (b) ACCESSION BONUS FOR CRITICALLY SHORT

4 WARTIME SPECIALTIES.—Subparagraph (B) of such sec5 tion is amended by striking ‘‘$100,000’’ and inserting 

6 ‘‘$200,000’’. 

7 (c) RETENTION BONUS.—Subparagraph (C) of such 

8 section is amended by striking ‘‘$75,000’’ and inserting 

9 ‘‘$150,000’’. 

10 (d) INCENTIVE PAY.—Subparagraph (D) of such sec11 tion is amended— 

12 (1) in clause (i), by striking ‘‘$100,000’’ and 

13 inserting ‘‘$200,000’’; and 

14 (2) in clause (ii), by striking ‘‘$15,000’’ and in15 serting ‘‘$50,000’’. 

16 (e) BOARD CERTIFICATION PAY.—Subparagraph (E) 

17 of such section is amended by striking ‘‘$6,000’’ and in18 serting ‘‘$15,000’’. 

19 (f) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on October 1, 2020, and shall 

21 apply with respect to special bonus and incentive pays pay22 able under section 335 of title 37, United States Code, 

23 pursuant to agreements entered into under that section 

24 on or after that date. 


pbinns on DSKJLVW7X2PROD with BILLS
378 

•S 4049 RS

1 Subtitle C—Disability Pay, Retired 

2 Pay, and Survivor Benefits 

3 SEC. 621. INCLUSION OF DRILL OR TRAINING FOREGONE 

4 DUE TO EMERGENCY TRAVEL OR DUTY RE5 STRICTIONS IN COMPUTATIONS OF ENTITLE6 MENT TO AND AMOUNTS OF RETIRED PAY 

7 FOR NON-REGULAR SERVICE. 

8 (a) ENTITLEMENT TO RETIRED PAY.—Section 

9 12732(a)(2) of title 10, United States Code, is amended— 

10 (1) by inserting after subparagraph (E) the fol11 lowing new subparagraph: 

12 ‘‘(F)(i) Subject to regulations prescribed 

13 by the Secretary of Defense or the Secretary of 

14 Homeland Security with respect to matters con15 cerning the Coast Guard when it is not oper16 ating as a service in the Department of the 

17 Navy, one point for each day of active service 

18 or one point for each drill or period of equiva19 lent instruction that was prescribed by the Sec20 retary concerned to be performed during the 

21 covered emergency period, if such person was 

22 prevented from performing such duty due to 

23 travel or duty restrictions imposed by the Presi24 dent, the Secretary of Defense, or the Secretary 


pbinns on DSKJLVW7X2PROD with BILLS
379 

•S 4049 RS

1 of Homeland Security with respect to the Coast 

2 Guard. 

3 ‘‘(ii) A person may not be credited more 

4 than 35 points in a one-year period under this 

5 subparagraph. 

6 ‘‘(iii) In this subparagraph, the term ‘cov7 ered emergency period’ means the period begin8 ning on March 1, 2020, and ending on the day 

9 that is 60 days after the date on which the 

10 travel or duty restriction applicable to the per11 son concerned is lifted.’’; and 

12 (2) in the matter following subparagraph (F), 

13 as inserted by paragraph (1), by striking ‘‘and (E)’’ 

14 and inserting ‘‘(E), and (F)’’. 

15 (b) AMOUNT OF RETIRED PAY.—Section 12733(3) of 

16 such title is amended in the matter preceding subpara17 graph (A), by striking ‘‘or (D)’’ and inserting ‘‘(D), or 

18 (F)’’. 

19 SEC. 622. MODERNIZATION AND CLARIFICATION OF PAY20 MENT OF CERTAIN RESERVES WHILE ON 

21 DUTY. 

22 (a) CHANGE IN PRIORITY OF PAYMENTS FOR RE23 TIRED OR RETAINER PAY.—Subsection (a) of section 

24 12316 of title 10, United States Code, is amended— 

25 (1) in the matter preceding paragraph (1)— 


pbinns on DSKJLVW7X2PROD with BILLS
380 

•S 4049 RS

1 (A) by striking ‘‘subsection (b)’’ and in2 serting ‘‘subsection (c)’’; and 

3 (B) by striking ‘‘his earlier military serv4 ice’’ and inserting ‘‘the Reserve’s earlier mili5 tary service’’; 

6 (C) by striking ‘‘a pension, retired or re7 tainer pay, or disability compensation’’ and in8 serting ‘‘retired or retainer pay’’; and 

9 (D) by striking ‘‘he is entitled’’ and insert10 ing ‘‘the Reserve is entitled’’; and 

11 (2) by striking paragraphs (1) and (2) and in12 serting the following new paragraphs: 

13 ‘‘(1) the pay and allowances authorized by law 

14 for the duty that the Reserve is performing; or 

15 ‘‘(2) if the Reserve specifically waives those 

16 payments, the retired or retainer pay to which the 

17 Reserve is entitled because of the Reserve’s earlier 

18 military service.’’. 

19 (b) PAYMENTS FOR PENSION OR DISABILITY COM20 PENSATION.—Such section is further amended— 

21 (1) by redesignating subsection (b) as sub22 section (c); and 

23 (2) by inserting after subsection (a) the fol24 lowing new subsection (b): 


pbinns on DSKJLVW7X2PROD with BILLS
381 

•S 4049 RS

1 ‘‘(b) Except as provided by subsection (c), a Reserve 

2 of the Army, Navy, Air Force, Marine Corps, or Coast 

3 Guard who because of the Reserve’s earlier military serv4 ice is entitled to a pension or disability compensation, and 

5 who performs duty for which the Reserve is entitled to 

6 compensation, may elect to receive for that duty either— 

7 ‘‘(1) the pension or disability compensation to 

8 which the Reserve is entitled because of the Re9 serve’s earlier military service; or 

10 ‘‘(2) if the Reserve specifically waives those 

11 payments, the pay and allowances authorized by law 

12 for the duty that the Reserve is performing.’’. 

13 (c) ADDITIONAL CONFORMING AND MODERNIZING

14 AMENDMENTS.—Subsection (c) of such section, as redes15 ignated by subsection (b)(1) of this section, is amended— 

16 (1) by striking ‘‘(a)(2)’’ both places it appears 

17 and inserting ‘‘(a)(1) or (b)(2), as applicable,’’; 

18 (2) by striking ‘‘his earlier military service’’ the 

19 first place it appears and inserting ‘‘a Reserve’s ear20 lier military service’’; 

21 (3) by striking ‘‘his earlier military service’’ 

22 each other place it appears and inserting ‘‘the Re23 serve’s earlier military service’’; 

24 (4) by striking ‘‘he is entitled’’ and inserting 

25 ‘‘the Reserve is entitled’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
382 

•S 4049 RS

1 (5) by striking ‘‘the member or his dependents’’ 

2 and inserting ‘‘the Reserve or the Reserve’s depend3 ents’’. 

4 (d) PROCEDURES.—Such section is further amended 

5 by adding at the end the following new subsection: 

6 ‘‘(d) The Secretary of Defense shall prescribe regula7 tions under which a Reserve of the Army, Navy, Air Force, 

8 Marine Corps, or Coast Guard may waive the pay and al9 lowances authorized by law for the duty the Reserve is 

10 performing under subsection (a)(2) or (b)(2).’’. 

11 (e) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect 180 days after the date of 

13 the enactment of this Act. 

14 Subtitle D—Other Matters 

15 SEC. 631. PERMANENT AUTHORITY FOR AND ENHANCE16 MENT OF THE GOVERNMENT LODGING PRO17 GRAM. 

18 (a) PERMANENT AUTHORITY.—Section 914 of the 

19 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De20 fense Authorization Act for Fiscal Year 2015 (5 U.S.C. 

21 5911 note) is amended— 

22 (1) in subsection (a), by striking ‘‘, for the pe23 riod of time described in subsection (b),’’; and 

24 (2) by striking subsection (b). 


pbinns on DSKJLVW7X2PROD with BILLS
383 

•S 4049 RS

1 (b) EXCLUSION OF CERTAIN SHIPYARD EMPLOY2 EES.—Such section is further amended by inserting after 

3 subsection (a) the following new subsection (b): 

4 ‘‘(b) EXCLUSION OF CERTAIN SHIPYARD EMPLOY5 EES.—In carrying out a Government lodging program 

6 under the authority in subsection (a), the Secretary shall 

7 exclude from the requirements of the program employees 

8 who are traveling for the performance of mission functions 

9 of a public shipyard of the Department if the purpose or 

10 mission of such travel would be adversely affected by the 

11 requirements of the program.’’. 

12 (c) CONFORMING AMENDMENT.—The heading of 

13 such section is amended to read as follows: 

14 ‘‘SEC. 914. GOVERNMENT LODGING PROGRAM.’’. 

15 SEC. 632. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED 

16 AND RESERVE MEMBERS OF THE UNI17 FORMED SERVICES. 

18 (a) CLARIFICATION OF ACTIVITIES FOR WHICH AP19 PROVAL REQUIRED.—Section 908 of title 37, United 

20 States Code, is amended— 

21 (1) in subsection (a)— 

22 (A) in the matter preceding paragraph 

23 (1)— 

24 (i) by striking ‘‘subsection (b)’’ and 

25 inserting ‘‘subsections (b) and (c)’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
384 

•S 4049 RS

1 (ii) by inserting ‘‘, accepting payment 

2 for speeches, travel, meals, lodging, or reg3 istration fees, or accepting a non-cash 

4 award,’’ after ‘‘that employment)’’; and 

5 (B) in paragraph (2), by striking ‘‘armed 

6 forces’’ and inserting ‘‘armed forces, except 

7 members serving on active duty under a call or 

8 order to active duty for a period in excess of 30 

9 days’’; 

10 (2) in the heading of subsection (b), by insert11 ing ‘‘FOR EMPLOYMENT AND COMPENSATION’’ after 

12 ‘‘APPROVAL REQUIRED’’; 

13 (3) by redesignating subsections (c) and (d) as 

14 subsections (d) and (e), respectively; and 

15 (4) by inserting after subsection (b) the fol16 lowing new subsection (c): 

17 ‘‘(c) APPROVAL REQUIRED FOR CERTAIN PAYMENTS

18 AND AWARDS.—A person described in subsection (a) may 

19 accept payment for speeches, travel, meals, lodging, or 

20 registration fees described in that subsection, or accept a 

21 non-cash award described in that subsection, only if the 

22 Secretary concerned approves the payment or award.’’. 

23 (b) ANNUAL REPORTS ON APPROVALS.—Subsection 

24 (d) of such section, as redesignated by subsection (a)(3) 

25 of this section, is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
385 

•S 4049 RS

1 (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’; 

2 (2) in paragraph (1), as designated by para3 graph (1) of this subsection, by inserting ‘‘, and 

4 each approval under subsection (c) for a payment or 

5 award described in subsection (a),’’ after ‘‘in sub6 section (a)’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) The report under paragraph (1) on an approval 

10 described in that paragraph with respect to an officer shall 

11 set forth the following: 

12 ‘‘(A) The foreign government providing the em13 ployment or compensation or payment or award. 

14 ‘‘(B) The duties, if any, to be performed in con15 nection with the employment or compensation or 

16 payment or award. 

17 ‘‘(C) The total amount of compensation, if any, 

18 or payment to be provided.’’. 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) SECTION HEADING.—The heading of such 

21 section is amended to read as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
386 

•S 4049 RS

1 ‘‘§ 908. Reserves and retired members: acceptance of 

2 employment, payments, and awards from 

3 foreign governments’’. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of chapter 17 of such title is 

6 amended by striking the item relating to section 908 

7 and inserting the following new item: 

‘‘908. Reserves and retired members: acceptance of employment, payments, and 

awards from foreign governments.’’. 

8 TITLE VII—HEALTH CARE 

9 PROVISIONS 

10 Subtitle A—TRICARE and Other 

11 Health Care Benefits 

12 SEC. 701. AUTHORITY FOR SECRETARY OF DEFENSE TO 

13 MANAGE PROVIDER TYPE REFERRAL AND SU14 PERVISION REQUIREMENTS UNDER TRICARE 

15 PROGRAM. 

16 Section 1079(a)(12) of title 10, United States Code, 

17 is amended, in the first sentence, by striking ‘‘or certified 

18 clinical social worker,’’ and inserting ‘‘certified clinical so19 cial worker, or other class of provider as designated by 

20 the Secretary of Defense,’’. 


pbinns on DSKJLVW7X2PROD with BILLS
387 

•S 4049 RS

1 SEC. 702. REMOVAL OF CHRISTIAN SCIENCE PROVIDERS AS 

2 AUTHORIZED PROVIDERS UNDER THE 

3 TRICARE PROGRAM. 

4 (a) REPEAL.—Subsection (a) of section 1079 of title 

5 10, United States Code, is amended by striking paragraph 

6 (4). 

7 (b) CONFORMING AMENDMENT.—Paragraph (12) of 

8 such subsection is amended, in the first sentence, by strik9 ing ‘‘, except as authorized in paragraph (4)’’. 

10 SEC. 703. WAIVER OF FEES CHARGED TO CERTAIN CIVIL11 IANS FOR EMERGENCY MEDICAL TREATMENT 

12 PROVIDED AT MILITARY MEDICAL TREAT13 MENT FACILITIES. 

14 Section 1079b of title 10, United States Code, is 

15 amended— 

16 (1) by redesignating subsection (b) as sub17 section (c); and 

18 (2) by inserting after subsection (a) the fol19 lowing new subsection (b): 

20 ‘‘(b) WAIVER OF FEES.—Under the procedures im21 plemented under subsection (a), a military medical treat22 ment facility may waive a fee charged under such proce23 dures to a civilian who is not a covered beneficiary if— 

24 ‘‘(1) after insurance payments, if any, the civil25 ian is not able to pay for the trauma or other med26 ical care provided to the civilian; and 


pbinns on DSKJLVW7X2PROD with BILLS
388 

•S 4049 RS

1 ‘‘(2) the provision of such care enhanced the 

2 medical readiness of the health care provider or 

3 health care providers furnishing such care.’’. 

4 SEC. 704. MENTAL HEALTH RESOURCES FOR MEMBERS OF 

5 THE ARMED FORCES AND THEIR DEPEND6 ENTS DURING THE COVID–19 PANDEMIC. 

7 (a) PLAN.—Not later than 180 days after the date 

8 of the enactment of this Act, the Secretary of Defense 

9 shall develop a plan to protect and promote the mental 

10 health and well-being of members of the Armed Forces 

11 and their dependents, which shall include the following: 

12 (1) A strategy to combat existing stigma sur13 rounding mental health conditions that might deter 

14 such individuals from seeking care. 

15 (2) Guidance to commanding officers at all lev16 els on the mental health ramifications of the 

17 COVID–19 crisis. 

18 (3) Additional training and support for mental 

19 health care professionals of the Department of De20 fense on supporting individuals who are concerned 

21 for the health of themselves and their family mem22 bers, or grieving the loss of loved ones due to 

23 COVID–19. 

24 (4) A strategy to leverage telemedicine to en25 sure safe access to mental health services. 


pbinns on DSKJLVW7X2PROD with BILLS
389 

•S 4049 RS

1 (b) OUTREACH.—The Secretary of Defense shall con2 duct outreach to the military community to identify re3 sources and health care services, including mental health 

4 care services, available under the TRICARE program to 

5 support members of the Armed Forces and their depend6 ents. 

7 (c) DEFINITIONS.—In this section, the terms ‘‘de8 pendent’’ and ‘‘TRICARE program’’ have the meanings 

9 given those terms in section 1072 of such title. 

10 SEC. 705. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN 

11 MEMBERS OF THE NATIONAL GUARD SERV12 ING UNDER ORDERS IN RESPONSE TO THE 

13 CORONAVIRUS (COVID–19). 

14 (a) IN GENERAL.—The Secretary of Defense shall 

15 provide to a member of the National Guard separating 

16 from active service after serving on full-time National 

17 Guard duty pursuant to section 502(f) of title 32, United 

18 States Code, the health benefits authorized under section 

19 1145 of title 10, United States Code, for a member of 

20 a reserve component separating from active duty, as re21 ferred to in subsection (a)(2)(B) of such section 1145, if 

22 the active service from which the member of the National 

23 Guard is separating was in support of the whole of govern24 ment response to the coronavirus (COVID–19). 


pbinns on DSKJLVW7X2PROD with BILLS
390 

•S 4049 RS

1 (b) DEFINITIONS.—In this section, the terms ‘‘active 

2 duty’’, ‘‘active service’’, and ‘‘full-time National Guard 

3 duty’’ have the meanings given those terms in section 

4 101(d) of title 10, United States Code. 

5 SEC. 706. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS 

6 DEMONSTRATION PROJECT. 

7 (a) DEMONSTRATION PROJECT REQUIRED.—Not 

8 later than one year after the date of the enactment of this 

9 Act, the Secretary of Defense shall commence the conduct 

10 of a demonstration project designed to evaluate the cost, 

11 quality of care, and impact on maternal and fetal out12 comes of using extramedical maternal health providers 

13 under the TRICARE program to determine the appro14 priateness of making coverage of such providers under the 

15 TRICARE program permanent. 

16 (b) ELEMENTS OF DEMONSTRATION PROJECT.—The 

17 demonstration project under subsection (a) shall include, 

18 for participants in the demonstration project, the fol19 lowing: 

20 (1) Access to doulas. 

21 (2) Access to lactation consultants who are not 

22 otherwise authorized to provide services under the 

23 TRICARE program. 

24 (c) PARTICIPANTS.—The Secretary shall establish a 

25 process under which covered beneficiaries may enroll in 


pbinns on DSKJLVW7X2PROD with BILLS
391 

•S 4049 RS

1 the demonstration project in order to receive the services 

2 provided under the demonstration project. 

3 (d) DURATION.—The Secretary shall carry out the 

4 demonstration project for a period of five years beginning 

5 on the date on which notification of the commencement 

6 of the demonstration project is published in the Federal 

7 Register. 

8 (e) SURVEY.— 

9 (1) IN GENERAL.—Not later than one year 

10 after the date of the enactment of this Act, and an11 nually thereafter for the duration of the demonstra12 tion project, the Secretary shall administer a survey 

13 to determine— 

14 (A) how many members of the Armed 

15 Forces or spouses of such members give birth 

16 while their spouse or birthing partner is unable 

17 to be present due to deployment, training, or 

18 other mission requirements; 

19 (B) how many single members of the 

20 Armed Forces give birth alone; and 

21 (C) how many members of the Armed 

22 Forces or spouses of such members use doula 

23 support or lactation consultants. 


pbinns on DSKJLVW7X2PROD with BILLS
392 

•S 4049 RS

1 (2) MATTERS COVERED BY THE SURVEY.—The 

2 survey administered under paragraph (1) shall in3 clude an identification of the following: 

4 (A) The race, ethnicity, age, sex, relation5 ship status, military service, military occupa6 tion, and rank, as applicable, of each individual 

7 surveyed. 

8 (B) If individuals surveyed were members 

9 of the Armed Forces or the spouses of such 

10 members, or both. 

11 (C) The length of advanced notice received 

12 by individuals surveyed that the member of the 

13 Armed Forces would be unable to be present 

14 during the birth, if applicable. 

15 (D) Any resources or support that the in16 dividuals surveyed found useful during the 

17 pregnancy and birth process, including doula or 

18 lactation counselor support. 

19 (f) REPORTS.— 

20 (1) IMPLEMENTATION PLAN.—Not later than 

21 180 days after the date of the enactment of this Act, 

22 the Secretary shall submit to the Committees on 

23 Armed Services of the Senate and the House of Rep24 resentatives a plan to implement the demonstration 

25 project. 


pbinns on DSKJLVW7X2PROD with BILLS
393 

•S 4049 RS

1 (2) ANNUAL REPORT.— 

2 (A) IN GENERAL.—Not later than one year 

3 after the commencement of the demonstration 

4 project, and annually thereafter for the dura5 tion of the demonstration project, the Secretary 

6 shall submit to the Committees on Armed Serv7 ices of the Senate and the House of Represent8 atives a report on the cost of the demonstration 

9 project and the effectiveness of the demonstra10 tion project in improving quality of care and 

11 the maternal and fetal outcomes of covered 

12 beneficiaries enrolled in the demonstration 

13 project. 

14 (B) MATTERS COVERED.—Each report 

15 submitted under subparagraph (A) shall ad16 dress, at a minimum, the following: 

17 (i) The number of covered bene18 ficiaries who are enrolled in the demonstra19 tion project. 

20 (ii) The number of enrolled covered 

21 beneficiaries who have participated in the 

22 demonstration project. 

23 (iii) The results of the surveys under 

24 subsection (f). 


pbinns on DSKJLVW7X2PROD with BILLS
394 

•S 4049 RS

1 (iv) The cost of the demonstration 

2 project. 

3 (v) An assessment of the quality of 

4 care provided to participants in the dem5 onstration project. 

6 (vi) An assessment of the impact of 

7 the demonstration project on maternal and 

8 fetal outcomes. 

9 (vii) An assessment of the effective10 ness of the demonstration project. 

11 (viii) Recommendations for adjust12 ments to the demonstration project. 

13 (ix) The estimated costs avoided as a 

14 result of improved maternal and fetal 

15 health outcomes due to the demonstration 

16 project. 

17 (x) Recommendations for extending 

18 the demonstration project or implementing 

19 permanent coverage under the TRICARE 

20 program of extramedical maternal health 

21 providers. 

22 (xi) An identification of legislative or 

23 administrative action necessary to make 

24 the demonstration project permanent. 


pbinns on DSKJLVW7X2PROD with BILLS
395 

•S 4049 RS

1 (C) FINAL REPORT.—The final report 

2 under subparagraph (A) shall be submitted not 

3 later than 90 days after the termination of the 

4 demonstration project. 

5 (g) EXPANSION OF DEMONSTRATION PROJECT.— 

6 (1) REGULATIONS.—If the Secretary deter7 mines that the demonstration project is successful, 

8 the Secretary may prescribe regulations to include 

9 extramedical maternal health providers as health 

10 care providers authorized to provide care under the 

11 TRICARE program. 

12 (2) CREDENTIALING AND OTHER REQUIRE13 MENTS.—The Secretary may establish credentialing 

14 and other requirements for doulas and lactation con15 sultants through public notice and comment rule16 making for purposes of including doulas and lacta17 tion consultations as health care providers author18 ized to provide care under the TRICARE program 

19 pursuant to regulations prescribed under paragraph 

20 (1). 

21 (h) DEFINITIONS.—In this section: 

22 (1) EXTRAMEDICAL MATERNAL HEALTH PRO23 VIDER.—The term ‘‘extramedical maternal health 

24 provider’’ means a doula or lactation consultant. 


pbinns on DSKJLVW7X2PROD with BILLS
396 

•S 4049 RS

1 (2) COVERED BENEFICIARY; TRICARE PRO2 GRAM.—The terms ‘‘covered beneficiary’’ and 

3 ‘‘TRICARE program’’ have the meanings given 

4 those terms in section 1072 of title 10, United 

5 States Code. 

6 SEC. 707. PILOT PROGRAM ON RECEIPT OF NON-GENERIC 

7 PRESCRIPTION MAINTENANCE MEDICATIONS 

8 UNDER TRICARE PHARMACY BENEFITS PRO9 GRAM. 

10 (a) REQUIREMENT.—The Secretary of Defense shall 

11 carry out a pilot program under which eligible covered 

12 beneficiaries may elect to receive non-generic prescription 

13 maintenance medications selected under subsection (c) 

14 through military treatment facility pharmacies, retail 

15 pharmacies, or the national mail-order pharmacy program, 

16 notwithstanding section 1074g(a)(9) of title 10, United 

17 States Code. 

18 (b) DURATION.—The Secretary shall carry out the 

19 pilot program for a three-year period beginning not later 

20 than March 1, 2021. 

21 (c) SELECTION OF MEDICATION.—The Secretary 

22 shall select non-generic prescription maintenance medica23 tions described in section 1074g(a)(9)(C)(i) of title 10, 

24 United States Code, to be covered by the pilot program. 

25 (d) USE OF VOLUNTARY REBATES.— 


pbinns on DSKJLVW7X2PROD with BILLS
397 

•S 4049 RS

1 (1) REQUIREMENT.—In carrying out the pilot 

2 program, the Secretary shall seek to renew and mod3 ify contracts described in paragraph (2) in a manner 

4 that— 

5 (A) includes for purposes of the pilot pro6 gram retail pharmacies as a point of sale for 

7 the non-generic prescription maintenance medi8 cation covered by the contract; and 

9 (B) provides the manufacturer with the op10 tion to provide voluntary rebates for such medi11 cations at retail pharmacies. 

12 (2) CONTRACTS DESCRIBED.—The contracts 

13 described in this paragraph are contracts for the 

14 procurement of non-generic prescription mainte15 nance medications selected under subsection (c) that 

16 are eligible for renewal during the period in which 

17 the pilot program is carried out. 

18 (e) NOTIFICATION.—In providing each eligible cov19 ered beneficiary with an explanation of benefits, the Sec20 retary shall notify the beneficiary of whether the medica21 tion that the beneficiary is prescribed is covered by the 

22 pilot program. 

23 (f) BRIEFING AND REPORTS.— 

24 (1) BRIEFING.—Not later than 90 days after 

25 the date of the enactment of this Act, the Secretary 


pbinns on DSKJLVW7X2PROD with BILLS
398 

•S 4049 RS

1 shall brief the congressional defense committees on 

2 the implementation of the pilot program. 

3 (2) INTERIM REPORT.—Not later than 18 

4 months after the commencement of the pilot pro5 gram, the Secretary shall submit to the congres6 sional defense committees a report on the pilot pro7 gram. 

8 (3) COMPTROLLER GENERAL REPORT.— 

9 (A) IN GENERAL.—Not later than March 

10 1, 2024, the Comptroller General of the United 

11 States shall submit to the congressional defense 

12 committees a report on the pilot program. 

13 (B) ELEMENTS.—The report required by 

14 subparagraph (A) shall include the following: 

15 (i) The number of eligible covered 

16 beneficiaries who participated in the pilot 

17 program and an assessment of the satisfac18 tion of such beneficiaries with the pilot 

19 program. 

20 (ii) The rate by which eligible covered 

21 beneficiaries elected to receive non-generic 

22 prescription maintenance medications at a 

23 retail pharmacy pursuant to the pilot pro24 gram, and how such rate affected military 


pbinns on DSKJLVW7X2PROD with BILLS
399 

•S 4049 RS

1 treatment facility pharmacies and the na2 tional mail-order pharmacy program. 

3 (iii) The amount of cost savings real4 ized by the pilot program, including with 

5 respect to— 

6 (I) dispensing fees incurred at re7 tail pharmacies compared to the na8 tional mail-order pharmacy program 

9 for brand name prescription drugs; 

10 (II) administrative fees; 

11 (III) any costs paid by the 

12 United States for the drugs in addi13 tion to the procurement costs; 

14 (IV) the use of military treat15 ment facilities; and 

16 (V) copayments paid by eligible 

17 covered beneficiaries. 

18 (iv) A comparison of supplemental re19 bates between retail pharmacies and other 

20 points of sale. 

21 (g) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to affect the ability of the Secretary 

23 to carry out section 1074g(a)(9)(C) of title 10, United 

24 States Code, after the date on which the pilot program 

25 is completed. 


pbinns on DSKJLVW7X2PROD with BILLS
400 

•S 4049 RS

1 (h) DEFINITIONS.—In this section: 

2 (1) The term ‘‘eligible covered beneficiary’’ has 

3 the meaning given that term in section 1074g(i) of 

4 title 10, United States Code. 

5 (2) The terms ‘‘military treatment facility phar6 macies’’, ‘‘retail pharmacies’’, and ‘‘the national 

7 mail-order pharmacy program’’ mean the methods 

8 for receiving prescription drugs as described in 

9 clauses (i), (ii), and (iii), respectively, of section 

10 1074g(a)(2)(E) of title 10, United States Code. 

11 Subtitle B—Health Care 

12 Administration 

13 SEC. 721. MODIFICATIONS TO TRANSFER OF ARMY MED14 ICAL RESEARCH AND DEVELOPMENT COM15 MAND AND PUBLIC HEALTH COMMANDS TO 

16 DEFENSE HEALTH AGENCY. 

17 (a) DELAY OF TRANSFER.— 

18 (1) IN GENERAL.—Section 1073c(e) of title 10, 

19 United States Code, is amended, in the matter pre20 ceding paragraph (1), by striking ‘‘September 30, 

21 2022’’ and inserting ‘‘September 30, 2024’’. 

22 (2) CONFORMING AMENDMENTS.—Section 737 

23 of the National Defense Authorization Act for Fiscal 

24 Year 2020 (Public Law 116–92) is amended, in sub25 sections (a) and (c), by striking ‘‘September 30, 


pbinns on DSKJLVW7X2PROD with BILLS
401 

•S 4049 RS

1 2022’’ and inserting ‘‘September 30, 2024’’ each 

2 place it appears. 

3 (b) MODIFICATION TO RESOURCES PRESERVED.— 

4 Such section 737 is amended— 

5 (1) in the section heading, by striking ‘‘RE6 SOURCES’’ and inserting ‘‘INFRASTRUCTURE

7 AND PERSONNEL’’; and 

8 (2) in subsection (a)— 

9 (A) by striking ‘‘resources’’ and inserting 

10 ‘‘infrastructure and personnel’’; and 

11 (B) by striking ‘‘, which shall include man12 power and funding, at not less than the level of 

13 such resources’’. 

14 (c) ELIMINATION OF TRANSFER OF FUNDS.—Such 

15 section 737 is further amended by— 

16 (1) striking subsection (b); and 

17 (2) redesignating subsection (c) as subsection 

18 (b). 

19 (d) CHANGE OF NAME OF COMMAND.— 

20 (1) DELAY OF TRANSFER.—Section 

21 1073c(e)(1)(B) of title 10, United States Code, is 

22 amended by striking ‘‘Materiel’’ and inserting ‘‘De23 velopment’’. 

24 (2) PRESERVATION OF INFRASTRUCTURE AND

25 PERSONNEL.—Section 737 of the National Defense 


pbinns on DSKJLVW7X2PROD with BILLS
402 

•S 4049 RS

1 Authorization Act for Fiscal Year 2020 (Public Law 

2 116–92) is amended— 

3 (A) in the section heading, by striking 

4 ‘‘MATERIEL’’ and inserting ‘‘DEVELOP5 MENT’’; and 

6 (B) by striking ‘‘Materiel’’ each place it 

7 appears and inserting ‘‘Development’’. 

8 (e) CLERICAL AMENDMENT.—The table of contents 

9 for the National Defense Authorization Act for Fiscal 

10 Year 2020 is amended by striking the item relating to sec11 tion 737 and inserting the following new item: 

‘‘Sec. 737. Preservation of infrastructure and personnel of the Army Medical 

Research and Development Command and continuation as Center of Excellence.’’. 

12 SEC. 722. DELAY OF APPLICABILITY OF ADMINISTRATION 

13 OF TRICARE DENTAL PLANS THROUGH FED14 ERAL EMPLOYEES DENTAL AND VISION IN15 SURANCE PROGRAM. 

16 Section 713(c) of the John S. McCain National De17 fense Authorization Act for Fiscal Year 2019 (Public Law 

18 115–232; 5 U.S.C. 8951 note) is amended by striking 

19 ‘‘January 1, 2022’’ and inserting ‘‘January 1, 2023’’. 


pbinns on DSKJLVW7X2PROD with BILLS
403 

•S 4049 RS

1 SEC. 723. AUTHORITY OF SECRETARY OF DEFENSE TO 

2 WAIVE REQUIREMENTS DURING NATIONAL 

3 EMERGENCIES FOR PURPOSES OF PROVI4 SION OF HEALTH CARE. 

5 (a) IN GENERAL.—Chapter 55 of title 10, United 

6 States Code, is amended by inserting after section 1073d 

7 the following new section: 

8 ‘‘§ 1073e. Authority to waive requirements during na9 tional emergencies 

10 ‘‘(a) PURPOSE.—The purpose of this section is to en11 able the Secretary of Defense to ensure, to the maximum 

12 extent feasible, in an emergency area during an emergency 

13 period— 

14 ‘‘(1) that sufficient authorized health care items 

15 and services are available to meet the needs of cov16 ered beneficiaries in such area eligible for the pro17 grams under this chapter; and 

18 ‘‘(2) that private sector health care providers 

19 authorized under the TRICARE program that fur20 nish such authorized items and services in good faith 

21 may be reimbursed for such items and services ab22 sent any determination of fraud or abuse. 

23 ‘‘(b) AUTHORITY.— 

24 ‘‘(1) IN GENERAL.—To the extent necessary to 

25 accomplish the purpose specified in subsection (a), 

26 the Secretary, subject to the provisions of this secVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
404 

•S 4049 RS

1 tion, may, for a period of 60 days, waive or modify 

2 the application of the requirements of this chapter 

3 or any regulation prescribed thereunder with respect 

4 to health care items and services furnished by a 

5 health care provider (or class of health care pro6 viders) in an emergency area (or portion of such 

7 area) during an emergency period (or portion of 

8 such period), including by deferring the termination 

9 of status of a covered beneficiary. 

10 ‘‘(2) RENEWAL.—The Secretary may renew a 

11 waiver or modification under paragraph (1) for sub12 sequent 60-day periods during the duration of the 

13 applicable emergency declaration. 

14 ‘‘(c) IMPLEMENTATION.—The Secretary may imple15 ment any temporary waiver or modification made pursu16 ant to this section by program instruction or otherwise. 

17 ‘‘(d) RETROACTIVE APPLICATION.—A waiver or 

18 modification made pursuant to this section with respect 

19 to an emergency period may, at the discretion of the Sec20 retary, be made retroactive to the beginning of the emer21 gency period or any subsequent date in such period speci22 fied by the Secretary. 

23 ‘‘(e) SATISFACTION OF PRECONDITIONS FOR STATUS

24 AS COVERED BENEFICIARY.—A deferral under subsection 

25 (b) of termination of status of a covered beneficiary may 


pbinns on DSKJLVW7X2PROD with BILLS
405 

•S 4049 RS

1 be contingent upon retroactive satisfaction by such bene2 ficiary of any premium or enrollment fee payments or 

3 other preconditions for such status. 

4 ‘‘(f) CERTIFICATION.— 

5 ‘‘(1) IN GENERAL.—Not later than two days be6 fore exercising a waiver or modification under sub7 section (b)(1) or renewing a waiver or modification 

8 under subsection (b)(2), the Secretary shall submit 

9 to the Committees on Armed Services of the Senate 

10 and the House of Representatives a certification and 

11 advance written notice regarding the authority to be 

12 exercised. 

13 ‘‘(2) MATTERS INCLUDED.—Certification and 

14 advanced written notice required under paragraph 

15 (1) shall include— 

16 ‘‘(A) a description of— 

17 ‘‘(i) the specific provisions of law that 

18 will be waived or modified; 

19 ‘‘(ii) the health care providers to 

20 whom the waiver or modification will 

21 apply; 

22 ‘‘(iii) the geographic area in which the 

23 waiver or modification will apply; and 

24 ‘‘(iv) the period of time for which the 

25 waiver or modification will be in effect; and 


pbinns on DSKJLVW7X2PROD with BILLS
406 

•S 4049 RS

1 ‘‘(B) a certification that the waiver or 

2 modification is necessary to carry out the pur3 pose specified in subsection (a). 

4 ‘‘(g) TERMINATION OF WAIVER.—A waiver or modi5 fication of requirements pursuant to this section termi6 nates upon the termination of the applicable emergency 

7 declaration. 

8 ‘‘(h) REPORT.—Not later than one year after the end 

9 of an emergency period during which the Secretary exer10 cised the authority under this section, the Secretary shall 

11 submit to the Committees on Armed Services of the Sen12 ate and the House of Representatives a report on the ap13 proaches used to accomplish the purpose described in sub14 section (a), including an evaluation of such approaches 

15 and recommendations for improved approaches should the 

16 need for the exercise of such authority arise in the future. 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) EMERGENCY AREA.—The term ‘emergency 

19 area’ means a geographical area covered by an emer20 gency declaration. 

21 ‘‘(2) EMERGENCY DECLARATION.—The term 

22 ‘emergency declaration’ means— 

23 ‘‘(A) an emergency or disaster declared by 

24 the President pursuant to the National Emer25 gencies Act (50 U.S.C. 1601 et seq.) or the 


pbinns on DSKJLVW7X2PROD with BILLS
407 

•S 4049 RS

1 Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act (42 U.S.C. 5121 et seq.); 

3 or 

4 ‘‘(B) a public health emergency declared 

5 pursuant to section 319 of the Public Health 

6 Service Act (42 U.S.C. 247d). 

7 ‘‘(3) EMERGENCY PERIOD.—The term ‘emer8 gency period’ means the period covered by an emer9 gency declaration.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 55 of such title is amended 

12 by inserting after the item relating to section 1073d the 

13 following new item: 

‘‘1073e. Authority to waive requirements during national emergencies.’’. 

14 Subtitle C—Reports and Other 

15 Matters 

16 SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPART17 MENT OF DEFENSE-DEPARTMENT OF VET18 ERANS AFFAIRS MEDICAL FACILITY DEM19 ONSTRATION FUND. 

20 Section 1704(e) of the National Defense Authoriza21 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

22 Stat. 2573), as most recently amended by section 

23 732(4)(B) of the National Defense Authorization Act for 

24 Fiscal Year 2020 (Public Law 116–92), is further amendVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
408 

•S 4049 RS

1 ed by striking ‘‘September 30, 2021’’ and inserting ‘‘Sep2 tember 30, 2022’’. 

3 SEC. 742. MEMBERSHIP OF BOARD OF REGENTS OF UNI4 FORMED SERVICES UNIVERSITY OF THE 

5 HEALTH SCIENCES. 

6 (a) IN GENERAL.—Section 2113a(b) of title 10, 

7 United States Code, is amended— 

8 (1) by redesignating paragraphs (3) and (4) as 

9 paragraphs (4) and (5), respectively; and 

10 (2) by inserting after paragraph (2) the fol11 lowing new paragraph: 

12 ‘‘(3) the Director of the Defense Health Agen13 cy, who shall be an ex officio member;’’. 

14 (b) RULE OF CONSTRUCTION.—The amendments 

15 made by this section may not be construed to invalidate 

16 any action taken by the Uniformed Services University of 

17 the Health Sciences or its Board of Regents prior to the 

18 effective date of this section. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on January 1, 2021. 

21 SEC. 743. MILITARY HEALTH SYSTEM CLINICAL QUALITY 

22 MANAGEMENT PROGRAM. 

23 (a) IN GENERAL.—The Secretary of Defense, acting 

24 through the Director of the Defense Health Agency, shall 

25 implement a comprehensive program to be known as the 


pbinns on DSKJLVW7X2PROD with BILLS
409 

•S 4049 RS

1 ‘‘Military Health System Clinical Quality Management 

2 Program’’ (in this section referred to as the ‘‘Program’’). 

3 (b) ELEMENTS OF PROGRAM.—The Program shall 

4 include, at a minimum, the following: 

5 (1) The implementation of systematic proce6 dures to eliminate, to the maximum extent feasible, 

7 risk of harm to patients at military medical treat8 ment facilities, including through identification, in9 vestigation, and analysis of events indicating a risk 

10 of patient harm and corrective action plans to miti11 gate such risks. 

12 (2) With respect to a potentially compensable 

13 event (including those involving members of the 

14 Armed Forces) at a military medical treatment facil15 ity— 

16 (A) an analysis of such event, which shall 

17 occur and be documented as soon as possible 

18 after the event; 

19 (B) use of such analysis for clinical quality 

20 management; and 

21 (C) reporting of such event to the National 

22 Practitioner Data Bank in accordance with 

23 guidelines of the Secretary of Health and 

24 Human Services under the Health Care Quality 

25 Improvement Act of 1986 (42 U.S.C. 11101 et 


pbinns on DSKJLVW7X2PROD with BILLS
410 

•S 4049 RS

1 seq.), giving special emphasis to the results of 

2 external peer reviews of the event. 

3 (3) Validation of provider credentials and 

4 granting of clinical privileges by the Director of the 

5 Defense Health Agency for all health care providers 

6 at a military medical treatment facility. 

7 (4) Accreditation of military medical treatment 

8 facilities by a recognized external accreditation body. 

9 (5) Systematic measurement of indicators of 

10 health care quality, emphasizing clinical outcome 

11 measures, comparison of such indicators with bench12 marks from leading health care quality improvement 

13 organizations, and transparency with the public of 

14 appropriate clinical measurements for military med15 ical treatment facilities. 

16 (6) Systematic activities emphasized by leader17 ship at all organizational levels to use all elements 

18 of the Program to eliminate unwanted variance 

19 throughout the health care system of the Depart20 ment of Defense and make constant improvements 

21 in clinical quality. 

22 (7) A full range of procedures for productive 

23 communication between patients and health care 

24 providers regarding actual or perceived adverse clinVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
411 

•S 4049 RS

1 ical events at military medical treatment facilities, 

2 including procedures— 

3 (A) for full disclosure of such events (re4 specting the confidentiality of peer review infor5 mation under a medical quality assurance pro6 gram under section 1102 of title 10, United 

7 States Code); 

8 (B) providing an opportunity for the pa9 tient to be heard in relation to quality reviews; 

10 and 

11 (C) to resolve patient concerns by inde12 pendent, neutral healthcare resolution special13 ists. 

14 (c) ADDITIONAL CLINICAL QUALITY MANAGEMENT

15 ACTIVITIES.— 

16 (1) IN GENERAL.—In addition to the elements 

17 of the Program set forth in subsection (b), the Sec18 retary shall establish and maintain clinical quality 

19 management activities in relation to functions of the 

20 health care system of the Department separate from 

21 delivery of health care services in military medical 

22 treatment facilities. 

23 (2) HEALTH CARE DELIVERY OUTSIDE MILI24 TARY MEDICAL TREATMENT FACILITIES.—In car25 rying out paragraph (1), the Secretary shall mainVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
412 

•S 4049 RS

1 tain policies and procedures to promote clinical qual2 ity in health care delivery on ships and planes, in de3 ployed settings, and in all other circumstances not 

4 covered by subsection (b), with the objective of im5 plementing standards and procedures comparable, to 

6 the extent practicable, to those under such sub7 section. 

8 (3) PURCHASED CARE SYSTEM.—In carrying 

9 out paragraph (1), the Secretary shall maintain poli10 cies and procedures for health care services provided 

11 outside the Department but paid for by the Depart12 ment, reflecting best practices by public and private 

13 health care reimbursement and management sys14 tems. 

15 (d) MILITARY MEDICAL TREATMENT FACILITY DE16 FINED.—In this section, the term ‘‘military medical treat17 ment facility’’ means any fixed facility or portion thereof 

18 of the Department of Defense that is outside of a deployed 

19 environment and used primarily for health care. 


pbinns on DSKJLVW7X2PROD with BILLS
413 

•S 4049 RS

1 SEC. 744. MODIFICATIONS TO PILOT PROGRAM ON CIVIL2 IAN AND MILITARY PARTNERSHIPS TO EN3 HANCE INTEROPERABILITY AND MEDICAL 

4 SURGE CAPABILITY AND CAPACITY OF NA5 TIONAL DISASTER MEDICAL SYSTEM. 

6 Section 740 of the National Defense Authorization 

7 Act for Fiscal Year 2020 (Public Law 116–92) is amend8 ed— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘The Secretary of Defense 

11 may’’ and inserting ‘‘Beginning not later than 

12 September 30, 2021, the Secretary of Defense 

13 shall’’; and 

14 (B) by striking ‘‘health care organizations, 

15 institutions, and entities’’ and inserting ‘‘health 

16 care organizations, health care institutions, 

17 health care entities, academic medical centers of 

18 institutions of higher education, and hospitals’’; 

19 and 

20 (C) by striking ‘‘in the vicinity of major 

21 aeromedical and other transport hubs and logis22 tics centers of the Department of Defense’’; 

23 (2) by striking subsection (c) and inserting the 

24 following new subsections: 

25 ‘‘(c) LEAD OFFICIAL FOR DESIGN AND IMPLEMEN26 TATION OF PILOT PROGRAM.— 


pbinns on DSKJLVW7X2PROD with BILLS
414 

•S 4049 RS

1 ‘‘(1) IN GENERAL.—The Assistant Secretary of 

2 Defense for Health Affairs shall be the lead official 

3 for design and implementation of the pilot program 

4 under subsection (a). 

5 ‘‘(2) RESOURCES.—The Assistant Secretary of 

6 Defense for Health Affairs shall leverage the re7 sources of the Defense Health Agency for execution 

8 of the pilot program under subsection (a) and shall 

9 coordinate with the Chairman of the Joint Chiefs of 

10 Staff throughout the planning and duration of the 

11 pilot program. 

12 ‘‘(d) LOCATIONS.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Defense 

14 shall carry out the pilot program under subsection 

15 (a) at not fewer than five locations in the United 

16 States that are located at or near locations with es17 tablished expertise in disaster health preparedness 

18 and response and trauma care that augment and en19 hance the effectiveness of the pilot program. 

20 ‘‘(2) PHASED SELECTION OF LOCATIONS.— 

21 ‘‘(A) INITIAL SELECTION.—Not later than 

22 the earlier of the date that is 180 days after the 

23 date of the enactment of this Act or March 31, 

24 2021, the Assistant Secretary of Defense for 

25 Health Affairs, in consultation with the SecVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
415 

•S 4049 RS

1 retary of Veterans Affairs, the Secretary of 

2 Health and Human Services, the Secretary of 

3 Homeland Security, and the Secretary of 

4 Transportation, shall select not fewer than two 

5 locations at which to carry out the pilot pro6 gram. 

7 ‘‘(B) SUBSEQUENT SELECTION.—Not later 

8 than the end of each one-year period following 

9 selection of locations under subparagraph (A), 

10 the Assistant Secretary of Defense for Health 

11 Affairs, in consultation with the Secretary of 

12 Veterans Affairs, the Secretary of Health and 

13 Human Services, the Secretary of Homeland 

14 Security, and the Secretary of Transportation, 

15 shall select not fewer than two additional loca16 tions at which to carry out the pilot program 

17 until not fewer than five locations are selected 

18 in total. 

19 ‘‘(3) CONSIDERATION AND PRIORITY FOR LOCA20 TIONS.—In selecting locations for the pilot program 

21 under subsection (a), the Secretary shall— 

22 ‘‘(A) consider— 

23 ‘‘(i) the proximity of the location to 

24 civilian or military transportation hubs, inVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
416 

•S 4049 RS

1 cluding airports, railways, interstate high2 ways, or ports; 

3 ‘‘(ii) the ability of the location to ac4 cept a redistribution of casualties during 

5 times of war; 

6 ‘‘(iii) the ability of the location to pro7 vide trauma care training opportunities for 

8 medical personnel of the Department of 

9 Defense; and 

10 ‘‘(iv) the proximity of the location to 

11 existing academic medical centers of insti12 tutions of higher education, facilities of the 

13 Department, or other institutions that 

14 have established expertise in the areas of— 

15 ‘‘(I) highly infectious disease; 

16 ‘‘(II) biocontainment; 

17 ‘‘(III) quarantine; 

18 ‘‘(IV) trauma care; 

19 ‘‘(V) combat casualty care; 

20 ‘‘(VI) the National Disaster Med21 ical System under section 2812 of the 

22 Public Health Service Act (42 U.S.C. 

23 300hh–11); 

24 ‘‘(VII) disaster health prepared25 ness and response; 


pbinns on DSKJLVW7X2PROD with BILLS
417 

•S 4049 RS

1 ‘‘(VIII) medical and public health 

2 management of biological, chemical, 

3 radiological, or nuclear hazards; or 

4 ‘‘(IX) such other areas of exper5 tise as the Secretary considers appro6 priate; and 

7 ‘‘(B) give priority to public-private part8 nerships with academic medical centers of insti9 tutions of higher education, hospitals, and other 

10 entities with facilities that have an established 

11 history of providing clinical care, treatment, 

12 training, and research in the areas described in 

13 subparagraph (A)(ii) or other specializations de14 termined important by the Secretary for pur15 poses of the pilot program.’’; 

16 (3) by redesignating subsections (d) through (f) 

17 as subsections (e) through (g), respectively; 

18 (4) in subsection (g), as redesignated by para19 graph (3)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘the commencement of the pilot program 

23 under subsection (a)’’ and inserting ‘‘the 

24 initial selection of locations for the pilot 

25 program under subsection (d)(2)(A)’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
418 

•S 4049 RS

1 (ii) in subparagraph (B)— 

2 (I) in clause (ii), by striking 

3 ‘‘subsection (d)’’ and inserting ‘‘sub4 section (e)’’; 

5 (II) in clause (iii), by striking 

6 ‘‘subsection (e)’’ and inserting ‘‘sub7 section (f)’’; and 

8 (B) in paragraph (2)(B)(iv), by striking 

9 ‘‘the authority for’’; and 

10 (5) by adding at the end the following new sub11 section: 

12 ‘‘(h) INSTITUTION OF HIGHER EDUCATION DE13 FINED.—In this section, the term ‘institution of higher 

14 education’ means a four-year institution of higher edu15 cation, as defined in section 101(a) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1001(a)).’’. 

17 SEC. 745. STUDY ON FORCE MIX OPTIONS AND SERVICE 

18 MODELS TO ENHANCE READINESS OF MED19 ICAL FORCE OF THE ARMED FORCES TO PRO20 VIDE COMBAT CASUALTY CARE. 

21 (a) STUDY REQUIRED.—Not later than 30 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Defense shall seek to enter into an agreement with a fed24 erally funded research and development center or other 

25 independent entity to perform a study on force mix options 


pbinns on DSKJLVW7X2PROD with BILLS
419 

•S 4049 RS

1 and service models (including traditional and nontradi2 tional active and reserve models) to optimize the readiness 

3 of the medical force of the Armed Forces to deliver combat 

4 care on the battlefield. 

5 (b) ISSUES TO BE ADDRESSED.—The study required 

6 by subsection (a) shall include, at a minimum— 

7 (1) with respect to options relating to members 

8 of the Armed Forces on active duty— 

9 (A) a review of existing models for such 

10 members who are medical professionals to sup11 port clinical readiness skills by serving in civil12 ian trauma centers; 

13 (B) an assessment of the extent to which 

14 existing models can be optimized, standardized, 

15 and scaled to address current readiness short16 falls; and 

17 (C) an evaluation of the cost and effective18 ness of alternative models for such members 

19 who are medical professionals to serve in civil20 ian trauma centers; and 

21 (2) with respect to options relating to members 

22 of the reserve components of the Armed Forces— 

23 (A) a review of existing models for such 

24 members of the reserve components who are 


pbinns on DSKJLVW7X2PROD with BILLS
420 

•S 4049 RS

1 medical professionals to support clinical readi2 ness skills by serving in civilian trauma centers; 

3 (B) an assessment of the extent to which 

4 existing models can be optimized, standardized, 

5 and scaled to address current readiness short6 falls; and 

7 (C) an evaluation of the cost and effective8 ness of alternative models for such members of 

9 the reserve components who are medical profes10 sionals to serve in civilian trauma centers. 

11 (c) REPORT.—Not later than 15 months after the 

12 date of the enactment of this Act, the Secretary shall sub13 mit to the Committees on Armed Services of the Senate 

14 and the House of Representatives a report on the findings 

15 and recommendations of the independent study required 

16 by subsection (a). 

17 SEC. 746. COMPTROLLER GENERAL STUDY ON DELIVERY 

18 OF MENTAL HEALTH SERVICES TO MEMBERS 

19 OF THE RESERVE COMPONENTS OF THE 

20 ARMED FORCES. 

21 (a) IN GENERAL.—The Comptroller General of the 

22 United States shall conduct a study on the delivery of Fed23 eral, State, and private mental health services to members 

24 of the reserve components. 


pbinns on DSKJLVW7X2PROD with BILLS
421 

•S 4049 RS

1 (b) ELEMENTS.—The study conducted under sub2 section (a) shall— 

3 (1) identify all programs, coverage, and costs 

4 associated with services described in such subsection; 

5 (2) specify gaps or barriers to access that could 

6 result in delayed or insufficient mental health care 

7 support to members of the reserve components. 

8 (3) evaluate the mental health screening re9 quirements for members of the reserve components 

10 immediately before, during, and after— 

11 (A) Federal deployment under title 10, 

12 United States Code; or 

13 (B) State deployment under title 32, 

14 United States Code; and 

15 (4) provide recommendations when practicable 

16 to strengthen the reintegration of members of the 

17 reserve components, including an assessment of the 

18 effectiveness of making programming mandatory. 

19 (c) REPORT.—Not later than one year after the date 

20 of the enactment of this Act, the Comptroller General shall 

21 submit to the Committees on Armed Services of the Sen22 ate and the House of Representatives a report on the 

23 study conducted under subsection (a). 

24 (d) RESERVE COMPONENT DEFINED.—In this sec25 tion, the term ‘‘reserve component’’ means a reserve comVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
422 

•S 4049 RS

1 ponent of the Armed Forces named in section 10101 of 

2 title 10, United States Code. 

3 SEC. 747. REVIEW AND REPORT ON PREVENTION OF SUI4 CIDE AMONG MEMBERS OF THE ARMED 

5 FORCES STATIONED AT REMOTE INSTALLA6 TIONS OUTSIDE THE CONTIGUOUS UNITED 

7 STATES. 

8 (a) REVIEW REQUIRED.—The Comptroller General 

9 of the United States shall conduct a review of efforts by 

10 the Department of Defense to prevent suicide among 

11 members of the Armed Forces stationed at covered instal12 lations. 

13 (b) ELEMENTS OF REVIEW.—The review conducted 

14 under subsection (a) shall include an assessment of each 

15 of the following: 

16 (1) Current policy guidelines of the Armed 

17 Forces on the prevention of suicide among members 

18 of the Armed Forces stationed at covered installa19 tions. 

20 (2) Current suicide prevention programs of the 

21 Armed Forces and activities for members of the 

22 Armed Forces stationed at covered installations and 

23 their dependents, including programs provided by 

24 the Defense Health Program and the Office of Sui25 cide Prevention. 


pbinns on DSKJLVW7X2PROD with BILLS
423 

•S 4049 RS

1 (3) The integration of mental health screenings 

2 and suicide risk and prevention efforts for members 

3 of the Armed Forces stationed at covered installa4 tions and their dependents into the delivery of pri5 mary care for such members and dependents. 

6 (4) The standards for responding to attempted 

7 or completed suicides among members of the Armed 

8 Forces stationed at covered installations and their 

9 dependents, including guidance and training to as10 sist commanders in addressing incidents of at11 tempted or completed suicide within their units. 

12 (5) The standards regarding data collection for 

13 members of the Armed Forces stationed at covered 

14 installations and their dependents, including related 

15 factors such as domestic violence and child abuse. 

16 (6) The means to ensure the protection of pri17 vacy of members of the Armed Forces stationed at 

18 covered installations and their dependents who seek 

19 or receive treatment related to suicide prevention. 

20 (7) The availability of information from indige21 nous populations on suicide prevention for members 

22 of the Armed Forces stationed at covered installa23 tions who are members of such a population. 

24 (8) The availability of information from grad25 uate research programs of institutions of higher eduVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
424 

•S 4049 RS

1 cation on suicide prevention for members of the 

2 Armed Forces. 

3 (9) Such other matters as the Comptroller Gen4 eral considers appropriate in connection with the 

5 prevention of suicide among members of the Armed 

6 Forces stationed at covered installations and their 

7 dependents. 

8 (c) BRIEFING AND REPORT.—The Comptroller Gen9 eral shall— 

10 (1) not later than October 1, 2021, brief the 

11 Committees on Armed Services of the Senate and 

12 the House of Representatives on preliminary obser13 vations relating to the review conducted under sub14 section (a); and 

15 (2) not later than March 1, 2022, submit to the 

16 Committees on Armed Services of the Senate and 

17 the House of Representatives a report containing the 

18 results of such review. 

19 (d) COVERED INSTALLATION DEFINED.—In this sec20 tion, the term ‘‘covered installation’’ means a remote in21 stallation of the Department of Defense outside the con22 tiguous United States. 


pbinns on DSKJLVW7X2PROD with BILLS
425 

•S 4049 RS

1 SEC. 748. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN 

2 PRIVATIZED MILITARY HOUSING. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of the enactment of this Act, the Inspector General 

5 of the Department of Defense shall commence the conduct 

6 of an audit of the medical conditions of eligible individuals 

7 and the association between adverse exposures of such in8 dividuals in unsafe or unhealthy housing units and the 

9 health of such individuals. 

10 (b) CONTENT OF AUDIT.—The audit conducted 

11 under subsection (a) shall— 

12 (1) determine the percentage of units of 

13 privatized military housing that are unsafe or 

14 unhealthy housing units; 

15 (2) study the adverse exposures of eligible indi16 viduals that relate to residing in an unsafe or 

17 unhealthy housing unit and the effect of such expo18 sures on the health of such individuals; and 

19 (3) determine the association, to the extent per20 mitted by available scientific data, and provide quan21 tifiable data on such association, between such ad22 verse exposures and the occurrence of a medical con23 dition in eligible individuals residing in unsafe or 

24 unhealthy housing units. 

25 (c) CONDUCT OF AUDIT.—The Inspector General of 

26 the Department shall conduct the audit under subsection 


pbinns on DSKJLVW7X2PROD with BILLS
426 

•S 4049 RS

1 (a) using the same privacy preserving guidelines used by 

2 the Inspector General in conducting other audits of health 

3 records. 

4 (d) SOURCE OF DATA.—In conducting the audit 

5 under subsection (a), the Inspector General of the Depart6 ment shall use— 

7 (1) de-identified data from electronic health 

8 records of the Department; 

9 (2) records of claims under the TRICARE pro10 gram (as defined in section 1072(7) of title 10, 

11 United States Code); and 

12 (3) such other data as determined necessary by 

13 the Inspector General. 

14 (e) SUBMITTAL AND PUBLIC AVAILABILITY OF RE15 PORT.—Not later than one year after the commencement 

16 of the audit under subsection (a), the Inspector General 

17 of the Department shall— 

18 (1) submit to the Secretary of Defense and the 

19 Committees on Armed Services of the Senate and 

20 the House of Representatives a report on the results 

21 of the audit conducted under subsection (a); and 

22 (2) publish such report on a publicly available 

23 internet website of the Department of Defense. 

24 (f) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with BILLS
427 

•S 4049 RS

1 (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

2 individual’’ means a member of the Armed Forces or 

3 a family member of a member of the Armed Forces 

4 who has resided in an unsafe or unhealthy housing 

5 unit. 

6 (2) PRIVATIZED MILITARY HOUSING.—The 

7 term ‘‘privatized military housing’’ means military 

8 housing provided under subchapter IV of chapter 

9 169 of title 10, United States Code. 

10 (3) UNSAFE OR UNHEALTHY HOUSING UNIT.— 

11 The term ‘‘unsafe or unhealthy housing unit’’ means 

12 a unit of privatized military housing in which, at any 

13 given time, at least one of the following hazards is 

14 present: 

15 (A) Physiological hazards, including the 

16 following: 

17 (i) Dampness or microbial growth. 

18 (ii) Lead-based paint. 

19 (iii) Asbestos or manmade fibers. 

20 (iv) Ionizing radiation. 

21 (v) Biocides. 

22 (vi) Carbon monoxide. 

23 (vii) Volatile organic compounds. 

24 (viii) Infectious agents. 

25 (ix) Fine particulate matter. 


pbinns on DSKJLVW7X2PROD with BILLS
428 

•S 4049 RS

1 (B) Psychological hazards, including ease 

2 of access by unlawful intruders or lighting 

3 issues. 

4 (C) Poor ventilation. 

5 (D) Safety hazards. 

6 (E) Other hazards as determined by the 

7 Inspector General of the Department. 

8 SEC. 749. COMPTROLLER GENERAL STUDY ON PRENATAL 

9 AND POSTPARTUM MENTAL HEALTH CONDI10 TIONS AMONG MEMBERS OF THE ARMED 

11 FORCES AND THEIR DEPENDENTS. 

12 (a) STUDY.— 

13 (1) IN GENERAL.—The Comptroller General of 

14 the United States shall conduct a study on prenatal 

15 and postpartum mental health conditions among 

16 members of the Armed Forces and dependents of 

17 such members. 

18 (2) ELEMENTS.—The study required under 

19 paragraph (1) shall include the following: 

20 (A) An assessment of the extent to which 

21 beneficiaries under the TRICARE program, in22 cluding members of the Armed Forces and de23 pendents of such members, are diagnosed with 

24 prenatal or postpartum mental health condi25 tions, including— 


pbinns on DSKJLVW7X2PROD with BILLS
429 

•S 4049 RS

1 (i) prenatal or postpartum depression; 

2 (ii) prenatal or postpartum anxiety 

3 disorder; 

4 (iii) prenatal or postpartum obsessive 

5 compulsive disorder; 

6 (iv) prenatal or postpartum psychosis; 

7 and 

8 (v) other relevant mood disorders. 

9 (B) A demographic assessment of the pop10 ulation included in the study with respect to 

11 race, ethnicity, sex, age, relationship status, 

12 military service, military occupation, and rank, 

13 where applicable. 

14 (C) An assessment of the status of pre15 natal and postpartum mental health care for 

16 beneficiaries under the TRICARE program, in17 cluding those who seek care at military medical 

18 treatment facilities and those who rely on civil19 ian providers. 

20 (D) An assessment of the ease or delay for 

21 beneficiaries under the TRICARE program in 

22 obtaining treatment for prenatal and 

23 postpartum mental health conditions, includ24 ing— 


pbinns on DSKJLVW7X2PROD with BILLS
430 

•S 4049 RS

1 (i) an assessment of wait times for 

2 mental health treatment at each military 

3 medical treatment facility; and 

4 (ii) a description of the reasons such 

5 beneficiaries may cease seeking such treat6 ment. 

7 (E) A comparison of the rates of prenatal 

8 or postpartum mental health conditions within 

9 the military community to such rates in the ci10 vilian population, as reported by the Centers for 

11 Disease Control and Prevention. 

12 (F) An assessment of any effects of im13 plicit or explicit bias in prenatal and 

14 postpartum mental health care under the 

15 TRICARE program, or evidence of racial or so16 cioeconomic barriers to such care. 

17 (b) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, the Comptroller General shall 

19 submit to the Committees on Armed Services of the Sen20 ate and the House of Representatives a report on the find21 ings of the study conducted under subsection (a), includ22 ing— 

23 (1) recommendations for actions to be taken by 

24 the Secretary of Defense to improve prenatal and 


pbinns on DSKJLVW7X2PROD with BILLS
431 

•S 4049 RS

1 postpartum mental health among members of the 

2 Armed Forces and dependents of such members; and 

3 (2) such other recommendations as the Comp4 troller General determines appropriate. 

5 (c) DEFINITIONS.—In this section, the terms ‘‘de6 pendent’’ and ‘‘TRICARE program’’ have the meanings 

7 given those terms in section 1072 of title 10, United 

8 States Code. 

9 SEC. 750. PLAN FOR EVALUATION OF FLEXIBLE SPENDING 

10 ACCOUNT OPTIONS FOR MEMBERS OF THE 

11 UNIFORMED SERVICES AND THEIR FAMILIES. 

12 (a) IN GENERAL.—Not later than March 1, 2021, the 

13 Secretary of Defense shall submit to the congressional de14 fense committees a plan to evaluate flexible spending ac15 count options that allow pre-tax payment of health and 

16 dental insurance premiums, out-of-pocket health care ex17 penses, and dependent care expenses for members of the 

18 uniformed services and their family members, including an 

19 identification of any legislative or administrative barriers 

20 to achieving the implementation of such options. 

21 (b) UNIFORMED SERVICES DEFINED.—In this sec22 tion, the term ‘‘uniformed services’’ has the meaning given 

23 that term in section 101 of title 37, United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
432 

•S 4049 RS

1 SEC. 751. ASSESSMENT OF RECEIPT BY CIVILIANS OF 

2 EMERGENCY MEDICAL TREATMENT AT MILI3 TARY MEDICAL TREATMENT FACILITIES. 

4 (a) ASSESSMENT.—Not later than one year after the 

5 date of the enactment of this Act, the Comptroller General 

6 of the United States shall complete an assessment of the 

7 provision by the Department of Defense of emergency 

8 medical treatment to civilians who are not covered bene9 ficiaries at military medical treatment facilities during the 

10 period beginning on October 1, 2015, and ending on Sep11 tember 30, 2020. 

12 (b) ELEMENTS OF ASSESSMENT.—The assessment 

13 completed under subsection (a) shall include, with respect 

14 to civilians who received emergency medical treatment at 

15 a military medical treatment facility during the period 

16 specified in such paragraph, the following: 

17 (1) The total fees charged to such civilians for 

18 such treatment and the total fees collected. 

19 (2) The amount of medical debt from such 

20 treatment that was garnished from such civilians, 

21 categorized by garnishment from Social Security 

22 benefits, tax refunds, wages, or other financial asset. 

23 (3) The number of such civilians from whom 

24 medical debt from such treatment was garnished. 

25 (4) The total fees for such treatment that were 

26 waived for such civilians. 


pbinns on DSKJLVW7X2PROD with BILLS
433 

•S 4049 RS

1 (5) With respect to medical debt incurred by 

2 such civilians from such treatment— 

3 (A) the amount of such debt that was col4 lected by the Department of Defense; 

5 (B) the amount of such debt still owed to 

6 the Department; and 

7 (C) the amount of debt transferred from 

8 the Department of Defense to the Department 

9 of the Treasury for collection. 

10 (6) The number of such civilians from whom 

11 such medical debt was collected who did not possess 

12 medical insurance at the time of such treatment. 

13 (7) The number of such civilians from whom 

14 such medical debt was collected who collected Social 

15 Security benefits at the time of such treatment. 

16 (8) The number of such civilians from whom 

17 such medical debt was collected who, at the time of 

18 such treatment, earned— 

19 (A) less than the poverty line; 

20 (B) less than 200 percent of the poverty 

21 line; 

22 (C) less than 300 percent of the poverty 

23 line; and 

24 (D) less than 400 percent of the poverty 

25 line. 


pbinns on DSKJLVW7X2PROD with BILLS
434 

•S 4049 RS

1 (9) An assessment of the process through which 

2 military medical treatment facilities seek to recover 

3 unpaid medical debt from such civilians, including 

4 whether the Department of Defense contracts with 

5 private debt collectors to recover such unpaid med6 ical debt. 

7 (10) An assessment of the process, if any, 

8 through which such civilians can apply to have med9 ical debt for such treatment waived, forgiven, can10 celed, or otherwise determined to not be a financial 

11 obligation of the civilian. 

12 (11) Such other information as the Comptroller 

13 General determines appropriate. 

14 (c) REPORT.—Not later than 180 days after the com15 pletion of the assessment under subsection (a), the Comp16 troller General shall submit to the Committees on Armed 

17 Services of the Senate and the House of Representatives 

18 a report containing the results of the assessment. 

19 (d) DEFINITIONS.—In this section: 

20 (1) CIVILIAN.—The term ‘‘civilian’’ means an 

21 individual who is not— 

22 (A) a member of the Armed Forces; 

23 (B) a contractor of the Department of De24 fense; or 

25 (C) a civilian employee of the Department. 


pbinns on DSKJLVW7X2PROD with BILLS
435 

•S 4049 RS

1 (2) COVERED BENEFICIARY.—The term ‘‘cov2 ered beneficiary’’ has the meaning given that term 

3 in section 1072(5) of title 10, United States Code. 

4 (3) POVERTY LINE.—The term ‘‘poverty line’’ 

5 has the meaning given that term in section 673 of 

6 the Community Services Block Grant Act (42 U.S.C. 

7 9902). 

8 TITLE VIII—ACQUISITION POL9 ICY, ACQUISITION MANAGE10 MENT, AND RELATED MAT11 TERS 

12 Subtitle A—Industrial Base Matters 

13 SEC. 801. POLICY RECOMMENDATIONS FOR IMPLEMENTA14 TION OF EXECUTIVE ORDER 13806 (ASSESS15 ING AND STRENGTHENING THE MANUFAC16 TURING AND DEFENSE INDUSTRIAL BASE 

17 AND SUPPLY CHAIN RESILIENCY). 

18 (a) SUBMISSION OF RECOMMENDATIONS TO SEC19 RETARY OF DEFENSE.—In order to fully implement the 

20 July 21, 2017, Presidential Executive Order on Assessing 

21 and Strengthening the Manufacturing and Defense Indus22 trial Base and Supply Chain Resiliency of the United 

23 States, not later than 540 days after the date of the enact24 ment of this Act, the Under Secretary of Defense for Ac25 quisition and Sustainment shall submit to the Secretary 


pbinns on DSKJLVW7X2PROD with BILLS
436 

•S 4049 RS

1 of Defense a series of recommendations regarding United 

2 States industrial policies. The recommendations shall con3 sist of specific executive actions, programmatic changes, 

4 regulatory changes, and legislative proposals and changes, 

5 as appropriate. 

6 (b) SCOPE OF ASSESSMENT.—In developing the rec7 ommendations required under subsection (a), the Under 

8 Secretary shall assess— 

9 (1) direct subsidies and investment in the econ10 omy; 

11 (2) direct provision of credit and purchases of 

12 private sector bonds and equity; 

13 (3) prize-based technology challenges for critical 

14 research and development milestones; 

15 (4) capital controls and dollar policy; 

16 (5) trade policy, including export control policy, 

17 government acquisition policy, and targeted protec18 tionist policies; 

19 (6) export promotion policies; 

20 (7) foreign talent attraction and retention; 

21 (8) graduate education policy; and 

22 (9) expansion of existing or establishment of 

23 new public-private partnerships, including the Trust24 ed Capital Marketplace. 


pbinns on DSKJLVW7X2PROD with BILLS
437 

•S 4049 RS

1 (c) OBJECTIVES.—The recommendations made pur2 suant to subsection (a) shall aim to— 

3 (1) facilitate only high-value design, engineer4 ing, and manufacturing activities; 

5 (2) expand the defense industrial base to in6 clude friendly and capable allies and partners; 

7 (3) preserve the viability of domestic and inter8 national suppliers; 

9 (4) include export and productivity incentives; 

10 (5) accord with standing international trade 

11 law; and 

12 (6) strengthen the domestic national security 

13 industrial base, especially in areas currently depend14 ent on foreign suppliers. 

15 (d) CONSULTATION.—In assessing the areas specified 

16 in subsection (b) and developing the recommendations re17 quired under subsection (a), the Under Secretary shall 

18 consult or inaugurate studies with, as appropriate, the 

19 Joint Industrial Base Working Group, the Defense 

20 Science Board, the Defense Innovation Board, economists, 

21 commercial industry, and federally funded research and 

22 development centers. 

23 (e) SUBMISSION OF RECOMMENDATIONS TO PRESI24 DENT.—Not later than 30 days after receiving the rec25 ommendations under subsection (a), the Secretary of DeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
438 

•S 4049 RS

1 fense shall submit the recommendations, together with any 

2 additional views or recommendations, to the President, the 

3 Office of Management and Budget, the National Security 

4 Council, and the National Economic Council. 

5 (f) SUBMISSION OF RECOMMENDATIONS TO CON6 GRESS.—Not later than 30 days after submitting the rec7 ommendations to the President under section (e), the Sec8 retary of Defense shall submit the recommendations to 

9 and brief the congressional defense committees on the rec10 ommendations. 

11 SEC. 802. ASSESSMENT OF NATIONAL SECURITY INNOVA12 TION BASE. 

13 (a) IN GENERAL.—Not later than 540 days after the 

14 date of the enactment of this Act, the Deputy Secretary 

15 of Defense shall submit to the Secretary of Defense an 

16 assessment of the economic forces and structures shaping 

17 the capacity of the national security innovation base and 

18 policy recommendations pertaining to the outcome of such 

19 assessment. 

20 (b) ELEMENTS.—The assessment required under 

21 subsection (a) shall review the following matters as they 

22 pertain to the innovative and manufacturing capacity of 

23 the national security innovation base: 

24 (1) Competition and antitrust policy. 


pbinns on DSKJLVW7X2PROD with BILLS
439 

•S 4049 RS

1 (2) Immigration policy, including the policies 

2 germane to the attraction and retention of skilled 

3 immigrants. 

4 (3) Graduate education funding and policy. 

5 (4) Demand stabilization and social safety net 

6 policies. 

7 (5) The structure and incentives of financial 

8 markets and businesses’ access to credit. 

9 (6) Trade policy, including export control pol10 icy. 

11 (7) The tax code and its effect on investment, 

12 including the Federal research and development tax 

13 credit. 

14 (8) Deregulation in critical economic sectors, 

15 land use, environment review, and construction and 

16 manufacturing activities. 

17 (9) National economic and manufacturing infra18 structure. 

19 (10) Intellectual property reform. 

20 (11) Federally funded investments in the econ21 omy, including research and development and ad22 vanced manufacturing. 

23 (12) Federally funded procurement of goods 

24 and services. 


pbinns on DSKJLVW7X2PROD with BILLS
440 

•S 4049 RS

1 (13) Federally funded investments to expand 

2 domestic manufacturing capabilities. 

3 (c) ENGAGEMENT WITH CERTAIN ENTITIES.—In 

4 conducting the assessment required under subsection (a), 

5 the Deputy Secretary shall engage through appropriate 

6 mechanisms with the Defense Science Board, the Defense 

7 Innovation Board, the Defense Business Board, academic 

8 experts, commercial industry, and federally funded re9 search and development centers. 

10 (d) SUBMISSION OF ASSESSMENT.—Not later than 

11 30 days after receiving the assessment and recommenda12 tions under subsection (a), the Secretary of Defense shall 

13 submit the assessment, together with recommendations 

14 and any additional views of the Secretary, to the Presi15 dent, the Office of Management and Budget, the National 

16 Security Council, the National Economic Council, and the 

17 congressional defense committees. 

18 SEC. 803. IMPROVING IMPLEMENTATION OF POLICY PER19 TAINING TO THE NATIONAL TECHNOLOGY 

20 AND INDUSTRIAL BASE. 

21 (a) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE

22 IMPLEMENTATION.— 

23 (1) ASSESSMENT OF RESEARCH AND DEVELOP24 MENT, MANUFACTURING, AND PRODUCTION CAPA25 BILITIES.— 


pbinns on DSKJLVW7X2PROD with BILLS
441 

•S 4049 RS

1 (A) IN GENERAL.—In developing the strat2 egy required by section 2501 of title 10, United 

3 States Code, carrying out the analysis of the 

4 national technology and industrial base required 

5 by section 2503 of such title, and performing 

6 the periodic assessments required under section 

7 2505 of such title, the Secretary of Defense 

8 shall, in consultation with the Under Secretary 

9 of Defense for Acquisition and Sustainment and 

10 the Under Secretary of Research and Engineer11 ing, assess the research and development, man12 ufacturing, and production capabilities of enti13 ties within the United States and non-United 

14 States members of the national technology and 

15 industrial base as well as other friendly nations. 

16 (B) IDENTIFICATION OF SPECIFIC TECH17 NOLOGIES, COMPANIES, LABORATORIES, AND

18 FACTORIES.—The assessment shall include 

19 identification of specific technologies, compa20 nies, laboratories, and factories of or located in 

21 the United States and the non-United States 

22 members of the national technology and indus23 trial base of potential value to current and fu24 ture Department of Defense plans and pro25 grams. 


pbinns on DSKJLVW7X2PROD with BILLS
442 

•S 4049 RS

1 (2) POLICY AND GUIDANCE.—Consistent with 

2 section 2440 of title 10, United States Code, the 

3 Under Secretary of Defense for Acquisition and 

4 Sustainment shall develop and promulgate to the 

5 service and command acquisition executives, the 

6 heads of the appropriate defense agencies and field 

7 activities, and relevant program managers acquisi8 tion policy and guidance germane to the use of the 

9 research and development, manufacturing, and pro10 duction capabilities identified pursuant to paragraph 

11 (1)(B) and the technologies, companies, laboratories, 

12 and factories in specific Department of Defense re13 search and development, international cooperative 

14 research, procurement, and sustainment activities. 

15 (b) COOPERATIVE RESEARCH AND DEVELOPMENT.— 

16 (1) AUTHORITY TO ENTER INTO COOPERATIVE

17 RESEARCH AND DEVELOPMENT PROJECTS WITH NA18 TIONS IN THE NATIONAL TECHNOLOGY AND INDUS19 TRIAL BASE.—Section 2350a(a)(2) of title 10, 

20 United States Code, is amended by adding at the 

21 end the following new subparagraph: 

22 ‘‘(F) A nation in the National Technology and 

23 Industrial Base, as defined by section 2500 of title 

24 10, United States Code.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
443 

•S 4049 RS

1 (2) REGULATIONS.—Not later than 120 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall revise the Department of De4 fense Supplement to the Federal Acquisition Regula5 tion to conform with subparagraph (F) of section 

6 2350a(a)(2) of title 10, United States Code, as 

7 added by paragraph (1). 

8 (c) REGULATORY COUNCIL.—Section 2502 of title 

9 10, United States Code, is amended by inserting after sub10 section (d) the following new subsection: 

11 ‘‘(e) NATIONAL TECHNOLOGY AND INDUSTRIAL

12 BASE REGULATORY COUNCIL.— 

13 ‘‘(1) ESTABLISHMENT.—The Chairman of the 

14 National Defense Technology and Industrial Base 

15 Council shall work with the equivalent designees in 

16 the countries that comprise the national technology 

17 and industrial base to establish the National Tech18 nology and Industrial Base Regulatory Council. 

19 ‘‘(2) MEETINGS.—The National Technology 

20 and Industrial Base Regulatory Council shall meet 

21 biannually to harmonize respective policies and regu22 lations, and to propose new legislation and regula23 tions that increase the integration between the poli24 cies, persons, and organizations comprising the na25 tional technology and industrial base. 


pbinns on DSKJLVW7X2PROD with BILLS
444 

•S 4049 RS

1 ‘‘(3) DUTIES.—The National Technology and 

2 Industrial Base Regulatory Council shall— 

3 ‘‘(A) address and review issues related to 

4 industrial security, supply chain security, cyber5 security, regulating foreign direct investment 

6 and foreign ownership, control and influence 

7 mitigation, market research, technology assess8 ment, and research cooperation within public 

9 and private research and development organiza10 tions and universities, technology and export 

11 control measures, acquisition processes and 

12 oversight, and management best practices; and 

13 ‘‘(B) establish a mechanism for national 

14 technology and industrial base members to raise 

15 disputes that arise within the national tech16 nology and industrial base at a government-to17 government level.’’. 

18 (d) RECOMMENDATIONS FOR ADDITIONAL MEMBERS

19 OF THE NATIONAL TECHNOLOGY AND INDUSTRIAL

20 BASE.— 

21 (1) IN GENERAL.—The Secretary of Defense 

22 shall establish a process to consider the inclusion of 

23 additional member nations in the national tech24 nology and industrial base. 


pbinns on DSKJLVW7X2PROD with BILLS
445 

•S 4049 RS

1 (2) ELEMENTS.—The process developed under 

2 paragraph (1) shall include— 

3 (A) analysis of the national security costs 

4 and benefits to the United States and allies of 

5 the inclusion of such additional member nation 

6 in the national technology and industrial base; 

7 (B) analysis of the economic costs and 

8 benefits to entities within the United States and 

9 allies of the inclusion of such additional mem10 ber nation into the national technology and in11 dustrial base, including an assessment of— 

12 (i) specific shortfalls in the techno13 logical and industrial capacities of current 

14 member nations of the national technology 

15 and industrial base that would be ad16 dressed by inclusion of such additional 

17 member nation; and 

18 (ii) specific areas in the industrial 

19 bases of current member nations of the na20 tional technology and industrial base that 

21 would likely be impacted by additional 

22 competition if such additional nation were 

23 included in the national technology and in24 dustrial base; and 


pbinns on DSKJLVW7X2PROD with BILLS
446 

•S 4049 RS

1 (C) analysis of other factors as determined 

2 relevant by the Secretary. 

3 (3) RECOMMENDED LEGISLATION.— 

4 (A) IN GENERAL.—The Secretary of De5 fense may submit legislative proposals to Con6 gress to add new nations to the national tech7 nology and industrial base. 

8 (B) ELEMENTS.—Proposals submitted 

9 pursuant to subparagraph (A) shall include the 

10 following elements: 

11 (i) A summary of the analyses per12 formed pursuant to subsection (d)(2). 

13 (ii) A set of metrics to assess the na14 tional security and economic benefits that 

15 such inclusion is expected to accrue to en16 tities within the United States and allied 

17 nations. 

18 (4) REPORT.—Not later than 540 days after 

19 the date of the enactment of this Act, the Secretary 

20 shall submit to the congressional defense committees 

21 a report with recommendations regarding whether to 

22 include in the national technology and industrial 

23 base each country with which the United States 

24 maintains a mutual defense treaty, a reciprocal de25 fense procurement agreement, or other defense coVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
447 

•S 4049 RS

1 operation agreement. The report shall be based on 

2 assessments conducted using the process established 

3 under paragraph (1) and shall include, for each 

4 country recommended for inclusion, the information 

5 specified in paragraph (3)(B). 

6 SEC. 804. MODIFICATION OF FRAMEWORK FOR MODERN7 IZING ACQUISITION PROCESSES TO ENSURE 

8 INTEGRITY OF INDUSTRIAL BASE. 

9 Section 2509 of title 10, United States Code, as 

10 added by section 845(a) of the National Defense Author11 ization Act for Fiscal Year 2020 (Public Law 116–92), 

12 is amended— 

13 (1) in subsection (b)(2)— 

14 (A) in subparagraph (A)— 

15 (i) by inserting ‘‘, such as those iden16 tified through the Department of Defense’s 

17 supply chain risk management process and 

18 by the Federal Acquisition Security Coun19 cil, and’’ after ‘‘supply chain risks’’; and 

20 (ii) in clause (ii), by striking ‘‘(other 

21 than optical transmission components)’’; 

22 (B) in subparagraph (C)— 

23 (i) in clause (x), by striking ‘‘; and’’ 

24 and inserting a semicolon; 


pbinns on DSKJLVW7X2PROD with BILLS
448 

•S 4049 RS

1 (ii) by redesignating clause (xi) as 

2 clause (xii); and 

3 (iii) by inserting after clause (x) the 

4 following new clause: 

5 ‘‘(xi) processes and procedures related to 

6 supply chain risk management, including those 

7 implemented pursuant to section 806 of the Ike 

8 Skelton National Defense Authorization Act for 

9 Fiscal Year 2011 (Public Law 111–383; 10 

10 U.S.C. 2304 note); and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(E) Characterization and assessment of indus14 trial base support policies, programs, and proce15 dures, including— 

16 ‘‘(i) limitations and acquisition guidance 

17 relevant to the national technology and indus18 trial base (as defined in section 2500(1) of this 

19 title); 

20 ‘‘(ii) limitations and acquisition guidance 

21 relevant to section 2533a of this title; 

22 ‘‘(iii) the Industrial Base Analysis and 

23 Sustainment program, including direct support 

24 and common design activities; 


pbinns on DSKJLVW7X2PROD with BILLS
449 

•S 4049 RS

1 ‘‘(iv) the Small Business Innovation Re2 search program; 

3 ‘‘(v) the Department of Defense Manufac4 turing Technology program; 

5 ‘‘(vi) programs related to the Defense Pro6 duction Act of 1950 (50 U.S.C. 4511 et seq.); 

7 ‘‘(vii) the Trusted Capital Marketplace 

8 program; and 

9 ‘‘(viii) programs in the military services.’’; 

10 and 

11 (2) in subsection (f)(2), by inserting ‘‘, and 

12 supporting policies, procedures, and guidance’’ after 

13 ‘‘pursuant to subsection (b)’’. 

14 SEC. 805. ASSESSMENTS OF INDUSTRIAL BASE CAPABILI15 TIES AND CAPACITY. 

16 (a) ASSESSMENTS.—The Secretary of Defense shall 

17 define intelligence and other information requirements, 

18 sources, and organizational responsibilities for assessing 

19 foreign adversary technological and industrial bases and 

20 conducting comparative analyses of such technological and 

21 industrial bases. The requirements, sources, and respon22 sibilities shall include— 

23 (1) examining the competitive advantages for24 eign adversaries are pursuing, including with respect 


pbinns on DSKJLVW7X2PROD with BILLS
450 

•S 4049 RS

1 to regulation, raw materials, educational capacity, 

2 labor, and capital accessibility; 

3 (2) assessing relative cost, speed of product de4 velopment, age and value of the installed capital 

5 base, leadership’s technical competence and agility, 

6 nationally imposed inhibiting conditions, the avail7 ability of human and material resources, and the 

8 burdens of government oversight; 

9 (3) a temporal evaluation of the competitive 

10 strengths and weaknesses of United States industry 

11 versus the directed priorities and capabilities of for12 eign adversary governments; and 

13 (4) assessing any other issues that the Sec14 retary of Defense determines appropriate. 

15 (b) METHODOLOGY.—The Deputy Assistant Sec16 retary of Defense for Industrial Policy shall incorporate 

17 inputs pursuant to subsection (a) as part of a methodology 

18 to continuously assess domestic and foreign industries, 

19 markets, and companies of significance to military and in20 dustrial advantage to identify supply chain vulnerabilities. 

21 (c) REPORT.— 

22 (1) IN GENERAL.—Not later than March 15, 

23 2021, the Secretary of Defense shall submit to the 

24 congressional defense committees a report on efforts 


pbinns on DSKJLVW7X2PROD with BILLS
451 

•S 4049 RS

1 to establish the continuous assessment activity re2 quired under subsections (a) and (b). 

3 (2) ELEMENTS.—The report submitted under 

4 paragraph (1) shall include a consideration of 

5 whether it would be appropriate to task some of the 

6 assessment work to an organization independent of 

7 the Department, and any recommendations regard8 ing which organization should perform such work. 

9 SEC. 806. ANALYSES OF CERTAIN MATERIALS AND TECH10 NOLOGY SECTORS FOR ACTION TO ADDRESS 

11 SOURCING AND INDUSTRIAL CAPACITY. 

12 (a) ANALYSES REQUIRED.— 

13 (1) IN GENERAL.—The Secretary of Defense, 

14 acting through the Undersecretary for Acquisition 

15 and Sustainment and other appropriate officials, 

16 shall review the materials, processes, and technology 

17 sectors under subsection (c) to determine and de18 velop appropriate actions, consistent with the poli19 cies, programs, and activities required under chapter 

20 148 of title 10, United States Code, including— 

21 (A) restricting procurement, with appro22 priate waivers for cost, emergency require23 ments, and non-availability of suppliers, includ24 ing restricting procurement to— 

25 (i) suppliers in the United States; 


pbinns on DSKJLVW7X2PROD with BILLS
452 

•S 4049 RS

1 (ii) suppliers in the national tech2 nology and industrial base (as defined in 

3 section 2500(1) of title 10, United States 

4 Code); 

5 (iii) suppliers in other allied nations; 

6 or 

7 (iv) other suppliers; 

8 (B) increasing investment to expand capac9 ity or diversifying sources of supply or alter10 native approaches to addressing military re11 quirements, through use of research and devel12 opment or procurement activities and acquisi13 tion authorities; 

14 (C) taking a combination of actions de15 scribed under subparagraphs (A) and (B); or 

16 (D) taking no actions, restrictions, or addi17 tional investment. 

18 (2) CONSIDERATIONS.—The analyses conducted 

19 pursuant to paragraph (1) shall consider national se20 curity, economic, and treaty implications, as well as 

21 impacts on current and potential suppliers of goods 

22 and services. 

23 (b) RECOMMENDATIONS.—The analyses conducted 

24 pursuant to subsection (a) shall be used to inform policy, 


pbinns on DSKJLVW7X2PROD with BILLS
453 

•S 4049 RS

1 agreements, guidance and reporting requirements under 

2 chapter 148 of title 10, United States Code, including— 

3 (1) the annual report to Congress required 

4 under section 2504 of such title; 

5 (2) the annual report on unfunded priorities of 

6 the national technology and industrial base required 

7 under section 2504a of such title; 

8 (3) Department of Defense technology and in9 dustrial base policy guidance prescribed under sec10 tion 2506 of such title; 

11 (4) activities to modernize acquisition processes 

12 to ensure integrity of industrial base pursuant to 

13 section 2509 of such title; 

14 (5) defense memoranda of understanding and 

15 related agreements considered in accordance with 

16 section 2531 of such title; 

17 (6) other requirements as appropriate. 

18 (c) MATERIALS, TECHNOLOGIES, AND PROCESSES OF

19 INTEREST.—The Secretary of Defense shall prioritize un20 dertaking analyses and making recommendations under 

21 this section for the following goods and services: 

22 (1) Goods and services covered under existing 

23 restrictions, where a domestic non-availability deter24 mination has been made. 


pbinns on DSKJLVW7X2PROD with BILLS
454 

•S 4049 RS

1 (2) Critical technologies identified in the Na2 tional Defense Strategy. 

3 (3) Technologies and sectors identified in re4 ports required regarding the defense industrial base. 

5 (4) Microelectronics. 

6 (5) Printed circuit boards and other electronics 

7 components. 

8 (6) Pharmaceuticals. 

9 (7) Medical devices. 

10 (8) Personal protective equipment. 

11 (9) Rare earth materials. 

12 (10) Synthetic graphite. 

13 (11) Coal-based rayon carbon fibers. 

14 SEC. 807. MICROELECTRONICS MANUFACTURING STRAT15 EGY. 

16 (a) IN GENERAL.—Not later than January 1, 2021, 

17 the Deputy Secretary of Defense, in consultation with the 

18 Under Secretary of Defense for Acquisition and 

19 Sustainment, the Under Secretary for Research and Engi20 neering, and the Director of the Defense Advanced Re21 search Projects Agency, shall submit to the Secretary of 

22 Defense and the Chairman of the Joint Chiefs of Staff 

23 a strategy to manufacture state-of-the art integrated cir24 cuits in the United States within a period of three to five 

25 years that includes a plan to explore and evaluate options 


pbinns on DSKJLVW7X2PROD with BILLS
455 

•S 4049 RS

1 for re-establishing microelectronics foundry services and 

2 the industrial capabilities associated with such services. 

3 (b) ELEMENTS.—In developing the strategy required 

4 under subsection (a), the Under Secretary shall consider— 

5 (1) multiple models of public-private partner6 ships to execute the strategy; 

7 (2) processes and criteria for competitive selec8 tion of commercial companies, including companies 

9 headquartered in allied and partner countries, to 

10 provide design, foundry and assembly, and pack11 aging services and to build and operate the indus12 trial capabilities associated with such services; 

13 (3) the role that the broader Federal Govern14 ment should play in organizing and supporting the 

15 strategy, including any required direct or indirect 

16 funding support, or legislative and regulatory ac17 tions, including restricting procurements to domestic 

18 sources, and providing anti-trust and export control 

19 relief; and 

20 (4) all potential funding sources and mecha21 nisms for initial and sustaining investments. 

22 (c) SUBMISSION OF STRATEGY TO PRESIDENT.—Not 

23 later February 1, 2021, the Secretary of Defense shall 

24 submit the strategy, together with any views and rec25 ommendations, and an estimated budget to implement the 


pbinns on DSKJLVW7X2PROD with BILLS
456 

•S 4049 RS

1 strategy, to the President, the National Security Council, 

2 and the National Economic Council. 

3 (d) BRIEFING.—Not later than March 1, 2021, the 

4 Secretary of Defense shall submit the strategy to and brief 

5 the congressional defense committees on the strategy and 

6 the Secretary’s recommendations. 

7 SEC. 808. ADDITIONAL REQUIREMENTS PERTAINING TO 

8 PRINTED CIRCUIT BOARDS. 

9 (a) PURCHASES.—Not later than one year after the 

10 date of enactment of this Act, the Secretary of Defense 

11 shall require for new contracts or other acquisition activi12 ties that contractors, or subcontractors at any tier, that 

13 provide covered printed circuit boards for use by the De14 partment of Defense certify that, of the total value of the 

15 covered printed circuit boards provided by the contractor 

16 or subcontractor pursuant to a contract or subcontract 

17 with the Department of Defense, not less than the per18 centages set forth in subsection (b) were manufactured 

19 and assembled within a covered nation. 

20 (b) IMPLEMENTATION.— 

21 (1) ESTABLISHMENT OF REQUIRED PERCENT22 AGES.—In establishing the certification process 

23 under subsection (a), the Secretary shall establish 

24 and publish increasing percentages of values of the 

25 covered printed circuit boards under subsection (a) 


pbinns on DSKJLVW7X2PROD with BILLS
457 

•S 4049 RS

1 to be complied with by appropriate contractors and 

2 subcontractors, based on— 

3 (A) assessment of covered nation capacity 

4 to supply printed circuit boards, over time; 

5 (B) assessment of threats to national secu6 rity capabilities from use of printed circuit 

7 boards from non-covered nations; 

8 (C) economic benefits accrued by non-cov9 ered nations which would otherwise be accrued 

10 by covered nations; 

11 (D) achieving a goal of production of 100 

12 percent of manufacture and assembly of printed 

13 circuit boards in covered nations within ten 

14 years; and 

15 (E) other criteria as determined appro16 priate. 

17 (2) MINIMUM PERCENTAGES.—The percentages 

18 established by the Secretary under this subsection 

19 shall, in any case, be equal to or greater than, unless 

20 specifically directed by the Secretary for an indi21 vidual contract or subcontract— 

22 (A) 25 percent by October 1, 2023; 

23 (B) 50 percent by October 1, 2025; 

24 (C) 75 percent by October 1, 2029; and 

25 (D) 100 percent by October 1, 2032. 


pbinns on DSKJLVW7X2PROD with BILLS
458 

•S 4049 RS

1 (3) LIMITED EXCEPTIONS.—If the Secretary of 

2 Defense directs that a specific contract or sub3 contract is required to comply with a different per4 centage than those prescribed under this subsection, 

5 the Secretary shall notify the congressional defense 

6 committees not later than 30 days after such direc7 tion is issued, along with a rationale for the changed 

8 percentage. 

9 (c) REMEDIATION.—In the event that a contractor or 

10 subcontractor is unable to complete the certification re11 quired under subsection (a), the Secretary may accept cov12 ered printed circuit boards from the contractor or subcon13 tractor for an appropriate time period, not to exceed 18 

14 months over a five-year period, while requiring the con15 tractor to complete a remediation plan. Such a plan shall 

16 be submitted to the congressional defense committees and 

17 shall require the contractor or subcontractor to— 

18 (1) audit its supply chain to identify any areas 

19 of security vulnerability and compliance with section 

20 224 of the National Defense Authorization Act for 

21 Fiscal Year 2020 (Public Law 119–92); and 

22 (2) meet the requirements of subsection (a) 

23 within in an expedited fashion after the initial 

24 missed certification deadline to address national se25 curity threats. 


pbinns on DSKJLVW7X2PROD with BILLS
459 

•S 4049 RS

1 (d) WAIVER.—A contractor may request that the Sec2 retary of Defense waive the requirement for certification, 

3 and the Secretary may grant such a waiver, if the Sec4 retary has conclusively determined that— 

5 (1) there are no significant national security 

6 concerns regarding counterfeiting, quality, or unau7 thorized access created by any covered printed cir8 cuit boards provided to the Department of Defense 

9 by the contractor in the fiscal year under the certifi10 cation requirement or the previous fiscal year; 

11 (2) the contractor is otherwise in compliance 

12 with all relevant cybersecurity provisions relating to 

13 members of the defense industrial base, including 

14 section 244 of the National Defense Authorization 

15 Act for Fiscal Year 2020; and 

16 (3) the waiver is required to support national 

17 security needs, particularly with respect to acquisi18 tions of commercial items. 

19 (e) AVAILABILITY AND COST EXCEPTIONS.—Sub20 section (a) shall not apply to the extent that the Secretary 

21 of Defense or the Secretary of the military department 

22 concerned determines that covered printed circuit boards 

23 of satisfactory quality and sufficient quantity, in the re24 quired form, cannot be procured as and when needed from 

25 covered nations at reasonable cost, excluding comparisons 


pbinns on DSKJLVW7X2PROD with BILLS
460 

•S 4049 RS

1 with non-market economies, or in time to meet an oper2 ational requirement. 

3 (f) DEFINITIONS.—In this section— 

4 (1) the term ‘‘covered printed circuit board’’ 

5 means any printed circuit board that is a— 

6 (A) noncommercial item; or 

7 (B) commercial or commercially available 

8 off-the-shelf item that transmits or stores na9 tional security sensitive information for— 

10 (i) telecommunications; 

11 (ii) data communications; 

12 (iii) data storage; 

13 (iv) medical applications; 

14 (v) networking; 

15 (vi) fifth-generation cellular commu16 nications; 

17 (vii) computing; 

18 (viii) radar; 

19 (ix) munitions; or 

20 (x) any other system that the Sec21 retary of Defense determines should be 

22 covered under this section; and 

23 (2) the term ‘‘covered nation’’ means— 

24 (A) the United States; 


pbinns on DSKJLVW7X2PROD with BILLS
461 

•S 4049 RS

1 (B) a member nation of the national tech2 nology and industrial base under section 2500 

3 of title 10, United States Code; or 

4 (C) a nation that has agreed, in compli5 ance with section 36 of the Arms Export Con6 trol Act (22 U.S.C. 2776) and section 2457 of 

7 title 10, United States Code— 

8 (i) to comply with agreements with 

9 foreign governments requiring the United 

10 States to purchase supplies from foreign 

11 sources for the purposes of offsetting sales 

12 made by the United States Government or 

13 United States firms under approved pro14 grams serving defense requirements; or 

15 (ii) along with the United States Gov16 ernment, to remove barriers to purchases 

17 of supplies produced in the other country 

18 or services performed by sources of the 

19 other country; or 

20 (D) any country, other than the People’s 

21 Republic of China, the Russian Federation, 

22 Iran, or the Democratic People’s Republic of 

23 Korea, that the Secretary designates, upon a 

24 determination to be published in the Federal 


pbinns on DSKJLVW7X2PROD with BILLS
462 

•S 4049 RS

1 Register, that accepting covered printed circuit 

2 boards from which— 

3 (i) is in the national security interests 

4 of the United States; and 

5 (ii) does not pose a significant risk to 

6 national security systems. 

7 (g) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to prohibit the Department of De9 fense from entering into a contract with an entity that 

10 connects to the facilities of a third party, for the purposes 

11 of backhaul, roaming, or interconnection arrangements, on 

12 the basis of the third party’s noncompliance with the pro13 visions of this section. 

14 SEC. 809. STATEMENT OF POLICY WITH RESPECT TO SUP15 PLY OF STRATEGIC MINERALS AND METALS 

16 FOR DEPARTMENT OF DEFENSE PURPOSES. 

17 (a) STATEMENT OF POLICY.—It is the policy of the 

18 United States that the Department of Defense shall pur19 sue the following goals: 

20 (1) Ensure, by 2030, secure sources of supply 

21 of strategic minerals and metals that will— 

22 (A) fully meet the demands of the domestic 

23 defense industrial base; 


pbinns on DSKJLVW7X2PROD with BILLS
463 

•S 4049 RS

1 (B) eliminate the dependence of the United 

2 States on unsecure sources of supply of stra3 tegic minerals and metals; and 

4 (C) ensure that the Department of Defense 

5 is not reliant upon unsecure sources of supply 

6 for the processing or manufacturing of any 

7 strategic mineral and metal deemed essential to 

8 national security by the Secretary of Defense. 

9 (2) Provide incentives for the defense industrial 

10 base to develop robust processing and manufacturing 

11 capabilities in the United States to refine strategic 

12 minerals and metals for Department of Defense pur13 poses. 

14 (3) Maintain secure sources of supply of stra15 tegic minerals and metals required to maintain cur16 rent military requirements in the event that inter17 national supply chains are disrupted. 

18 (4) Achieve the goals described in paragraphs 

19 (1) through (3) through, among other methods— 

20 (A) the continued and expanded use of ex21 isting programs, such as the National Defense 

22 Stockpile administered by the Defense Logistics 

23 Agency; and 


pbinns on DSKJLVW7X2PROD with BILLS
464 

•S 4049 RS

1 (B) the continued use of authorities under 

2 title III of the Defense Production Act of 1950 

3 (50 U.S.C. 4531 et seq.). 

4 (b) STRATEGIC MINERALS AND METALS.—For pur5 poses of this section, strategic minerals and metals include 

6 critical minerals, as defined pursuant to Executive Order 

7 13817. 

8 SEC. 810. REPORT ON STRATEGIC AND CRITICAL MINERALS 

9 AND METALS. 

10 (a) REPORT REQUIRED.—Not later than June 30, 

11 2021, the Secretary of Defense shall submit to the Com12 mittees on Armed Services of the Senate and the House 

13 of Representatives a report on the results of a study, con14 ducted for purposes of this section, concerning strategic 

15 and critical minerals and metals and vulnerabilities in sup16 ply chains of such minerals and metals. 

17 (b) STRATEGIC AND CRITICAL MINERALS AND MET18 ALS.—For purposes of this section, strategic and critical 

19 minerals and metals are minerals and metals, including 

20 rare earth elements, that are necessary to meet national 

21 defense and national security requirements, including sup22 ply chain resiliency, and for the economic security of the 

23 United States. 

24 (c) ELEMENTS.—The study required for purposes of 

25 the report under subsection (a) shall do the following: 


pbinns on DSKJLVW7X2PROD with BILLS
465 

•S 4049 RS

1 (1) Identify the strategic and critical minerals 

2 and metals that are currently utilized by the Depart3 ment of Defense. 

4 (2) To the extent practicable, identify the over5 all annual tonnage of each strategic or critical min6 eral or metal identified pursuant to paragraph (1) 

7 that was utilized by the Department during the 10- 

8 year period ending on December 31, 2020. 

9 (3) Identify domestic and international sources 

10 for the strategic and critical minerals and metals 

11 identified pursuant to paragraph (1). 

12 (4) Identify risks to access to the strategic and 

13 critical minerals and metals identified pursuant to 

14 paragraph (1) from supply chain disruptions due to 

15 geopolitical, economic, and other vulnerabilities. 

16 (5) Evaluate the benefits of a robust domestic 

17 supply chain for providing strategic and critical min18 erals and metals to Department manufacturing sup19 ply chains in real time. 

20 (6) Evaluate the effects of the use of waivers by 

21 the Department of Defense Strategic Materials Pro22 tection Board on the domestic supply of strategic 

23 and critical minerals and metals. 

24 (7) Recommend policies and procedures for the 

25 Department to ensure a capability to secure straVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
466 

•S 4049 RS

1 tegic and critical minerals and metals necessary for 

2 emerging technologies such as anti-microbial prod3 ucts, minerals, and metals for use in medical equip4 ment among other technologies. 

5 (8) Identify improvements required to the Na6 tional Defense Stockpile in order to ensure the De7 partment has access to the strategic and critical 

8 minerals and metals identified pursuant to para9 graph (1). 

10 (9) Evaluate the domestic processing and man11 ufacturing capacity needed to supply the Depart12 ment with the strategic and critical minerals and 

13 metals identified pursuant to paragraph (1) in an 

14 economic and secure manner. 

15 (10) In consultation with the United States Ge16 ological Survey, identify domestic locations already 

17 verified to contain large supplies of strategic and 

18 critical minerals and metals identified pursuant to 

19 paragraph (1) with existing commercial manufac20 turing interest. 

21 (11) Address any other matter relating to stra22 tegic and critical minerals and metals that the Sec23 retary considers appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
467 

•S 4049 RS

1 (d) FORM.—The report required by subsection (a) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 SEC. 811. STABILIZATION OF SHIPBUILDING INDUSTRIAL 

5 BASE WORKFORCE. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Department of the Navy must explore and 

8 identify solutions, in consultation with the Department of 

9 Labor, to enhance shipbuilding workforce stability and en10 sure industry preparedness to construct the 355-ship fleet. 

11 (b) WORKING GROUP TO STABILIZE SHIPBUILDING

12 INDUSTRIAL BASE WORKFORCE.— 

13 (1) IN GENERAL.—The Secretary of the Navy 

14 shall form a working group with the Secretary of 

15 Labor for the purpose of enhancing integration of 

16 programs, resources, and expertise to strengthen the 

17 shipbuilding industrial base, as well as to provide 

18 recommendations to Congress, to better stabilize the 

19 shipbuilding industrial base workforce and determine 

20 appropriate solutions for workforce fluctuations. 

21 (2) DUTIES.—The working group shall carry 

22 out the following activities related to the ongoing 

23 challenges with workforce stability: 

24 (A) Analyze existing Department of the 

25 Navy contracts with the shipbuilding industry 


pbinns on DSKJLVW7X2PROD with BILLS
468 

•S 4049 RS

1 and other relevant information to better antici2 pate future employment trends and tailor work3 force resources and opportunities for workers 

4 most vulnerable to upcoming workforce fluctua5 tions. 

6 (B) Identify existing Department of Labor 

7 programs for unemployed, underemployed, and 

8 furloughed employees that could benefit the 

9 shipbuilding industrial base workforce during 

10 times of workload fluctuations and workforce 

11 instability, and explore potential partnerships to 

12 connect employees with appropriate resources. 

13 (C) Explore possible cost sharing agree14 ments to enable the Department of the Navy to 

15 contribute funding to existing Department of 

16 Labor workforce programs to support the ship17 building workforce. 

18 (D) Examine possible programs that will 

19 specifically assist furloughed employees who 

20 may sporadically rely on unemployment bene21 fits. 

22 (E) Explore opportunities for unemployed, 

23 underemployed, or furloughed employees to pro24 vide workforce training through temporary 

25 partnerships with States, technical schools, 


pbinns on DSKJLVW7X2PROD with BILLS
469 

•S 4049 RS

1 community colleges, and other local workforce 

2 development opportunities. 

3 (F) Review existing training programs for 

4 the shipbuilding workforce to maximize relevant 

5 and necessary training opportunities that would 

6 broaden employee skillset during times of un7 employment, underemployment, or furlough, 

8 where applicable. 

9 (G) Assess the possibility of shipbuilding 

10 worker support programs to weather a period of 

11 unemployment, underemployment, or furlough, 

12 including compensation options, alternative em13 ployment, temporary stipends, or other worker 

14 support opportunities. 

15 (H) Study cross-State credentialing re16 quirements and identify any restrictions that in17 hibit the flexibility of the shipbuilding workforce 

18 to seek employment opportunities across State 

19 lines, and make recommendations to streamline 

20 licensing, credentialing, certification, and quali21 fication requirements within the shipbuilding in22 dustry. 

23 (I) Review additional or new contracting 

24 authorities that could enable the Department of 

25 the Navy to award short-term, flexible contracts 


pbinns on DSKJLVW7X2PROD with BILLS
470 

•S 4049 RS

1 that will prioritize work for unemployed, under2 employed, or furloughed employees within the 

3 shipbuilding workforce. 

4 (J) Identify specific workforce support pro5 grams to support suppliers of all sizes within 

6 the shipbuilding industrial base, and assess any 

7 additional support from prime contractors that 

8 would improve the stability of such suppliers. 

9 (K) Assess whether greater collaboration 

10 with the United States Coast Guard and its 

11 shipbuilding contractors and subcontractors 

12 would improve workforce stability by assessing 

13 a totality of shipbuilding demands. 

14 (L) Consider potential pilot programs that 

15 will specifically address shipbuilding industrial 

16 base workforce stability. 

17 (M) Explore any additional opportunities 

18 to invest in recruiting, retaining, and training a 

19 skilled shipbuilding workforce. 

20 (N) Consider and incorporate the findings 

21 and recommendations, as appropriate, of the re22 port on shipbuilder training and the defense in23 dustrial base required under section 1037 of the 

24 National Defense Authorization Act for Fiscal 

25 Year 2020 (Public Law 116–92). 


pbinns on DSKJLVW7X2PROD with BILLS
471 

•S 4049 RS

1 (3) NOTIFICATION REQUIREMENT REGARDING

2 ESTABLISHMENT AND STRUCTURE.—Not later than 

3 90 days after the date of the enactment of this Act, 

4 the Secretary of the Navy, in coordination with the 

5 Secretary of Labor, shall notify the congressional de6 fense committees regarding the membership and 

7 structure of the working group. 

8 (4) REPORT.—Not later than one year after the 

9 date of the enactment of this Act, the Secretary of 

10 the Navy, in consultation with the Secretary of 

11 Labor, shall submit to the congressional defense 

12 committees, the Committee on Health, Education, 

13 Labor, and Pensions of the Senate, and the Com14 mittee on Education and Labor of the House of 

15 Representatives a report with the findings and rec16 ommendations of the working group. 

17 SEC. 812. MISCELLANEOUS LIMITATIONS ON THE PRO18 CUREMENT OF GOODS OTHER THAN UNITED 

19 STATES GOODS. 

20 Section 2534 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (a)— 

23 (A) by striking paragraphs (2) through 

24 (5); 


pbinns on DSKJLVW7X2PROD with BILLS
472 

•S 4049 RS

1 (B) by inserting after paragraph (1) the 

2 following new paragraph: 

3 ‘‘(2) COMPONENTS FOR NAVAL VESSELS.— 

4 ‘‘(A) Vessel propellers with a diameter of 

5 six feet or more. 

6 ‘‘(B) The following components of vessels, 

7 to the extent they are unique to marine applica8 tions: gyrocompasses, electronic navigation 

9 chart systems, steering controls, propulsion and 

10 machinery control systems, and totally enclosed 

11 lifeboats.’’; 

12 (C) by redesignating paragraph (6) as 

13 paragraph (3); and 

14 (D) in paragraph (3), as redesignated by 

15 subparagraph (C), by striking ‘‘(k)’’ and insert16 ing ‘‘(j)’’; 

17 (2) in subsection (b)— 

18 (A) by striking paragraph (2) and redesig19 nating paragraph (3) as paragraph (2); and 

20 (B) in paragraph (2), as redesignated by 

21 subparagraph (A), by striking ‘‘subsection 

22 (a)(3)(A)(iii)’’ and inserting ‘‘subsection 

23 (a)(2)(A)’’; 

24 (3) in subsection (c)— 


pbinns on DSKJLVW7X2PROD with BILLS
473 

•S 4049 RS

1 (A) by striking ‘‘ITEMS.’’ and all that fol2 lows through ‘‘Subsection (a) does not apply’’ 

3 in paragraph (1) and inserting ‘‘ITEMS.—Sub4 section (a) does not apply’’; and 

5 (B) by striking paragraphs (2) though (5); 

6 (4) in subsection (g)— 

7 (A) by striking ‘‘(1) This section’’ and in8 serting ‘‘This section’’; and 

9 (B) by striking paragraph (2); 

10 (5) in subsection (h), by striking ‘‘subsection 

11 (a)(3)(B)’’ and inserting ‘‘subsection (a)(2)(B)’’; 

12 (6) in subsection (i)(3), by striking ‘‘Acquisi13 tion, Technology, and Logistics’’ and inserting ‘‘Ac14 quisition and Sustainment’’; 

15 (7) by striking subsection (j); and 

16 (8) by redesignating the first subsection des17 ignated subsection (k) as subsection (j). 

18 SEC. 813. USE OF DOMESTICALLY SOURCED STAR TRACK19 ERS IN NATIONAL SECURITY SATELLITES. 

20 (a) IN GENERAL.— Except as provided in subsection 

21 (a), any acquisition executive of the Department of De22 fense who approves a contract for a national security sat23 ellite after October 1, 2021, shall require any star tracker 

24 system included in the design of such national security 

25 satellite to be domestically sourced. 


pbinns on DSKJLVW7X2PROD with BILLS
474 

•S 4049 RS

1 (b) EXCEPTIONS.— The application of subsection (a) 

2 may be waived if the acquisition executive certifies in writ3 ing that— 

4 (1) there is no available domestically sourced 

5 star tracker system that meets the national security 

6 satellite systems mission and design requirements; 

7 (2) the cost of the available domestically 

8 sourced star tracker system is unreasonably priced 

9 based on a market survey; or 

10 (3) an urgent and compelling national security 

11 need exists to necessitate a foreign-made star track12 er. 

13 (c) NATIONAL SECURITY SATELLITE DEFINED.— In 

14 this section, ‘‘national security satellite’’ is a satellite the 

15 principle purpose of which is to support the national secu16 rity needs of the United States Government. 

17 SEC. 814. MODIFICATION TO SMALL PURCHASE THRESH18 OLD EXCEPTION TO SOURCING REQUIRE19 MENTS FOR CERTAIN ARTICLES. 

20 Subsection (h) of section 2533a of title 10, United 

21 States Code, is amended to read as follows: 

22 ‘‘(h) EXCEPTION FOR SMALL PURCHASES.—Sub23 section (a) does not apply to purchases for amounts not 

24 greater than $150,000. A proposed purchase or contract 

25 for an amount greater than $150,000 may not be divided 


pbinns on DSKJLVW7X2PROD with BILLS
475 

•S 4049 RS

1 into several purchases or contracts for lesser amounts in 

2 order to qualify for this exception. On October 1 of each 

3 year evenly divisible by 5, the Secretary of Defense may 

4 adjust the dollar threshold in this subsection based on 

5 changes in the Consumer Price Index. The Secretary shall 

6 publish notice of any such adjustment in the Federal Reg7 ister, and the new price threshold shall take effect on the 

8 date of publication.’’. 

9 Subtitle B—Acquisition Policy and 

10 Management 

11 SEC. 831. REPORT ON ACQUISITION RISK ASSESSMENT AND 

12 MITIGATION AS PART OF ADAPTIVE ACQUISI13 TION FRAMEWORK IMPLEMENTATION. 

14 (a) SERVICE ACQUISITION EXECUTIVES INPUT.— 

15 The Service Acquisition Executives shall report to the Sec16 retary of Defense, the Under Secretary of Defense for Ac17 quisition and Sustainment, the Under Secretary of De18 fense for Research and Engineering, and the Chief Infor19 mation Officer of the Department of Defense how they 

20 are assessing, mitigating, and reporting on the following 

21 risks in acquisition programs: 

22 (1) Technical risks in engineering, software, 

23 manufacturing and testing. 

24 (2) Integration and interoperability risks, in25 cluding complications related to systems working 


pbinns on DSKJLVW7X2PROD with BILLS
476 

•S 4049 RS

1 across multiple domains while using machine learn2 ing and artificial intelligence capabilities to continu3 ously change and optimize system performance. 

4 (3) Operations and sustainment risks, including 

5 as mediated by access to technical data and intellec6 tual property rights. 

7 (4) Workforce and training risks, including con8 sideration of the role of contractors as part of the 

9 total workforce. 

10 (5) Supply chain risks, including cybersecurity, 

11 foreign control and ownership of key elements of 

12 supply chains, and the consequences a fragile and 

13 weakening defense industrial base, combined with 

14 barriers to industrial cooperation with allies and 

15 partners pose for delivering systems and technologies 

16 in a trusted and assured manner. 

17 (b) REPORT TO CONGRESS.—Not later than March 

18 31, 2021, the Under Secretary of Defense for Acquisition 

19 and Sustainment shall submit to the congressional defense 

20 committees a report including— 

21 (1) the input received from the Service Acquisi22 tion Executives pursuant to subsection (a); and 

23 (2) the views of the Under Secretary with re24 spect to the matters described in paragraphs (1) 

25 through (5) of such subsection. 


pbinns on DSKJLVW7X2PROD with BILLS
477 

•S 4049 RS

1 SEC. 832. COMPTROLLER GENERAL REPORT ON IMPLE2 MENTATION OF SOFTWARE ACQUISITION RE3 FORMS. 

4 (a) IN GENERAL.—Not later than March 15, 2021, 

5 the Comptroller General of the United States shall brief 

6 the congressional defense committees on the implementa7 tion by the Department of Defense of required acquisition 

8 reforms with respect to acquiring software for weapon sys9 tems, business systems, and other activities that are part 

10 of the defense acquisition system, with a report, or re11 ports, to follow as agreed upon by the committees and the 

12 Comptroller General. 

13 (b) ELEMENTS.—The briefing and report, or reports, 

14 required under subsection (a) shall include an assessment 

15 of the extent to which the Department of Defense has im16 plemented requirements related to the following: 

17 (1) Software acquisition studies and their im18 plementation, including pursuant to section 872 of 

19 the National Defense Authorization Act for Fiscal 

20 Year 2018 (Public Law 115–91; Defense Innovation 

21 Board analysis of software acquisition regulations), 

22 section 868 of the John S. McCain National Defense 

23 Authorization Act for Fiscal Year 2019 (Public Law 

24 115–232; implementation of recommendations of the 

25 final report of the Defense Science Board Task 


pbinns on DSKJLVW7X2PROD with BILLS
478 

•S 4049 RS

1 Force on the Design and Acquisition of Software for 

2 Defense Systems). 

3 (2) Software acquisition activities pursuant to 

4 section 2322a of title 10, United States Code (re5 lated to consideration of certain maters during the 

6 acquisition of noncommercial computer software), 

7 section 875 of the National Defense Authorization 

8 Act for Fiscal Year 2018 (Public Law 115–91; pilot 

9 program for open source software), and section 800 

10 of the National Defense Authorization Act for Fiscal 

11 Year 2020 (Public Law 116–92, related to contin12 uous integration and delivery of software applica13 tions and upgrades to embedded systems). 

14 (3) Software acquisition pilots, including the 

15 pilot program pursuant to section 873 of the Na16 tional Defense Authorization Act for Fiscal Year 

17 2018 (Public Law 115–91; relating to the use of 

18 agile or iterative development methods to tailor 

19 major software-intensive warfighting systems and 

20 defense business systems) and the pilot program 

21 pursuant to section 874 of such Act (relating to 

22 using agile best practices for software development). 

23 (c) ASSESSMENT OF ACQUISITION POLICY, GUID24 ANCE, AND PRACTICES.—Each report under subsection 

25 (a) should include an assessment of the extent to which 


pbinns on DSKJLVW7X2PROD with BILLS
479 

•S 4049 RS

1 Department of Defense software acquisition policy, guid2 ance, and practices reflect implementation of relevant rec3 ommendations from related studies, pilot programs, and 

4 directives from the congressional defense committees. 

5 (d) MODIFICATION OF REQUIREMENTS FOR COMP6 TROLLER GENERAL ASSESSMENT OF ACQUISITION PRO7 GRAMS AND INITIATIVES.—Section 2229b(b)(2) of title 

8 10, United States Code, is amended by striking ‘‘a sum9 mary of organizational and legislative changes and emerg10 ing assessment methodologies since the last assessment, 

11 and a discussion of the implications’’ and inserting ‘‘a dis12 cussion of selected organizational, policy, and legislative 

13 changes, as determined appropriate by the Comptroller 

14 General, and the potential implications’’. 

15 (e) DEFENSE ACQUISITION SYSTEM DEFINED.—In 

16 this section, the term ‘‘defense acquisition system’’ has the 

17 meaning given that term in section 2545(2) of title 10, 

18 United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
480 

•S 4049 RS

1 Subtitle C—Amendments to Gen2 eral Contracting Authorities, 

3 Procedures, and Limitations 

4 SEC. 841. AUTHORITY TO ACQUIRE INNOVATIVE COMMER5 CIAL PRODUCTS AND SERVICES USING GEN6 ERAL SOLICITATION COMPETITIVE PROCE7 DURES. 

8 (a) AUTHORITY.— 

9 (1) IN GENERAL.—Chapter 140 of title 10, 

10 United States Code, is amended by adding at the 

11 end the following new section: 

12 ‘‘§ 2380c. Authority to acquire innovative commercial 

13 products and services using general solic14 itation competitive procedures 

15 ‘‘(a) AUTHORITY.—The Secretary of Defense may ac16 quire innovative commercial products and services through 

17 a competitive selection of proposals resulting from a gen18 eral solicitation and the peer review of such proposals. 

19 ‘‘(b) TREATMENT AS COMPETITIVE PROCEDURES.— 

20 Use of general solicitation competitive procedures under 

21 subsection (a) shall be considered to be use of competitive 

22 procedures for purposes of chapter 137 of this title. 

23 ‘‘(c) LIMITATIONS.—(1) The Secretary may not enter 

24 into a contract or agreement in excess of $100,000,000 

25 using the authority under subsection (a) without a written 


pbinns on DSKJLVW7X2PROD with BILLS
481 

•S 4049 RS

1 determination from the Under Secretary of Defense for 

2 Acquisition and Sustainment or the relevant service acqui3 sition executive of the efficacy of the effort to meet mission 

4 needs of the Department of Defense or the relevant mili5 tary department. 

6 ‘‘(2) Contracts or agreements entered into using the 

7 authority under subsection (a) shall be fixed-price, includ8 ing fixed-price incentive fee contracts. 

9 ‘‘(3) Notwithstanding section 2376(1) of this title, 

10 products and services acquired using the authority under 

11 subsection (a) shall be treated as commercial products and 

12 services. 

13 ‘‘(d) CONGRESSIONAL NOTIFICATION REQUIRED.— 

14 (1) Not later than 45 days after the award of a contract 

15 for an amount exceeding $100,000,000 using the author16 ity in subsection (a), the Secretary of Defense shall notify 

17 the congressional defense committees of such award. 

18 ‘‘(2) Notice of an award under paragraph (1) shall 

19 include the following: 

20 ‘‘(A) Description of the innovative commercial 

21 product or service acquired. 

22 ‘‘(B) Description of the requirement, capability 

23 gap, or potential technological advancement with re24 spect to which the innovative commercial product or 


pbinns on DSKJLVW7X2PROD with BILLS
482 

•S 4049 RS

1 service acquired provides a solution or a potential 

2 new capability. 

3 ‘‘(C) Amount of the contract awarded. 

4 ‘‘(D) Identification of contractor awarded the 

5 contract. 

6 ‘‘(e) INNOVATIVE DEFINED.—. In this section, the 

7 term ’innovative’ means— 

8 ‘‘(1) any technology, process, or method, includ9 ing research and development, that is new as of the 

10 date of submission of a proposal; or 

11 ‘‘(2) any application that is new as of the date 

12 of submission of a proposal of a technology, process, 

13 or method existing as of such date.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 140 of title 10, 

16 United States Code, is amended by inserting after 

17 the item relating to section 2380b the following new 

18 item: 

‘‘2380c. Authority to acquire innovative commercial products and services using 

general solicitation competitive procedures.’’. 

19 (b) REPEAL OF OBSOLETE AUTHORITY.—Section 

20 879 of the National Defense Authorization Act for Fiscal 

21 Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) 

22 is hereby repealed. 


pbinns on DSKJLVW7X2PROD with BILLS
483 

•S 4049 RS

1 SEC. 842. TRUTH IN NEGOTIATIONS ACT THRESHOLD FOR 

2 DEPARTMENT OF DEFENSE CONTRACTS. 

3 Section 2306a(a)(1) of title 10, United States Code, 

4 is amended— 

5 (1) in subparagraph (B), by striking ‘‘contract 

6 if’’ and all that follows through clause (iii) and in7 serting ‘‘contract if the price adjustment is expected 

8 to exceed $2,000,000.’’; 

9 (2) in subparagraph (C), by striking ‘‘section 

10 and—’’ and all that follows through clause (iii) and 

11 inserting ‘‘section and the price of the subcontract 

12 is expected to exceed $2,000,000.’’; and 

13 (3) in subparagraph (D), by striking ‘‘sub14 contract if—’’ and all that follows through clause 

15 (ii) and inserting ‘‘subcontract if the price adjust16 ment is expected to exceed $2,000,000.’’. 

17 SEC. 843. REVISION OF PROOF REQUIRED WHEN USING AN 

18 EVALUATION FACTOR FOR DEFENSE CON19 TRACTORS EMPLOYING OR SUBCON20 TRACTING WITH MEMBERS OF THE SE21 LECTED RESERVE OF THE RESERVE COMPO22 NENTS OF THE ARMED FORCES. 

23 Section 819 of the National Defense Authorization 

24 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

25 3385; 10 U.S.C. 2305 note) is amended— 

26 (1) by striking subsection (b); and 


pbinns on DSKJLVW7X2PROD with BILLS
484 

•S 4049 RS

1 (2) by redesignating subsection (c) as sub2 section (b). 

3 SEC. 844. CONTRACT AUTHORITY FOR ADVANCED DEVEL4 OPMENT OF INITIAL OR ADDITIONAL PROTO5 TYPE UNITS. 

6 (a) IN GENERAL.—Section 2302e of title 10, United 

7 States Code, is amended— 

8 (1) in the heading, by striking ‘‘advanced 

9 development’’ and inserting ‘‘development 

10 and demonstration’’; and 

11 (2) in subsection (a)(1), by striking ‘‘provision 

12 of advanced component development, prototype,’’ 

13 and inserting ‘‘development and demonstration’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 137 of title 10, United States 

16 Code, is amended by striking the item relating to section 

17 2302e and inserting the following new item: 

‘‘2302e. Contract authority for development and demonstration of initial or additional prototype units.’’. 

18 SEC. 845. DEFINITION OF BUSINESS SYSTEM DEFICIENCIES 

19 FOR CONTRACTOR BUSINESS SYSTEMS. 

20 Section 893 of the Ike Skelton National Defense Au21 thorization Act for Fiscal Year 2011 (Public Law 111– 

22 383; 10 U.S.C. 2302 note) is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
485 

•S 4049 RS

1 (1) by striking ‘‘significant deficiencies’’ both 

2 places it appears and inserting ‘‘material weak3 nesses’’; 

4 (2) by striking ‘‘significant deficiency’’ each 

5 place it appears and inserting ‘‘material weakness’’; 

6 and 

7 (3) by amending paragraph (4) of subsection 

8 (g) to read as follows: 

9 ‘‘(4) The term ‘material weakness’ means a de10 ficiency, or combination of deficiencies, in internal 

11 control over risks related to Government contract 

12 compliance or other shortcomings in the system, 

13 such that there is a reasonable possibility that a ma14 terial noncompliance will not be prevented, or de15 tected and corrected, on a timely basis. A reasonable 

16 possibility exists when the likelihood of an event oc17 curring is either reasonably possible, meaning the 

18 chance of the future event occurring is more than 

19 remote but less than likely, or is probable.’’. 

20 SEC. 846. REPEAL OF PILOT PROGRAM ON PAYMENT OF 

21 COSTS FOR DENIED GOVERNMENT ACCOUNT22 ABILITY OFFICE BID PROTESTS. 

23 Section 827 of the National Defense Authorization 

24 Act for Fiscal Year 2018 (Public Law 115–91) is re25 pealed. 


pbinns on DSKJLVW7X2PROD with BILLS
486 

•S 4049 RS

1 Subtitle D—Provisions Relating to 

2 Major Defense Acquisition Pro3 grams 

4 SEC. 861. IMPLEMENTATION OF MODULAR OPEN SYSTEMS 

5 ARCHITECTURE REQUIREMENTS. 

6 (a) REQUIREMENTS FOR INTERFACE DELIVERY.— 

7 (1) IN GENERAL.—Not later than one year 

8 after the date of the enactment of this Act, the 

9 Under Secretary of Defense for Acquisition and 

10 Sustainment, in coordination with the Joint All Do11 main Command and Control Cross Functional Team 

12 under the supervision of the Department of Defense 

13 Chief Information Officer and the Joint Staff Direc14 tor for Command, Control, Communications, and 

15 Computers/Cyber, shall prescribe regulations and 

16 issue guidance to the military services, defense agen17 cies and field activities, and combatant commands, 

18 as appropriate, in order to— 

19 (A) facilitate the Department of Defense’s 

20 access to and utilization of system, major sub21 system, and major component software-defined 

22 interfaces; 

23 (B) fully meet the intent of chapter 144B 

24 of title 10, United States Code; and 


pbinns on DSKJLVW7X2PROD with BILLS
487 

•S 4049 RS

1 (C) advance the Department’s efforts to 

2 generate diverse and recomposable kill chains. 

3 (2) ELEMENTS.—The regulations and guidance 

4 required in subsection (a)(1) shall include, at a min5 imum— 

6 (A) requirements that each relevant pro7 gram office characterizes the desired modularity 

8 of the system for which it is responsible, either, 

9 in the case of major defense acquisition pro10 grams, in the acquisition strategy required 

11 under section 2431a of title 10, United States 

12 Code, or, in the case of other programs, via 

13 other documentation, including— 

14 (i) specification of which system, 

15 major subsystems, and major components 

16 should be able to execute without requiring 

17 coincident execution of other systems, 

18 major subsystems, and major components; 

19 (ii) a default configuration specifying 

20 which systems, major subsystems, and 

21 major components should communicate 

22 with other systems, major subsystems, and 

23 major components; and 

24 (iii) specification of what information 

25 should be communicated, the method of 


pbinns on DSKJLVW7X2PROD with BILLS
488 

•S 4049 RS

1 the communication, and the desired func2 tion of the communication; 

3 (B) requirements that relevant Depart4 ment of Defense contracts include mandates for 

5 the delivery of system, major subsystem, and 

6 major component software-defined interfaces 

7 for systems, major subsystems, and major com8 ponents deemed relevant in the acquisition 

9 strategy or documentation referred to in sub10 section (a)(2)(a), including— 

11 (i) software-defined interface syntax 

12 and properties, specifically governing how 

13 values are validly passed and received be14 tween major subsystems and components, 

15 in machine-readable format; 

16 (ii) a machine-readable definition of 

17 the relationship between the delivered 

18 interface and existing common standards 

19 or interfaces available in the interface re20 pository of subsection (c), if appropriate 

21 and available, using interface field trans22 form technology developed under the De23 fense Advanced Research Projects Agency 

24 System of Systems Technology Integration 

25 Tool Chain for Heterogeneous Electronic 


pbinns on DSKJLVW7X2PROD with BILLS
489 

•S 4049 RS

1 Systems (STITCHES) program or tech2 nology that is functionally similar; and 

3 (iii) documentation with functional de4 scriptions of software-defined interfaces, 

5 conveying semantic meaning of interface 

6 elements, such as the function of a given 

7 interface field; 

8 (C) requirements that relevant program of9 fices, including those responsible for maintain10 ing and upgrading legacy systems, that have 

11 awarded contracts that do not include the re12 quirements specified in subparagraph (B) of 

13 paragraph (2) nevertheless acquire the items 

14 specified in clauses (i) through (iii) of such sub15 paragraph, either through contractual updates, 

16 separate negotiations or contracts, or program 

17 management mechanisms; and 

18 (D) requirements that program offices de19 liver these interfaces and the associated docu20 mentation to the controlled repository estab21 lished under subsection (c). 

22 (3) APPLICABILITY OF REGULATIONS AND

23 GUIDANCE.— 

24 (A) APPLICABILITY.—The regulations and 

25 guidance required under subsection (a)(1) shall 


pbinns on DSKJLVW7X2PROD with BILLS
490 

•S 4049 RS

1 apply, at a minimum, to program offices re2 sponsible for the prototyping, acquisition, or 

3 sustainment of new or existing cyber-physical 

4 weapon systems with software-defined inter5 faces, or with major subsystems or components 

6 with software-defined interfaces, developed or to 

7 be developed, wholly or in part with Federal 

8 funds, including those applicable program of9 fices using other transaction authorities (OTA). 

10 (B) EXTENSION OF SCOPE.—One year 

11 after the promulgation of the regulations and 

12 guidance required under subsection (a)(1) for 

13 cyber-physical systems, the Under Secretary of 

14 Defense for Acquisition and Sustainment shall 

15 extend the regulations and guidance to apply to 

16 purely software systems, including business sys17 tems and cybersecurity systems. The Secretary 

18 may make the regulations and guidance appli19 cable, as practicable, to program offices respon20 sible for the acquisition of systems and capabili21 ties under part 12 of the Federal Acquisition 

22 Regulation and commercially available off the23 the-shelf items. 

24 (C) INCLUSION OF SUBSYSTEMS AND COM25 PONENTS.—The major subsystems and compoVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
491 

•S 4049 RS

1 nents covered under paragraph (2)(A) shall in2 clude all subsystems and components covered by 

3 contract line items. 

4 (b) RIGHTS IN INTERFACE SOFTWARE.— 

5 (1) REGULATIONS.—Not later than one year 

6 after the date of the enactment of this Act, the 

7 Under Secretary of Defense for Acquisition and 

8 Sustainment shall prescribe regulations to define the 

9 legitimate interest of the United States and of a 

10 contractor or subcontractor in interface software. 

11 The regulations shall be included in regulations of 

12 the Department of Defense prescribed as part of the 

13 Defense Supplement to the Federal Acquisition Reg14 ulation. 

15 (2) LIMITATION ON REGULATIONS.—The regu16 lations prescribed pursuant to paragraph (1) may 

17 not— 

18 (A) impair any right of the United States 

19 or of any contractor or subcontractor with re20 spect to patents or copyrights or any other 

21 right in software otherwise established by law; 

22 or 

23 (B) impair the right of a contractor or 

24 subcontractor to receive from a third party a 

25 fee or royalty for the use of software pertaining 


pbinns on DSKJLVW7X2PROD with BILLS
492 

•S 4049 RS

1 to an item or process developed exclusively at 

2 private expense by the contractor or subcon3 tractor, except as otherwise specifically provided 

4 by law. 

5 (2) ELEMENTS.—Such regulations shall include 

6 the following provisions: 

7 (A) In the case of a software interface that 

8 is developed by a contractor or subcontractor 

9 exclusively with Federal funds (other than an 

10 item developed under a contract or subcontract 

11 to which regulations under section 9(j)(2) of 

12 the Small Business Act (15 U.S.C. 638(j)(2)) 

13 apply), the United States shall have the unlim14 ited and non-expiring right to use the software 

15 or release or disclose the software to persons 

16 outside the government or permit the use of the 

17 software by such persons. 

18 (B) In the case of a software interface that 

19 is developed in part with Federal funds and in 

20 part at private expense and except in any case 

21 in which the Secretary of Defense determines 

22 that negotiation of different rights in such soft23 ware would be in the best interest of the United 

24 States, the Government— 


pbinns on DSKJLVW7X2PROD with BILLS
493 

•S 4049 RS

1 (i) shall have Government-purpose 

2 rights to the software interface, and, in ad3 dition, may release or disclose the software 

4 interface, or authorize others to do so, if— 

5 (I) prior to release or disclosure, 

6 the intended recipient is subject to an 

7 exclusive for-Government-use and 

8 non-disclosure agreement; 

9 (II) the intended recipient is a 

10 Government contractor receiving ac11 cess to the interface for the perform12 ance of a Government contract; and 

13 (III) the intended use is for the 

14 purpose of system, major subsystem, 

15 and major component segregation, 

16 interoperability, integration, or re17 integration; and 

18 (ii) may not use, or authorize other 

19 persons to use, interface software for com20 mercial purposes. 

21 (C) In the case of a software interface that 

22 is developed exclusively at private expense, the 

23 Government shall negotiate with the contractor 

24 or the subcontractor to best achieve, if prac25 tical, Government-purpose rights to the softVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
494 

•S 4049 RS

1 ware interface and rights to release or disclose 

2 the software interface, or authorize others to do 

3 so, if— 

4 (i) prior to release or disclosure, the 

5 intended recipient is subject to an exclusive 

6 for-Government use and non-disclosure 

7 agreement; 

8 (ii) the intended recipient is a Govern9 ment contractor receiving access to the 

10 interface for the performance of a Govern11 ment contract; and 

12 (iii) the intended use is for the pur13 pose of system, major subsystem, and 

14 major component segregation, interoper15 ability, integration and reintegration. 

16 (c) INTERFACE REPOSITORY.— 

17 (1) ESTABLISHMENT.—The Under Secretary of 

18 Defense for Acquisition and Sustainment shall es19 tablish and maintain, at the appropriate classifica20 tion level, an interface repository for interfaces, syn21 tax and properties, documentation, and communica22 tion implementations delivered pursuant to the re23 quirements established under subsection (a)(2)(B) 

24 and shall provide interfaces, access to interfaces, and 

25 relevant documentation to the military services, deVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
495 

•S 4049 RS

1 fense agencies and field activities, combatant com2 mands, and contractors, as appropriate, to facilitate 

3 system, major subsystem, and major component seg4 regation and reintegration. 

5 (2) DISTRIBUTION OF INTERFACES.—Con6 sistent with section 2320 of title 10, United States 

7 Code, and in accordance with subsection (b), the 

8 Under Secretary of Defense for Acquisition and 

9 Sustainment may distribute interfaces, access to 

10 interfaces, and relevant documentation to Govern11 ment entities and contractors. Any such protected 

12 transfer or disclosure by the Government to a recipi13 ent is limited to only those data necessary for seg14 regation, interoperability, integration, or reintegra15 tion. 

16 (d) SYSTEM OF SYSTEMS INTEGRATION TECH17 NOLOGY AND EXPERIMENTATION.— 

18 (1) DEMONSTRATIONS AND ASSESSMENT.—No 

19 later than one year after the date of the enactment 

20 of this Act, the Joint Staff Director for Command, 

21 Control, Communications, and Computers/Cyber and 

22 Department of Defense Chief Information Officer, 

23 through the Joint All Domain Command and Con24 trol Cross Functional Team, shall conduct dem25 onstrations and complete an assessment of the techVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
496 

•S 4049 RS

1 nologies developed under the Defense Advanced Re2 search Projects Agency’s System of Systems Inte3 gration Technology and Experimentation program, 

4 including the STITCHES technology, and their ap5 plicability to the Joint All-Domain Command and 

6 Control architecture. The demonstrations and as7 sessment shall include— 

8 (A) at least three demonstrations of the 

9 use of the STITCHES technology to create, 

10 under constrained schedules and budgets, novel 

11 kill chains involving previously incompatible 

12 weapon systems, sensors, and command, con13 trol, and communication systems from multiple 

14 military services in cooperation with United 

15 States Indo-Pacific Command or United States 

16 European Command; 

17 (B) an evaluation as to whether the com18 munications enabled via the STITCHES tech19 nology are sufficient for military missions and 

20 whether the technology results in any substan21 tial performance loss in communication between 

22 systems, major subsystems, and major compo23 nents; 

24 (C) an evaluation as to whether the 

25 STITCHES technology obviates the need to deVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
497 

•S 4049 RS

1 velop, impose, and maintain strict adherence to 

2 common communication and interface stand3 ards for Department of Defense systems; 

4 (D) the appropriate roles and responsibil5 ities of the Department of Defense Chief Infor6 mation Officer, the Under Secretary of Defense 

7 for Acquisition and Sustainment, the geo8 graphic combatant commands, the military 

9 services, the Defense Advanced Research 

10 Projects Agency, and the defense industrial 

11 base in using and maintaining the STITCHES 

12 technology to generate diverse and 

13 recomposable kill chains as part of the Joint 

14 All-Domain Command and Control architecture; 

15 and 

16 (E) coordination with the program man17 ager for the Time Sensitive Targeting Defeat 

18 program under the Under Secretary of Defense 

19 for Research and Engineering and the Under 

20 Secretary of Defense for Intelligence. 

21 (2) CHIEF INFORMATION OFFICER ASSESS22 MENT.—The Department of Defense Chief Informa23 tion Officer shall assess the technologies developed 

24 under the Defense Advanced Research Projects 

25 Agency’s System of Systems Integration Technology 


pbinns on DSKJLVW7X2PROD with BILLS
498 

•S 4049 RS

1 and Experimentation program, including the 

2 STITCHES interface field transform technology, 

3 and their applicability to the Department’s business 

4 systems and cybersecurity tools. This assessment 

5 shall include— 

6 (A) at least two demonstrations of the use 

7 of the STITCHES technology in enabling com8 munication between business systems; 

9 (B) in coordination with the Cross Func10 tional Team under the Principal Cyber Adviser 

11 and the Integrated Adaptive Cyber Defense 

12 program office of the National Security Agency, 

13 at least two demonstrations of the use of the 

14 STITCHES technology in enabling communica15 tion between and orchestration of previously in16 compatible cybersecurity tools; and 

17 (C) an evaluation as to how the STITCH18 ES technology could be used in concert with or 

19 instead of existing cybersecurity standards, 

20 frameworks, and technologies designed to en21 able communication across cybersecurity tools. 

22 (3) SUSTAINMENT OF STITCHES ENGINEERING

23 RESOURCES AND CAPABILITIES DEVELOPED BY

24 DARPA.—To conduct the demonstrations and assess25 ments required under this subsection and to execute 


pbinns on DSKJLVW7X2PROD with BILLS
499 

•S 4049 RS

1 the Joint All Domain Command and Control pro2 gram, the Joint All Domain Command and Control 

3 program office shall sustain the STITCHES engi4 neering resources and capabilities developed by the 

5 Defense Advanced Research Projects Agency. 

6 (e) TRANSFER OF RESPONSIBILITY FOR STITCH7 ES.—One year after the date of enactment of this Act, 

8 the Secretary of Defense may transfer responsibility for 

9 maintaining the STITCHES engineering capabilities to a 

10 different organization. 

11 (f) DEFINITIONS.—In this section: 

12 (1) DESIRED MODULARITY.—The term ‘‘desired 

13 modularity’’ means the desired degree to which sys14 tems, major constitutive subsystems and components 

15 within a system, and major subsystems and compo16 nents across subsystems can function as modules 

17 that can communicate across component boundaries 

18 and through interfaces and can be separated and re19 combined to achieve various effects, missions, or ca20 pabilities. 

21 (2) MACHINE-READABLE FORMAT.—The term 

22 ‘‘machine-readable format’’ means a format that can 

23 be easily processed by a computer without human 

24 intervention. 


pbinns on DSKJLVW7X2PROD with BILLS
500 

•S 4049 RS

1 SEC. 862. SUSTAINMENT REVIEWS. 

2 (a) ANNUAL SUSTAINMENT REVIEWS.—Section 

3 2441(a) of title 10, United States Code, is amended by 

4 inserting ‘‘annually thereafter’’ before ‘‘throughout the life 

5 cycle of the weapon system’’. 

6 (b) SUBMISSION TO CONGRESS OF SUSTAINMENT

7 REVIEWS.—Section 2441 of title 10, United States Code, 

8 is amended by adding at the end the following new sub9 section: 

10 ‘‘(d) SUBMISSION TO CONGRESS OF SUSTAINMENT

11 REVIEWS.—(1) The Secretary of each military department 

12 shall submit no fewer than ten sustainment reviews re13 quired by this section to the congressional defense commit14 tees annually. The Secretary of each military department 

15 shall select the ten reviews from among the systems with 

16 the highest independent cost estimates for the remainder 

17 of the life cycle of the program. 

18 ‘‘(2) The Secretary shall submit the reviews required 

19 under paragraph (1) to the congressional defense commit20 tees annually not later than 30 days after submission of 

21 the President’s annual budget request to Congress under 

22 section 1105 of title 31. The sustainment reviews shall be 

23 posted on a publicly available website maintained by the 

24 Director of the Cost Assessment and Program Evaluation 

25 office and, for those systems with operating and support 

26 cost growth, shall include comments from the military deVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
501 

•S 4049 RS

1 partments regarding actions being taken to reduce the op2 erating and support costs. The reviews may include classi3 fied appendices, as appropriate.’’. 

4 (c) COMPTROLLER GENERAL STUDY.—Not later 

5 than 180 days after the Secretaries of the military depart6 ments post the initial sustainment reviews required under 

7 paragraph (1) of subsection (d) of section 2441 of title 

8 10, United States Code (as added by subsection (b) of this 

9 section) on a publicly available website as required under 

10 paragraph (2) of such subsection (d), the Comptroller 

11 General of the United States shall assess steps the mili12 tary departments are taking to quantify and address oper13 ating and support cost growth. The assessment shall in14 clude— 

15 (1) an evaluation of— 

16 (A) the causes of operating and support 

17 cost growth for selected systems covered by the 

18 sustainment reviews, as well as any other sys19 tems the Comptroller General determines ap20 propriate; 

21 (B) the extent to which the Department 

22 has mitigated operating and support cost 

23 growth of these systems; and 


pbinns on DSKJLVW7X2PROD with BILLS
502 

•S 4049 RS

1 (C) any other issues related to potential 

2 operating and support cost growth the Comp3 troller General determines appropriate; and 

4 (2) any recommendations of the Comptroller 

5 General, including steps the military departments 

6 could take to reduce operating and support cost 

7 growth for fielded weapon systems, as well as lessons 

8 learned to be incorporated in future weapon system 

9 acquisitions. 

10 SEC. 863. RECOMMENDATIONS FOR FUTURE DIRECT SE11 LECTIONS. 

12 The Secretary of each military department shall pro13 vide to the congressional defense committees in the future14 years defense program submitted under section 221 of 

15 title 10, United States Code, for fiscal year 2022 a list 

16 of at least one acquisition program for which it would be 

17 appropriate to have a large number of users provide direct 

18 assessment of the outcome of a competitive contract 

19 award. 

20 SEC. 864. DISCLOSURES FOR CERTAIN SHIPBUILDING 

21 MAJOR DEFENSE ACQUISITION PROGRAM OF22 FERS. 

23 (a) IN GENERAL.—Chapter 137 of title 10, United 

24 States Code, is amended by adding at the end the fol25 lowing new section: 


pbinns on DSKJLVW7X2PROD with BILLS
503 

•S 4049 RS

1 ‘‘§ 2339c. Disclosures for certain shipbuilding major 

2 defense acquisition program offers 

3 ‘‘(a) GENERAL.—Any covered offeror seeking to be 

4 awarded a shipbuilding construction contract as part of 

5 a major defense acquisition program with funds from the 

6 Shipbuilding and Conversion, Navy account shall disclose 

7 with its offer and any subsequent offer revisions, including 

8 the final proposal revision offer, whether any part of the 

9 offeror’s planned contract performance will or is expected 

10 to include foreign government subsidized performance, fi11 nancing, financial guarantees, or tax concessions. 

12 ‘‘(b) DISCLOSURE.—An offeror shall make a disclo13 sure required under subsection (a) in a format prescribed 

14 by the Secretary of the Navy and shall include therein a 

15 specific description of the extent to which the offeror’s 

16 planned contract performance will include, with or without 

17 contingencies, any foreign government subsidized perform18 ance, financing, financial guarantees, or tax concessions. 

19 ‘‘(c) CONGRESSIONAL NOTIFICATION.—Not later 

20 than 5 days after awarding a contract described under 

21 subsection (a) to an offeror that made a disclosure under 

22 subsection (b), the Secretary of the Navy shall notify the 

23 congressional defense committees and summarize such dis24 closure. 

25 ‘‘(d) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with BILLS
504 

•S 4049 RS

1 ‘‘(1) COVERED OFFEROR.—The term ‘covered 

2 offeror’ means any offeror that currently requires or 

3 may reasonably be expected to require during the 

4 period of contract performance a method to mitigate 

5 or negate foreign ownership under subsection (f)(6) 

6 of part 2004.34 of title 32, Code of Federal Regula7 tions. 

8 ‘‘(2) FOREIGN GOVERNMENT SUBSIDIZED PER9 FORMANCE.—The term ‘foreign government sub10 sidized performance’ means any financial support, 

11 materiel, services, or guarantees of support, services, 

12 supply, performance, or intellectual property conces13 sions, that may be provided to or for the offeror or 

14 the offeror’s Department of Defense customer by a 

15 foreign government or entity effectively owned or 

16 controlled by a foreign government, which may have 

17 the effect of supplementing, supplying, servicing, or 

18 reducing the cost or price of an end item, or sup19 porting, financing in whole or in part, or guaran20 teeing contract performance by the offeror. 

21 ‘‘(3) MAJOR DEFENSE ACQUISITION PRO22 GRAM.—The term ‘major defense acquisition pro23 gram’ has the meaning given the term in section 

24 2430 of this title.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
505 

•S 4049 RS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 137 of title 10, United States 

3 Code, is amended by inserting after the item relating to 

4 section 2339b the following new item: 

‘‘2339c. Disclosures for certain shipbuilding major defense acquisition program 

offers.’’. 

5 Subtitle E—Small Business Matters 

6 SEC. 871. PROMPT PAYMENT OF CONTRACTORS. 

7 Section 2307(a)(2) of title 10, United States Code, 

8 is amended— 

9 (1) in subparagraph (A), by striking ‘‘if a spe10 cific payment date is not established by contract’’; 

11 and 

12 (2) in subparagraph (B), by striking ‘‘if—’’ and 

13 all that follows through ‘‘the prime contractor 

14 agrees’’ in clause (ii) and inserting ‘‘if the prime 

15 contractor agrees or proposes’’. 

16 SEC. 872. EXTENSION OF PILOT PROGRAM FOR STREAM17 LINED AWARDS FOR INNOVATIVE TECH18 NOLOGY PROGRAMS. 

19 Section 873(f) of the National Defense Authorization 

20 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 

21 2306a) is amended by striking ‘‘2020’’ and inserting 

22 ‘‘2023’’. 


pbinns on DSKJLVW7X2PROD with BILLS
506 

•S 4049 RS

1 Subtitle F—Provisions Related to 

2 Software-Driven Capabilities 

3 SEC. 881. INCLUSION OF SOFTWARE IN GOVERNMENT PER4 FORMANCE OF ACQUISITION FUNCTIONS. 

5 (a) INCLUSION OF SOFTWARE.—Section 1706(a) of 

6 title 10, United States Code, is amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(14) Program lead software.’’. 

9 (b) TECHNICAL AMENDMENTS.—Section 1706 of 

10 such title is further amended— 

11 (1) in subsection (a), by striking ‘‘for each 

12 major defense acquisition program and each major 

13 automated information system program’’ and insert14 ing ‘‘for each acquisition program’’; and 

15 (2) by striking subsection (c). 

16 SEC. 882. BALANCING SECURITY AND INNOVATION IN SOFT17 WARE DEVELOPMENT AND ACQUISITION. 

18 (a) REQUIREMENTS FOR SOLICITATIONS OF COM19 MERCIAL AND DEVELOPMENTAL SOLUTIONS.—The Under 

20 Secretary of Defense for Acquisition and Sustainment, in 

21 coordination with the Chief Information Officer of the De22 partment of Defense, shall develop requirements for inclu23 sion in solicitations for both commercial and develop24 mental solutions, and for the evaluation of bids, of appro25 priate software security criteria, including— 


pbinns on DSKJLVW7X2PROD with BILLS
507 

•S 4049 RS

1 (1) delineation of what processes were or will be 

2 used for a secure software development lifecycle, in3 cluding management of supply chain and third-party 

4 software sources and component risks; and 

5 (2) an associated vulnerability management 

6 plan or tools. 

7 (b) SECURITY REVIEW OF CODE.—The Under Sec8 retary of Defense for Acquisition and Sustainment, in co9 ordination with the Chief Information Officer of the De10 partment of Defense, shall develop processes for security 

11 review of code for the purpose of publication and other 

12 procedures necessary to fully implement the pilot program 

13 required under section 875 of the National Defense Au14 thorization Act for Fiscal Year 2018 (Public Law 115– 

15 91; 10 U.S.C. 2223 note). 

16 (c) COORDINATION WITH SOFTWARE ACQUISITION

17 PATHWAY EFFORTS.—The requirements and procedures 

18 required under subsections (a) and (b) shall be developed 

19 in conjunction with the Department of Defense’s efforts 

20 to incorporate input and finalize the procedures described 

21 in the Interim Procedures for Operation of the Software 

22 Acquisition Pathway. 


pbinns on DSKJLVW7X2PROD with BILLS
508 

•S 4049 RS

1 SEC. 883. COMPTROLLER GENERAL REPORT ON INTELLEC2 TUAL PROPERTY ACQUISITION AND LICENS3 ING. 

4 (a) IN GENERAL.—Not later than October 1, 2021, 

5 the Comptroller General of the United States shall submit 

6 to the congressional defense committees a report evalu7 ating the implementation of the Department of Defense’s 

8 Instruction on Intellectual Property Acquisition and Li9 censing (DODI 5010.44), established under section 2322 

10 of title 10, United States Code. 

11 (b) ELEMENTS.—The report required under sub12 section (a) shall assess the following: 

13 (1) The extent to which the Department of De14 fense is fulfilling the core principles established in 

15 DODI 5010.44. 

16 (2) The extent to which the Defense Acquisition 

17 University, Department of Defense components, and 

18 program offices are carrying out their responsibil19 ities under DODI 5010.44. 

20 (3) The progress of the Department in estab21 lishing an IP Cadre, including the extent to which 

22 such experts are executing their roles and respon23 sibilities. 

24 (4) The performance of the Department in as25 sessing and demonstrating the implementation of 


pbinns on DSKJLVW7X2PROD with BILLS
509 

•S 4049 RS

1 DODI 5010.44, including the effectiveness of the IP 

2 Cadre; 

3 (5) The effect implementation of DODI 

4 5010.44 has had on particular acquisitions; 

5 (6) Any other matters the Comptroller General 

6 determines appropriate. 

7 Subtitle G—Other Matters 

8 SEC. 891. SAFEGUARDING DEFENSE-SENSITIVE UNITED 

9 STATES INTELLECTUAL PROPERTY, TECH10 NOLOGY, AND OTHER DATA AND INFORMA11 TION. 

12 (a) IN GENERAL.—The Secretary of Defense shall es13 tablish, enforce, and track actions being taken to protect 

14 defense-sensitive United States intellectual property, tech15 nology, and other data and information, including hard16 ware and software, from acquisition by the Government 

17 of the People’s Republic of China. 

18 (b) LIST OF CRITICAL TECHNOLOGY.—The Secretary 

19 of Defense shall establish and maintain a list of critical 

20 national security technology. 

21 (c) RESTRICTIONS ON EMPLOYMENT OF DEFENSE

22 INDUSTRIAL BASE EMPLOYEES WITH CHINESE COMPA23 NIES.—The Secretary of Defense shall provide for mecha24 nisms to restrict employees or former employees of the de25 fense industrial base that contribute to the technology refVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
510 

•S 4049 RS

1 erenced in subsection (b) from working directly for compa2 nies wholly owned by, or under the direction of, the Gov3 ernment of the Peoples Republic of China. 

4 (d) REPORTS.— 

5 (1) DEPARTMENT OF DEFENSE REPORT.—Not 

6 later than May 1, 2021, the Secretary of Defense 

7 shall submit to the congressional defense committees 

8 a report on progress in implementing the measures 

9 described in subsections (a) through (c). 

10 (2) COMPTROLLER GENERAL REPORT.— Not 

11 later than December 1, 2021, the Comptroller Gen12 eral of the United States shall submit to the con13 gressional defense committees a report reviewing the 

14 report submitted under paragraph (1) and providing 

15 an assessment of the effectiveness of the measures 

16 implemented under this section. 

17 (3) FORM.—The reports required under this 

18 subsection shall be submitted in unclassified form 

19 but may contain classified annexes. 

20 SEC. 892. DOMESTIC COMPARATIVE TESTING ACTIVITIES. 

21 Section 2350a(g)(1)(A) of title 10, United States 

22 Code, is amended by inserting ‘‘and conventional defense 

23 equipment, munitions, and technologies manufactured and 

24 developed domestically’’ after ‘‘in subsection (a)(2)’’. 


pbinns on DSKJLVW7X2PROD with BILLS
511 

•S 4049 RS

1 SEC. 893. REPEAL OF APPRENTICESHIP PROGRAM. 

2 (a) IN GENERAL.—Section 2870 of title 10, United 

3 States Code, as added by section 865 of the National De4 fense Authorization Act for Fiscal Year 2020 (Public Law 

5 116–92), is repealed. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of subchapter III of chapter 

9 169 of title 10, United States Code, is amended by 

10 striking the item relating to section 2870. 

11 (2) OBSOLETE PROVISION.—Section 865 of the 

12 National Defense Authorization Act for Fiscal Year 

13 2020 (Public Law 116–92) is repealed. 

14 TITLE IX—DEPARTMENT OF DE15 FENSE ORGANIZATION AND 

16 MANAGEMENT 

17 Subtitle A—Office of the Secretary 

18 of Defense and Related Matters 

19 SEC. 901. ASSISTANT SECRETARY OF DEFENSE FOR SPE20 CIAL OPERATIONS AND LOW INTENSITY CON21 FLICT AND RELATED MATTERS. 

22 (a) IN GENERAL.— 

23 (1) CLARIFICATION OF CHAIN OF ADMINISTRA24 TIVE COMMAND.—Section 138(b)(2) of title 10, 

25 United States Code, is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
512 

•S 4049 RS

1 (A) by redesignating clauses (i), (ii), and 

2 (iii) of subparagraph (B) as subclauses (I), (II), 

3 and (III), respectively; 

4 (B) by redesignating subparagraphs (A) 

5 and (B) as clauses (i) and (ii), respectively; 

6 (C) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

7 (D) in clause (i) of subparagraph (A), as 

8 redesignated by this paragraph, by inserting be9 fore the period at the end the following: 

10 ‘‘through the administrative chain of command 

11 specified in section 167(f) of this title;’’ and 

12 (E) by adding at the end the following new 

13 subparagraph: 

14 ‘‘(B) In the discharge of the responsibilities specified 

15 in subparagraph (A)(i), the Assistant Secretary is imme16 diately subordinate to the Secretary of Defense and the 

17 Deputy Secretary of Defense. No officer below the Sec18 retary or the Deputy Secretary may intervene to exercise 

19 authority, direction, or control over the Assistant Sec20 retary in the discharge of such responsibilities.’’. 

21 (2) TECHNICAL AMENDMENT.—Subparagraph 

22 (A) of such section, as redesignated by paragraph 

23 (2), is further amended in the matter preceding 

24 clause (i), as so redesignated, by striking ‘‘section 

25 167(j)’’ and inserting ‘‘section 167(k)’’. 


pbinns on DSKJLVW7X2PROD with BILLS
513 

•S 4049 RS

1 (b) FULFILLMENT OF SPECIAL OPERATIONS RE2 SPONSIBILITIES.— 

3 (1) IN GENERAL.—Section 139b of title 10, 

4 United States Code, is amended to read as follows: 

5 ‘‘§ 139b. Secretariat for Special Operations; Special 

6 Operations Policy and Oversight Council 

7 ‘‘(a) SECRETARIAT FOR SPECIAL OPERATIONS.— 

8 ‘‘(1) IN GENERAL.—In order to fulfill the re9 sponsibilities of the Assistant Secretary of Defense 

10 for Special Operations and Low Intensity Conflict 

11 specified in section 138(b)(2)(A)(i) of this title, 

12 there shall be within the Office of the Assistant Sec13 retary of Defense for Special Operations and Low 

14 Intensity Conflict an office to be known as the ‘Sec15 retariat for Special Operations’. 

16 ‘‘(2) PURPOSE.—The purpose of the Secretariat 

17 is to assist the Assistant Secretary in exercising au18 thority, direction, and control with respect to the 

19 special operations-peculiar administration and sup20 port of the special operations command, including 

21 the readiness and organization of special operations 

22 forces, resources and equipment, and civilian per23 sonnel as specified in such section. 

24 ‘‘(3) DIRECTOR.—The Director of the Secre25 tariat for Special Operations shall be appointed by 


pbinns on DSKJLVW7X2PROD with BILLS
514 

•S 4049 RS

1 the Secretary of Defense from among individuals 

2 qualified to serve as the Director. The Director shall 

3 have a grade of Deputy Assistant Secretary of De4 fense. 

5 ‘‘(4) ADMINISTRATIVE CHAIN OF COMMAND.— 

6 For purposes of the support of the Secretariat for 

7 the Assistant Secretary in the fulfillment of the re8 sponsibilities referred to in paragraph (1), the ad9 ministrative chain of command is as specified in sec10 tion 167(f) of this title. No officer below the Sec11 retary of Defense or the Deputy Secretary of De12 fense (other than the Assistant Secretary) may in13 tervene to exercise authority, direction, or control 

14 over the Secretariat in its support of the Assistant 

15 Secretary in the discharge of such responsibilities. 

16 ‘‘(b) SPECIAL OPERATIONS POLICY AND OVERSIGHT

17 COUNCIL.— 

18 ‘‘(1) IN GENERAL.—In order to fulfill the re19 sponsibilities specified in section 138(b)(2)(A)(i) of 

20 this title, there shall also be within the Office of the 

21 Assistant Secretary of Defense for Special Oper22 ations and Low Intensity Conflict a team known as 

23 the ‘Special Operation Policy and Oversight Coun24 cil’. The team is lead by the Assistant Secretary of 


pbinns on DSKJLVW7X2PROD with BILLS
515 

•S 4049 RS

1 Defense for Special Operations and Low Intensity 

2 Conflict, or the Assistant Secretary’s designee.. 

3 ‘‘(2) PURPOSE.—The purpose of the Council is 

4 to integrate the functional activities of the head5 quarters of the Department of Defense in order to 

6 most efficiently and effectively provide for special 

7 operations forces and capabilities. In fulfilling this 

8 purpose, the Council shall develop and continuously 

9 improve policy, joint processes, and procedures that 

10 facilitate the development, acquisition, integration, 

11 employment, and sustainment of special operations 

12 forces and capabilities. 

13 ‘‘(3) MEMBERSHIP.—The Council shall include 

14 the following: 

15 ‘‘(A) The Assistant Secretary, who shall 

16 act as leader of the Council. 

17 ‘‘(B) Appropriate senior representatives of 

18 each of the following: 

19 ‘‘(i) The Under Secretary of Defense 

20 for Research and Engineering. 

21 ‘‘(ii) The Under Secretary of Defense 

22 for Management and Support. 

23 ‘‘(iii) The Under Secretary of Defense 

24 (Comptroller). 


pbinns on DSKJLVW7X2PROD with BILLS
516 

•S 4049 RS

1 ‘‘(iv) The Under Secretary of Defense 

2 for Personnel and Readiness. 

3 ‘‘(v) The Under Secretary of Defense 

4 for Intelligence. 

5 ‘‘(vi) The General Counsel of the De6 partment of Defense. 

7 ‘‘(vii) The other Assistant Secretaries 

8 of Defense under the Under Secretary of 

9 Defense for Policy. 

10 ‘‘(viii) The military departments. 

11 ‘‘(ix) The Joint Staff. 

12 ‘‘(x) The United States Special Oper13 ations Command. 

14 ‘‘(xi) Such other officials or Agencies, 

15 elements, or components of the Depart16 ment of Defense as the Secretary of De17 fense considers appropriate. 

18 ‘‘(4) OPERATION.—The Council shall operate 

19 continuously.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 4 of such title is 

22 amended by striking the item relating to section 

23 139b and inserting the following new item: 

‘‘139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
517 

•S 4049 RS

1 (c) DOD DIRECTIVE ON RESPONSIBILITIES OF ASD 

2 SOLIC.— 

3 (1) IN GENERAL.—Not later than 180 days 

4 after the date of the enactment of this Act, the Sec5 retary of Defense shall publish a Department of De6 fense directive establishing policy and procedures re7 lated to the exercise of authority, direction, and con8 trol of all special-operations peculiar administrative 

9 matters relating to the organization, training, and 

10 equipping of special operations forces by the Assist11 ant Secretary of Defense for Special Operations and 

12 Low Intensity Conflict as specified by section 

13 138(b)(2)(A)(i) of title 10, United States Code, as 

14 amended by subsection (a)(1). 

15 (2) MATTERS FOR INCLUDING.—The directive 

16 required by paragraph (1) shall include the fol17 lowing: 

18 (A) A specification of responsibilities for 

19 coordination on matters affecting the organiza20 tion, training, and equipping of special oper21 ations forces. 

22 (B) An identification and specification of 

23 updates to applicable documents and instruc24 tions of the Department of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
518 

•S 4049 RS

1 (C) Mechanisms to ensure the inclusion of 

2 the Assistant Secretary in all Departmental 

3 governance forums affecting the organization, 

4 training, and equipping of special operations 

5 forces. 

6 (D) Such other matters as the Secretary 

7 considers appropriate. 

8 (3) APPLICABILITY.— The directive required by 

9 paragraph (1) shall apply throughout the Depart10 ment of Defense to all components of the Depart11 ment of Defense. 

12 (4) LIMITATION ON AVAILABILITY OF CERTAIN

13 FUNDING PENDING PUBLICATION.—Of the amounts 

14 authorized to be appropriated by this Act for fiscal 

15 year 2021 for operation and maintenance, Defense16 wide, and available for the Office of the Secretary of 

17 Defense, not more than 75 percent may be obligated 

18 or expended until the date that is 15 days after the 

19 date on which the Secretary publishes the directive 

20 required by paragraph (1). 

21 SEC. 902. REDESIGNATION AND CODIFICATION IN LAW OF 

22 OFFICE OF ECONOMIC ADJUSTMENT. 

23 (a) REDESIGNATION.— 

24 (1) IN GENERAL.—The Office of Economic Ad25 justment in the Office of the Secretary of Defense 


pbinns on DSKJLVW7X2PROD with BILLS
519 

•S 4049 RS

1 is hereby redesignated as the ‘‘Office of Local De2 fense Community Cooperation’’. 

3 (2) REFERENCES.—Any reference in a law, 

4 map, regulation, document, paper, or other record of 

5 the United States to the office referred to in para6 graph (1) shall be deemed to be a reference to the 

7 ‘‘Office of Local Defense Community Cooperation’’. 

8 (b) CODIFICATION IN LAW.— 

9 (1) IN GENERAL.—Chapter 4 of title 10, United 

10 States Code, is amended by adding at the end the 

11 following new section: 

12 ‘‘§ 146. Office of Local Defense Community Coopera13 tion 

14 ‘‘(a) IN GENERAL.—There is an Office of Local De15 fense Community Cooperation in the Office of the Under 

16 Secretary of Defense for Acquisition and Sustainment. 

17 ‘‘(b) DIRECTOR.—The Office shall be headed by the 

18 Director of the Office of Local Defense Community Co19 operation, who shall be assigned to such position by the 

20 Under Secretary from among civilian employees of the De21 partment of Defense who are qualified to serve in the posi22 tion. 

23 ‘‘(c) FUNCTIONS.—Subject to the authority, direc24 tion, and control of the Under Secretary, the Office 

25 shall— 


pbinns on DSKJLVW7X2PROD with BILLS
520 

•S 4049 RS

1 ‘‘(1) in cooperation with the other components, 

2 of the Department of Defense be the primary office 

3 within the Department for the provision of assist4 ance to States, counties, municipalities, regions, and 

5 communities intended to— 

6 ‘‘(A) foster greater cooperation with mili7 tary installations in order to enhance the mili8 tary mission, achieve facility and infrastructure 

9 savings and reduced operating costs, address 

10 encroachment and compatible land use issues, 

11 support military families, and increase military, 

12 civilian, and industrial readiness and resiliency; 

13 and 

14 ‘‘(B) address impacts caused by changes in 

15 defense programs, including basing decisions, 

16 defense industry expansions or contractions, in17 creases or reductions in Federal civilian or con18 tractor personnel, and expansions, realign19 ments, and closures of military installations; 

20 ‘‘(2) provide support to the Economic Adjust21 ment Committee within the Executive Office of the 

22 President, or any successor interagency coordination 

23 body; and 

24 ‘‘(3) perform such other functions as the Sec25 retary of Defense may prescribe. 


pbinns on DSKJLVW7X2PROD with BILLS
521 

•S 4049 RS

1 ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later 

2 than June 1 each year, the Director of the Office of Local 

3 Defense Community Cooperation shall submit to the con4 gressional defense committees a report on the activities 

5 of the Office during the preceding year, including the as6 sistance provided pursuant to subsection (c)(1) during 

7 such year.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 4 of such title is 

10 amended by adding at the end the following new 

11 item: 

‘‘146. Office of Local Defense Community Cooperation.’’. 

12 SEC. 903. MODERNIZATION OF PROCESS USED BY THE DE13 PARTMENT OF DEFENSE TO IDENTIFY, TASK, 

14 AND MANAGE CONGRESSIONAL REPORTING 

15 REQUIREMENTS. 

16 (a) ANALYSIS REQUIRED.—The Assistant Secretary 

17 of Defense for Legislative Affairs shall conduct an analysis 

18 of the process used by the Department of Defense to iden19 tify reports to Congress required by annual national de20 fense authorization Acts, assign responsibility for prepara21 tion of such reports, and manage the completion and deliv22 ery of such reports to Congress for the purpose of identi23 fying mechanisms to optimize and otherwise modernize the 

24 process. 


pbinns on DSKJLVW7X2PROD with BILLS
522 

•S 4049 RS

1 (b) CONSULTATION.—The Assistant Secretary shall 

2 conduct the analysis required by subsection (a) with the 

3 assistance of and in consultation with the Chief Data Offi4 cer of the Department of Defense and the Director of the 

5 Defense Digital Service. 

6 (c) ELEMENTS.—The analysis required by subsection 

7 (a) shall include the following: 

8 (1) A business process reengineering of the 

9 process described in subsection (a). 

10 (2) An assessment of applicable commercially 

11 available analytics tools, technologies, and services in 

12 connection with such business process reengineering. 

13 (3) Such other actions as the Assistant Sec14 retary considers appropriate for purposes of the 

15 analysis. 

16 (d) BRIEFING.—Not later than November 15, 2020, 

17 the Assistant Secretary shall brief the congressional de18 fense committees on the results of the analysis required 

19 by subsection (a). The briefing shall address the following: 

20 (1) The results of the analysis and of the busi21 ness process reengineering described in subsection 

22 (c)(1). 

23 (2) A description of the actions being taken, 

24 and to be taken, to optimize and otherwise improve 

25 the process described in subsection (a). 


pbinns on DSKJLVW7X2PROD with BILLS
523 

•S 4049 RS

1 (3) Such recommendations for administrative 

2 and legislative action as the Assistant Secretary con3 siders appropriate to facilitate the optimization and 

4 improvement of the process described in subsection 

5 (a) as a result of the analysis and the business proc6 ess reengineering. 

7 (4) Such other matters as the Assistant Sec8 retary considers appropriate in connection with the 

9 analysis, the business process reengineering and the 

10 optimization and improvement of the process de11 scribed in subsection (a). 

12 SEC. 904. INCLUSION OF VICE CHIEF OF THE NATIONAL 

13 GUARD BUREAU AS AN ADVISOR TO THE 

14 JOINT REQUIREMENTS OVERSIGHT COUNCIL. 

15 Section 181(d)(3) of title 10, United States Code, is 

16 amended— 

17 (1) in the heading, by inserting ‘‘AND VICE

18 CHIEF OF THE NATIONAL GUARD BUREAU’’ after 

19 ‘‘OF STAFF’’; 

20 (2) by striking ‘‘of the Chiefs of Staff’’ and in21 serting ‘‘of— 

22 ‘‘(A) the Chiefs of Staff’’; 

23 (3) by striking the period at the end and insert24 ing ‘‘; and’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
524 

•S 4049 RS

1 (4) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B) the Vice Chief of the National Guard 

4 Bureau when matters involving non-Federalized 

5 National Guard capabilities in support of home6 land defense or civil support missions are under 

7 consideration by the Council.’’. 

8 SEC. 905. ASSIGNMENT OF RESPONSIBILITY FOR THE ARC9 TIC REGION WITHIN THE OFFICE OF THE 

10 SECRETARY OF DEFENSE. 

11 The Assistant Secretary of Defense for International 

12 Security Affairs shall assign responsibility for the Arctic 

13 region to the Deputy Assistant Secretary of Defense for 

14 the Western Hemisphere or any other Deputy Assistant 

15 Secretary of Defense the Secretary of Defense considers 

16 appropriate. 

17 Subtitle B—Department of Defense 

18 Management Reform 

19 SEC. 911. TERMINATION OF POSITION OF CHIEF MANAGE20 MENT OFFICER OF THE DEPARTMENT OF DE21 FENSE. 

22 (a) TERMINATION.— 

23 (1) IN GENERAL.—The position of Chief Man24 agement Officer of the Department of Defense is 

25 terminated, effective on the date specified by the 


pbinns on DSKJLVW7X2PROD with BILLS
525 

•S 4049 RS

1 Secretary of Defense, which date may not be later 

2 than September 30, 2022. 

3 (2) NOTICE.—The Secretary shall submit to the 

4 Committees on Armed Services of the Senate and 

5 the House of Representatives a notice on the effec6 tive date specified pursuant to paragraph (1). 

7 (b) CONFORMING REPEAL OF ESTABLISHING AU8 THORITY.— 

9 (1) IN GENERAL.—Section 132a of title 10, 

10 United States Code, is repealed. 

11 (2) TABLE OF SECTIONS.—The table of sections 

12 at the beginning of chapter 4 of such title is amend13 ed by striking the item relating to section 132a. 

14 (3) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall take effect on the effective 

16 date specified pursuant to subsection (a)(1). 

17 SEC. 912. REPORT ON ASSIGNMENT OF RESPONSIBILITIES, 

18 DUTIES, AND AUTHORITIES OF CHIEF MAN19 AGEMENT OFFICER TO OTHER OFFICERS OR 

20 EMPLOYEES OF THE DEPARTMENT OF DE21 FENSE. 

22 (a) REPORT.—Not later than 45 days before the ef23 fective date specified pursuant to section 911(a)(1), the 

24 Secretary of Defense shall submit to the Committees on 


pbinns on DSKJLVW7X2PROD with BILLS
526 

•S 4049 RS

1 Armed Services of the Senate and the House of Represent2 atives a report setting forth the following: 

3 (1) The position and title of each officer or em4 ployee of the Department of Defense, and the com5 ponent of such officer or employee, in whom the Sec6 retary will vest responsibility and authority to per7 form responsibilities and duties, and exercise au8 thorities, assigned to the Chief Management Officer 

9 of the Department of Defense, whether by statute or 

10 by directive, instruction, policy, or practice of the 

11 Department of Defense, on the termination of the 

12 position of Chief Management Officer under section 

13 911. 

14 (2) A description of the responsibilities, duties, 

15 and authorities, if any, assigned to the Chief Man16 agement Officer by statute that the Secretary rec17 ommends for discontinuation or modification, and a 

18 justification for such recommendation. 

19 (3) A description of the responsibilities, duties, 

20 and authorities, if any, assigned to the Chief Man21 agement Officer by directive, instruction, policy, or 

22 practice of the Department that the Secretary rec23 ommends for discontinuation or modification, and a 

24 justification for such recommendation. 


pbinns on DSKJLVW7X2PROD with BILLS
527 

•S 4049 RS

1 (4) A description of the general process and 

2 timeline for the effective transfer of each responsi3 bility, duty, and authority assigned to the Chief 

4 Management Officer by statute or by policy, instruc5 tion, or practice of the Department to the officer or 

6 employee in whom such responsibility, duty, and au7 thority will be vested as described in paragraph (1). 

8 (5) A description of the manner and timeline in 

9 which the resources of the Chief Management Offi10 cer, including funding and human capital, will be re11 aligned or repurposed to other organizations in the 

12 Office of the Secretary of Defense or to other com13 ponents of the Department. 

14 (6) A description of the general process and 

15 timeline for the assignment of responsibility of each 

16 issue under the jurisdiction of the Chief Manage17 ment Officer current identified by the Comptroller 

18 General of the United States as ‘‘high risk’’ to an 

19 officer or employee in the Department who is specifi20 cally charged by the Secretary to initiate and sustain 

21 progress toward resolution of such issue. 

22 (7) Such recommendations (including rec23 ommendations for legislative action) as the Secretary 

24 considers appropriate for additional authorities and 

25 resources (including funding and human capital reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
528 

•S 4049 RS

1 sources) necessary to ensure that each officer or em2 ployee, in whom the Secretary vests responsibility 

3 and authority as described in paragraph (1) is capa4 ble of exercising such responsibility and authority ef5 fectively. 

6 (8) Such other matters in connection with the 

7 termination of the position of Chief Management Of8 ficer, and the transition of the responsibilities, du9 ties, and authorities of the Chief Management Offi10 cer in connection with such termination, as the Sec11 retary considers appropriate. 

12 (b) VESTING OF CERTAIN RESPONSIBILITIES, DU13 TIES, AND AUTHORITIES IN PARTICULAR OFFICERS.—In 

14 setting forth matters under paragraph (1) of subsection 

15 (a), the report required by that subsection shall address, 

16 in particular, the following: 

17 (1) Vesting of responsibilities, duties, and au18 thorities of the Chief Management Officer in the 

19 Deputy Secretary of Defense in the Deputy Sec20 retary’s capacity as the Chief Operating Officer of 

21 the Department of Defense for purposes of functions 

22 specified in section 1123 of title 31, United States 

23 Code. 

24 (2) Vesting of responsibilities, duties, and au25 thorities of the Chief Management Officer in the 


pbinns on DSKJLVW7X2PROD with BILLS
529 

•S 4049 RS

1 Performance Improvement Officer of the Depart2 ment of Defense under section 142a of title 10, 

3 United States Code (as added by section 913 of this 

4 Act), for purposes of functions specified in section 

5 1124 of title 31, United States Code. 

6 (c) OTHER RESPONSIBILITIES, DUTIES AND AU7 THORITIES.—In addition to any other responsibilities, du8 ties, and authorities of the Chief Management Officer, the 

9 report required by subsection (a) shall specifically address 

10 responsibilities, duties, and authorities of the Chief Man11 agement Officer with respect to the following: 

12 (1) Establishment of policies for, and the direc13 tion and management of, enterprise business oper14 ations and shared business services of the Depart15 ment, as set forth in section 132a(b) of title 10, 

16 United States Code, and section 921(b) of the John 

17 S. McCain National Defense Authorization Act for 

18 Fiscal Year 2019 (10 U.S.C. 2222 note). 

19 (2) Exercise of authority, direction, and control 

20 over the Defense Agencies and Department of De21 fense Field Activities for shared business services 

22 and budget review, assessment, certification, and re23 porting, as set forth in subsections (b) and (c) of 

24 section 132a of title 10, United States Code, and 

25 section 192 of that title. 


pbinns on DSKJLVW7X2PROD with BILLS
530 

•S 4049 RS

1 (3) Minimization of duplication of efforts, maxi2 mization of efficiency and effectiveness, and estab3 lishment of metrics for performance among and for 

4 all components of the Department, as set forth in 

5 section 132a(b) of title 10, United States Code. 

6 (4) Issuance and maintenance of guidance on 

7 covered defense business systems, development and 

8 maintenance of the defense business enterprise ar9 chitecture, exercise of authorities and responsibilities 

10 with respect to common enterprise data, leadership 

11 of and matters within the Defense Business Council, 

12 and service as the appropriate approval official in 

13 the case of certain covered defense business systems 

14 and programs, as set forth in section 2222 of title 

15 10, United States Code. 

16 (5) The Financial Improvement and Audit Re17 mediation Plan, as set forth in section 240b of title 

18 10, United States Code. 

19 (6) Receipt of audit reports, as set forth in sec20 tion 240d of title 10, United States Code. 

21 (7) Discharge by the Department of the annual 

22 reviews required by section 11319 of title 40, United 

23 States Code. 

24 (8) Business transformation efforts of the de25 fense commissary system and the exchange stores 


pbinns on DSKJLVW7X2PROD with BILLS
531 

•S 4049 RS

1 system, as set forth in section 631 of the National 

2 Defense Authorization Act for Fiscal Year 2020 

3 (Public Law 116–92). 

4 (9) Analysis of Department business manage5 ment and operations datasets, as set forth in section 

6 922 of the John S. McCain National Defense Au7 thorization Act for Fiscal Year 2019 (10 U.S.C. 

8 2222 note). 

9 (10) Reviews, reports, and other actions re10 quired by sections 924, 925, 926, 927, and 1624 of 

11 the John S. McCain National Defense Authorization 

12 Act for Fiscal Year 2019, to the extent such reviews, 

13 reports, and actions have not been completed as of 

14 the date of the report under subsection (a). 

15 (11) Science and technology activities in sup16 port of business systems information technology ac17 quisition as set forth in section 217 of the National 

18 Defense Authorization Act for Fiscal Year 2016 (10 

19 U.S.C. 2445a note). 

20 (12) Relationships with the Chief Management 

21 Officers of the military departments, and the devel22 opment and update of a strategic management plan 

23 for the Department, as set forth in section 904 of 

24 the National Defense Authorization Act for Fiscal 


pbinns on DSKJLVW7X2PROD with BILLS
532 

•S 4049 RS

1 Year 2008 (Public Law 110–181) and the amend2 ments made by that section. 

3 SEC. 913. PERFORMANCE IMPROVEMENT OFFICER OF THE 

4 DEPARTMENT OF DEFENSE. 

5 (a) PERFORMANCE IMPROVEMENT OFFICER.— 

6 (1) IN GENERAL.—Chapter 4 of title 10, United 

7 States Code, is amended by inserting after section 

8 142 the following new section: 

9 ‘‘§ 142a. Performance Improvement Officer of the De10 partment of Defense 

11 ‘‘(a) There is an Performance Improvement Officer 

12 of the Department of Defense, who is designated as pro13 vided in section 1124(a)(1) of title 31. 

14 ‘‘(b) The Performance Improvement Officer shall— 

15 ‘‘(1) perform the duties and responsibilities, 

16 and exercise the powers set forth in section 1124 of 

17 title 31; and 

18 ‘‘(2) perform such additional duties and respon19 sibilities, and exercise such other powers, as the Sec20 retary of Defense and the Deputy Secretary of De21 fense may prescribe. 

22 ‘‘(c) Subject to the authority, direction, and control 

23 of the Secretary of Defense, the Performance Improve24 ment Officer reports, without intervening authority, di25 rectly to the Deputy Secretary of Defense, in the Deputy 


pbinns on DSKJLVW7X2PROD with BILLS
533 

•S 4049 RS

1 Secretary’s role as the Chief Operating Officer of the De2 partment of Defense under section 1123 of title 31. 

3 ‘‘(d) The Performance Improvement Officer may 

4 communicate views on matters within the responsibility of 

5 the Officer directly to the Deputy Secretary of Defense, 

6 without obtaining the approval or concurrence of any other 

7 officer in the Department of Defense.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tion at the beginning of chapter 4 of such title is 

10 amended by inserting after the item relating to sec11 tion 142 the following new item: 

‘‘142a. Performance Improvement Officer of the Department of Defense.’’. 

12 (b) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—The amendments made by 

14 subsection (a) shall take effect on such date as the 

15 Secretary of Defense shall specify for purposes of 

16 this section, which date may not be later than one 

17 day before the effective date specified by the Sec18 retary pursuant to section 911(a)(1). 

19 (2) NOTICE.—The Secretary shall submit to the 

20 Committees on Armed Services of the Senate and 

21 the House of Representatives a notice on the effec22 tive date specified pursuant to paragraph (1). 


pbinns on DSKJLVW7X2PROD with BILLS
534 

•S 4049 RS

1 SEC. 914. ASSIGNMENT OF CERTAIN RESPONSIBILITIES 

2 AND DUTIES TO PARTICULAR OFFICERS OF 

3 THE DEPARTMENT OF DEFENSE. 

4 (a) CERTAIN RESPONSIBILITIES AND DUTIES OF

5 DEPUTY SECRETARY OF DEFENSE.— 

6 (1) CHIEF OPERATING OFFICER OF THE DE7 PARTMENT OF DEFENSE.—Section 132 of title 10, 

8 United States Code, is amended— 

9 (A) by redesignating subsections (c), (d), 

10 and (e) as subsections (d), (e), and (f), respec11 tively; and 

12 (B) by inserting after subsection (b) the 

13 following new subsection (c): 

14 ‘‘(c)(1) In accordance with section 1123 of title 31, 

15 the Deputy Secretary performs the duties, has the respon16 sibilities, and exercises the powers of the Chief Operating 

17 Officer of the Department of Defense. 

18 ‘‘(2) Subject to the authority, direction, and control 

19 of the Secretary of Defense, the Deputy Secretary shall 

20 supervise the Performance Improvement Officer of the De21 partment of Defense in the Officer’s performance of duties 

22 and responsibilities specified in section 142a of this title.’’. 

23 (2) DESIGNATION OF PRIORITY DEFENSE BUSI24 NESS SYSTEMS.—Section 2222(h)(5)(B) of such title 

25 is amended by striking ‘‘the Chief Management Offi26 cer of the Department of Defense’’ and inserting 


pbinns on DSKJLVW7X2PROD with BILLS
535 

•S 4049 RS

1 ‘‘the Deputy Secretary of Defense, or such other of2 ficer of the Department of Defense as the Secretary 

3 or the Deputy Secretary may designate,’’. 

4 (b) PERIODIC REVIEWS OF DEFENSE AGENCIES AND

5 DEPARTMENT OF DEFENSE FIELD ACTIVITIES IN CON6 NECTION WITH BUSINESS ENTERPRISE REFORM.—Sec7 tion 192(c) of such title is amended— 

8 (1) by redesignating paragraph (3), as redesig9 nated by section 923(a)(1) of the John S. McCain 

10 National Defense Authorization Act for Fiscal Year 

11 2019 (Public Law 115–232; 132 Stat. 1930), as 

12 paragraph (4); 

13 (2) by redesignating paragraphs (1) and (2), as 

14 added by section 923(a)(2) of the John S. McCain 

15 National Defense Authorization Act for Fiscal Year 

16 2019, as paragraphs (2) and (3), respectively; 

17 (3) in paragraph (2), as redesignated by para18 graph (2) of this subsection— 

19 (A) in subparagraph (A), by striking ‘‘the 

20 Chief Management Officer of the Department 

21 of Defense’’ and inserting ‘‘the Secretary, the 

22 Deputy Secretary of Defense, or an officer of 

23 the Department of Defense designated by the 

24 Secretary or the Deputy Secretary’’; 


pbinns on DSKJLVW7X2PROD with BILLS
536 

•S 4049 RS

1 (B) in subparagraph (B), by striking ‘‘the 

2 Chief Management Officer’’ and inserting ‘‘the 

3 officer conducting such review’’; and 

4 (C) in subparagraph (C), by striking ‘‘the 

5 Chief Management Officer’’ and inserting ‘‘the 

6 Secretary’’; and 

7 (4) in paragraph (3), as so redesignated, by 

8 striking ‘‘the Chief Management Officer’’ each place 

9 it appears in subparagraphs (A) and (B) and insert10 ing ‘‘the officer conducting such review’’. 

11 (c) RESPONSIBILITY OF UNDER SECRETARY OF DE12 FENSE (COMPTROLLER) FOR FINANCIAL IMPROVEMENT

13 AND AUDIT REMEDIATION PLAN.—Subsection (a) of sec14 tion 240b of such title is amended to read as follows: 

15 ‘‘(a) IN GENERAL.—The Under Secretary of Defense 

16 (Comptroller) shall, together with such other officers and 

17 employees of the Department of Defense as the Secretary 

18 of Defense or the Deputy Secretary of Defense may des19 ignate, shall maintain a plan to be known as the ‘Financial 

20 Improvement and Audit Remediation Plan’.’’. 

21 (d) PERFORMANCE IMPROVEMENT OFFICER FUNC22 TIONS FOR DEFENSE BUSINESS SYSTEMS.—Section 2222 

23 of such title is amended— 

24 (1) in subsection (e)(6)(C), by inserting ‘‘and 

25 the Performance Improvement Officer of the DeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
537 

•S 4049 RS

1 partment of Defense’’ after ‘‘The Director of Cost 

2 Assessment and Program Evaluation’’; and 

3 (2) in subsection (f)(2)(B)— 

4 (A) by redesignating clauses (i) through 

5 (iii) as clauses (ii) through (iv), respectively; 

6 and 

7 (B) by inserting before clause (ii), as re8 designated by paragraph (1), the following new 

9 clause (i): 

10 ‘‘(i) The Performance Improvement 

11 Officer of the Department of Defense.’’. 

12 (e) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on the effective date specified 

14 in section 911(a)(1). 

15 SEC. 915. ASSIGNMENT OF RESPONSIBILITIES AND DUTIES 

16 OF CHIEF MANAGEMENT OFFICER TO OFFI17 CERS OR EMPLOYEES OF THE DEPARTMENT 

18 OF DEFENSE TO BE DESIGNATED. 

19 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

20 United States Code, is amended as follows: 

21 (1) In section 240d(d)(1)(A), by striking ‘‘the 

22 Chief Management Officer of the Department of De23 fense’’ and inserting ‘‘any other officer or employee 

24 of the Department of Defense that the Secretary of 


pbinns on DSKJLVW7X2PROD with BILLS
538 

•S 4049 RS

1 Defense or the Deputy Secretary of Defense may 

2 designate for purposes of this section’’. 

3 (2) Section 2222 is amended— 

4 (A) in subsection (c)(2)— 

5 (i) by striking ‘‘the Chief Management 

6 Officer of the Department of Defense,’’; 

7 and 

8 (ii) by striking ‘‘and the Chief Man9 agement Officer of each of the military de10 partments’’ and inserting ‘‘the Chief Man11 agement Officer of each of the military de12 partments, and other appropriate officers 

13 or employees of the Department and its 

14 components’’; 

15 (B) in subsection (e)— 

16 (i) in paragraph (1), by striking ‘‘the 

17 Chief Management Officer of the Depart18 ment of Defense’’ and inserting ‘‘such offi19 cers or employees of the Department of 

20 Defense as the Secretary shall designate’’; 

21 (ii) in paragraph (6)— 

22 (I) in subparagraph (A)— 

23 (aa) by striking ‘‘The Chief 

24 Management Officer of the De25 partment of Defense’’ and insertVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
539 

•S 4049 RS

1 ing ‘‘Such officers of the Depart2 ment of Defense as the Secretary 

3 shall designate’’; and 

4 (bb) by striking ‘‘the Chief 

5 Management Officer’’ and insert6 ing ‘‘such officers’’; and 

7 (II) in subparagraph (B), by 

8 striking ‘‘The Chief Management Offi9 cer and the Under Secretary of De10 fense (Comptroller)’’ and inserting 

11 ‘‘The Under Secretary of Defense 

12 (Comptroller) and such other officers 

13 of the Department as the Secretary 

14 shall designate’’; 

15 (C) in subsection (f)(1), by striking ‘‘the 

16 Chief Management Office and the Chief Infor17 mation Office of the Department of Defense’’ 

18 and inserting ‘‘the Chief Information Officer of 

19 the Department of Defense and such other offi20 cers or employees of the Department of Defense 

21 as the Secretary may designate’’; and 

22 (D) in subsection (g)(2), by striking ‘‘the 

23 Chief Management Officer of the Department 

24 of Defense’’ each place it appears in subpara25 graphs (A) and (B)(ii) and inserting ‘‘an officer 


pbinns on DSKJLVW7X2PROD with BILLS
540 

•S 4049 RS

1 or employee of the Department of Defense des2 ignated by the Secretary’’. 

3 (b) TITLE 40, UNITED STATES CODE.—Section 

4 11319(d)(4) of title 40, United States Code, is amended 

5 by striking ‘‘the Chief Management Officer of the Depart6 ment of Defense (of any successor to such Officer)’’ and 

7 inserting ‘‘the officer of the Department of Defense des8 ignated by the Secretary of Defense or the Deputy Sec9 retary of Defense for such purpose’’. 

10 (c) PUBLIC LAW 116–92.—Section 631(a) of the Na11 tional Defense Authorization Act for Fiscal Year 2020 

12 (Public Law 116–92) is amended by striking ‘‘the Chief 

13 Management Officer of the Department of Defense’’ and 

14 inserting ‘‘such officer of the Department of Defense as 

15 the Secretary of Defense or the Deputy Secretary of De16 fense may designate’’. 

17 (d) PUBLIC LAW 115–232.—The John S. McCain 

18 National Defense Authorization Act for Fiscal Year 2019 

19 (Public Law 115–232) is amended as follows: 

20 (1) In section 921(b)(1) (10 U.S.C. 2222 

21 note)— 

22 (A) in subparagraph (A), by striking ‘‘the 

23 Chief Management Officer of the Department 

24 of Defense’’ and inserting ‘‘such officer or em25 ployee of the Department of Defense as the 


pbinns on DSKJLVW7X2PROD with BILLS
541 

•S 4049 RS

1 Secretary of Defense or the Deputy Secretary 

2 of Defense shall designate’’; 

3 (B) in subparagraph (B)— 

4 (i) in the subparagraph heading, by 

5 striking ‘‘CMO’’; 

6 (ii) by striking ‘‘the Chief Manage7 ment Officer’’ the first place it appears 

8 and inserting ‘‘the Secretary shall, acting 

9 through such officer or employee of the 

10 Department as the Secretary or the Dep11 uty Secretary shall designate’’; and 

12 (iii) by striking ‘‘by the Chief Man13 agement Officer’’. 

14 (2) In section 922 (10 U.S.C. 2222 note)— 

15 (A) in subsection (a), by striking ‘‘The 

16 Chief Management Officer of the Department 

17 of Defense’’ and inserting ‘‘An officer or em18 ployee of the Department of Defense designated 

19 by the Secretary of Defense or the Deputy Sec20 retary of Defense’’; and 

21 (B) in subsection (b)— 

22 (i) in paragraph (1)— 

23 (I) in the matter preceding sub24 paragraph (A), by striking ‘‘The Chief 

25 Management Officer’’ and inserting 


pbinns on DSKJLVW7X2PROD with BILLS
542 

•S 4049 RS

1 ‘‘The officer or employee designated 

2 pursuant to subsection (a)’’; and 

3 (II) in subparagraph (B), by 

4 striking ‘‘The Chief Management Offi5 cer’’ and inserting ‘‘such officer or 

6 employee’’; and 

7 (ii) in paragraph (2), by striking ‘‘the 

8 Chief Management Officer shall take ap9 propriate actions’’ and inserting ‘‘all ap10 propriate actions shall be taken’’. 

11 (3) In section 924 (10 U.S.C. 191 note)— 

12 (A) in subsection (a), by striking ‘‘the 

13 Chief Management Officer of the Department 

14 of Defense’’ in the matter preceding paragraph 

15 (1) and inserting ‘‘such officer of the Depart16 ment of Defense as the Secretary or Defense or 

17 the Deputy Secretary of Defense shall des18 ignate’’; 

19 (B) in subsection (b)— 

20 (i) in the matter preceding paragraph 

21 (1), by striking ‘‘the Chief Management 

22 Officer’’ and inserting ‘‘the officer des23 ignated pursuant to subsection (a)’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
543 

•S 4049 RS

1 (ii) in subparagraph (B), by striking 

2 ‘‘the Chief Management Officer’’ and in3 serting ‘‘such officer’’; and 

4 (C) in subsection (c)— 

5 (i) by striking ‘‘the Chief Management 

6 Officer’’ the first place it appears and in7 serting ‘‘the officer designated pursuant to 

8 subsection (a)’’; and 

9 (ii) by striking ‘‘the Chief Manage10 ment Officer’’ the second place it appears 

11 and inserting ‘‘such officer’’. 

12 (4) In section 925(a) (132 Stat. 1932), by 

13 striking ‘‘the Chief Management Officer of the De14 partment of Defense’’ in the matter preceding para15 graph (1) and inserting ‘‘such officer of the Depart16 ment of Defense as the Secretary or Defense or the 

17 Deputy Secretary of Defense shall designate’’. 

18 (5) In section 926(a) (132 Stat. 1932), by 

19 striking ‘‘the Chief Management Officer of the De20 partment of Defense’’ in the matter preceding para21 graph (1) and inserting ‘‘such officer of the Depart22 ment of Defense as the Secretary or Defense or the 

23 Deputy Secretary of Defense shall designate’’. 

24 (6) In section 927 (132 Stat. 1933)— 


pbinns on DSKJLVW7X2PROD with BILLS
544 

•S 4049 RS

1 (A) in subsection (a), by striking ‘‘the 

2 Chief Management Officer of the Department 

3 of Defense’’ and inserting ‘‘such officer of the 

4 Department of Defense as the Secretary or De5 fense or the Deputy Secretary of Defense shall 

6 designate’’; and 

7 (B) in subsections (c) and (d), by striking 

8 ‘‘the Chief Management Officer’’ each place it 

9 appears and inserting ‘‘the officer designated 

10 pursuant to subsection (a)’’. 

11 (7) In section 1624(a) (10 U.S.C. 2222 note)— 

12 (A) in paragraph (1), by striking ‘‘the 

13 Chief Management Officer of the Department 

14 of Defense’’ and inserting ‘‘such officer of the 

15 Department of Defense as the Secretary or De16 fense or the Deputy Secretary of Defense shall 

17 designate’’; 

18 (B) by striking ‘‘the Chief Management 

19 Officer’’ each place it appears in paragraphs 

20 (2), (3), and (4) and inserting ‘‘the officer des21 ignated pursuant to paragraph (1)’’; and 

22 (C) by inserting ‘‘and Security’’ after ‘‘for 

23 Intelligence’’ each place it appears. 


pbinns on DSKJLVW7X2PROD with BILLS
545 

•S 4049 RS

1 (e) PUBLIC LAW 114–92.—The National Defense 

2 Authorization Act for Fiscal Year 2016 (Public Law 114– 

3 92) is amended as follows: 

4 (1) In section 217— 

5 (A) in subsection (a), by striking ‘‘the 

6 Deputy Chief Management Officer, and the 

7 Chief Information Officer’’ and inserting ‘‘the 

8 Chief Information Officer, and any other officer 

9 of the Department of Defense designated by the 

10 Secretary of Defense or the Deputy Secretary 

11 of Defense for such purpose’’; and 

12 (B) in subsections (b), (f)(1)(A)(ii), and 

13 (f)(2)(B), by striking ‘‘the Deputy Chief Man14 agement Officer’’ each place it appears and in15 serting ‘‘any officer designated pursuant to sub16 section (a)’’. 

17 (2) In section 881(a) (10 U.S.C. 2302 note), by 

18 striking ‘‘the Deputy Chief Management Officer,’’. 

19 (f) PUBLIC LAW 110–81.—Section 904 of the Na20 tional Defense Authorization Act for Fiscal Year 2008 

21 (Public Law 110–81; 122 Stat. 273)) is amended— 

22 (1) in subsection (b)(4), by striking ‘‘the Chief 

23 Management Officer and Deputy Chief Management 

24 Officer of the Department of Defense’’ and inserting 

25 ‘‘such officer of the Department of Defense as the 


pbinns on DSKJLVW7X2PROD with BILLS
546 

•S 4049 RS

1 Secretary of Defense or the Deputy Secretary of De2 fense shall designate’’; and 

3 (2) in subsection (d)— 

4 (A) in paragraph (1), by striking ‘‘the 

5 Chief Management Officer of the Department 

6 of Defense’’ and inserting ‘‘such officer of the 

7 Department of Defense as the Secretary of De8 fense or the Deputy Secretary of Defense may 

9 designate for purposes of this subsection’’; and 

10 (B) in paragraph (3), by striking ‘‘the 

11 Chief Management Officer’’ and inserting ‘‘the 

12 officer designated pursuant to paragraph (1)’’. 

13 (g) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the effective date specified 

15 in section 911(a)(1). 

16 SEC. 916. DEFINITION OF ENTERPRISE BUSINESS OPER17 ATIONS FOR TITLE 10, UNITED STATES CODE. 

18 Effective on the effective date specified in section 

19 911(a)(1) of this Act, section 101(e) of title 10, United 

20 States Code, is amended by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(9) ENTERPRISE BUSINESS OPERATIONS.— 

23 The term ‘enterprise business operations’— 

24 ‘‘(A) means activities that constitute cross25 cutting business operations used by multiple 


pbinns on DSKJLVW7X2PROD with BILLS
547 

•S 4049 RS

1 components of the Department of Defense, but 

2 excludes activities that are directly tied to a sin3 gle military department or Department of De4 fense component; and 

5 ‘‘(B) includes business-support functions 

6 designated by the Secretary of Defense or the 

7 Deputy Secretary of Defense, including aspects 

8 of financial management, healthcare, acquisi9 tion and procurement, supply chain and logis10 tics, certain information technology, real prop11 erty, and human resources operations.’’. 

12 SEC. 917. ANNUAL REPORT ON ENTERPRISE BUSINESS OP13 ERATIONS OF THE DEPARTMENT OF DE14 FENSE. 

15 (a) ANNUAL REPORT REQUIRED.—Not later than 

16 March 31 each year, the Secretary of Defense shall submit 

17 to Congress a report that includes the following: 

18 (1) Each proposed budget for the enterprise 

19 business operations of a Defense Agency or Depart20 ment of Defense Field Activity for the fiscal year be21 ginning in the year in which such report is sub22 mitted. 

23 (2) An identification of each proposed budget 

24 described in paragraph (1) that does not achieve reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
548 

•S 4049 RS

1 quired levels of efficiency and effectiveness for enter2 prise business operations. 

3 (3) A discussion of the actions that the Sec4 retary proposes to take, including recommendations 

5 for legislative action that the Secretary considers ap6 propriate, to address inadequate levels of efficiency 

7 and effectiveness for enterprise business operations 

8 achieved by the proposed budgets described in para9 graph (1). 

10 (4) Any additional comments that the Secretary 

11 considers appropriate regarding inadequate levels of 

12 efficiency and effectiveness for enterprise business 

13 operations achieved by the proposed budgets de14 scribed in paragraph (1). 

15 (b) SUBMITTAL.—The Secretary may submit a report 

16 required by subsection (a) through the Deputy Secretary 

17 of Defense. 

18 (c) ENTERPRISE BUSINESS OPERATIONS DE19 FINED.—In this section, the term ‘‘enterprise business op20 erations’’ has the meaning given that term in paragraph 

21 (9) of section 101(e) of title 10, United States Code (as 

22 added by section 916 of this Act). 

23 SEC. 918. CONFORMING AMENDMENTS. 

24 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

25 United States Code, is amended as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
549 

•S 4049 RS

1 (1) In section 131(b)— 

2 (A) by striking paragraph (2); 

3 (B) by redesignating paragraphs (3) 

4 through (9) as paragraphs (2) through (8), re5 spectively; and 

6 (C) in paragraph (7), as redesignated by 

7 subparagraph (B)— 

8 (i) by redesignating subparagraphs 

9 (A) through (F) as subparagraphs (B) 

10 through (G), respectively; and 

11 (ii) by inserting before subparagraph 

12 (B), as redesignated by clause (i), the fol13 lowing new subparagraph (A): 

14 ‘‘(A) The Performance Improvement Officer of 

15 the Department of Defense.’’. 

16 (2) In section 133a(c)— 

17 (A) in paragraph (1), by striking ‘‘, the 

18 Deputy Secretary of Defense, and the Chief 

19 Management Officer of the Department of De20 fense’’ and inserting ‘‘and the Deputy Secretary 

21 of Defense’’; and 

22 (B) in paragraph (2), by striking ‘‘the 

23 Chief Management Officer,’’. 

24 (3) In section 133b(c)— 


pbinns on DSKJLVW7X2PROD with BILLS
550 

•S 4049 RS

1 (A) in paragraph (1), by striking ‘‘the 

2 Chief Management Officer of the Department 

3 of Defense,’’; and 

4 (B) in paragraph (2), by striking ‘‘the 

5 Chief Management Officer,’’. 

6 (4) In section 137a(d), by striking ‘‘the Chief 

7 Management Officer of the Department of De8 fense,’’. 

9 (5) In section 138(d), by striking ‘‘the Chief 

10 Management Officer of the Department of De11 fense,’’. 

12 (6) In section 240b(b)(1)(C)(ii), by striking ‘‘, 

13 the Chief Management Officer,’’. 

14 (b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

15 of title 5, United States Code, is amended by striking the 

16 item relating to the Chief Management Officer of the De17 partment of Defense. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the effective date specified 

20 in section 911(a)(1). 


pbinns on DSKJLVW7X2PROD with BILLS
551 

•S 4049 RS

1 Subtitle C—Space Force Matters 

2 PART I—AMENDMENTS TO INTEGRATE THE 

3 SPACE FORCE INTO LAW 

4 SEC. 931. CLARIFICATION OF SPACE FORCE AND CHIEF OF 

5 SPACE OPERATIONS AUTHORITIES. 

6 (a) COMPOSITION OF SPACE FORCE.—Section 9081 

7 of title 10, United States Code, is amended by striking 

8 subsection (b) and inserting the following new subsection 

9 (b): 

10 ‘‘(b) COMPOSITION.—The Space Force consists of— 

11 ‘‘(1) the Regular Space Force; 

12 ‘‘(2) all persons appointed or enlisted in, or 

13 conscripted into, the Space Force, including those 

14 not assigned to units, necessary to form the basis 

15 for a complete and immediate mobilization for the 

16 national defense in the event of a national emer17 gency; and 

18 ‘‘(3) all Space Force units and other Space 

19 Force organizations, including installations and sup20 porting and auxiliary combat, training, administra21 tive, and logistic elements.’’. 

22 (b) FUNCTIONS.—Section 9081 of title 10, United 

23 States Code, is further amended— 

24 (1) by striking subsection (c) and inserting the 

25 following new subsection (c): 


pbinns on DSKJLVW7X2PROD with BILLS
552 

•S 4049 RS

1 ‘‘(c) FUNCTIONS.—The Space Force shall be orga2 nized, trained, and equipped to— 

3 ‘‘(1) provide freedom of operation for the 

4 United States in, from, and to space; 

5 ‘‘(2) conduct space operations; and 

6 ‘‘(3) protect the interests of the United States 

7 in space.’’; and 

8 (2) by striking subsection (d). 

9 (c) CLARIFICATION OF CHIEF OF SPACE OPER10 ATIONS AUTHORITIES.—Section 9082 of title 10, United 

11 States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by striking ‘‘general 

14 officers of the Air Force’’ and inserting ‘‘gen15 eral, flag, or equivalent officers of the Space 

16 Force’’; and 

17 (B) by adding at the end the following new 

18 paragraphs: 

19 ‘‘(3) The President may appoint an officer as Chief 

20 of Space Operations only if— 

21 ‘‘(A) the officer has had significant experience 

22 in joint duty assignments; and 

23 ‘‘(B) such experience includes at least one full 

24 tour of duty in a joint duty assignment (as defined 


pbinns on DSKJLVW7X2PROD with BILLS
553 

•S 4049 RS

1 in section 664(d) of this title) as a general, flag, or 

2 equivalent officer of the Space Force. 

3 ‘‘(4) The President may waive paragraph (3) in the 

4 case of an officer if the President determines such action 

5 is necessary in the national interest.’’; 

6 (2) in subsection (b), by striking ‘‘grade of gen7 eral’’ and inserting ‘‘grade in the Space Force equiv8 alent to the grade of general in the Army, Air Force, 

9 and Marine Corps, or admiral in the Navy’’; and 

10 (3) in subsection (d)— 

11 (A) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (B) by redesignating paragraph (5) as 

14 paragraph (6); and 

15 (C) by inserting after paragraph (4) the 

16 following new paragraph (5): 

17 ‘‘(5) perform duties prescribed for the Chief of 

18 Space Operations by sections 171 and 2547 of this 

19 title and other provision of law; and’’. 

20 (d) REPEAL OF OFFICER CAREER FIELD FOR

21 SPACE.—Section 9083 of title 10, United States Code, is 

22 repealed. 

23 (e) REGULAR SPACE FORCE.—Chapter 908 of title 

24 10, United States Code, as amended by subsection (d), 


pbinns on DSKJLVW7X2PROD with BILLS
554 

•S 4049 RS

1 is further amended by adding at the end the following new 

2 section 9083: 

3 ‘‘§ 9083. Regular Space Force: composition 

4 ‘‘(a) IN GENERAL.—The Regular Space Force is the 

5 component of the Space Force that consists of persons 

6 whose continuous service on active duty in both peace and 

7 war is contemplated by law, and of retired members of 

8 the Regular Space Force. 

9 ‘‘(b) COMPOSITION.—The Regular Space Force in10 cludes— 

11 ‘‘(1) the officers and enlisted members of the 

12 Regular Space Force; and 

13 ‘‘(2) the retired officers and enlisted members 

14 of the Regular Space Force.’’. 

15 (f) TABLE OF SECTIONS.—The table of sections at 

16 the beginning of chapter 908 of title 10, United States 

17 Code, is amended by striking the item relating to section 

18 9083 and inserting the following new item: 

‘‘9083. Regular Space Force: composition.’’. 

19 SEC. 932. AMENDMENTS TO DEPARTMENT OF THE AIR 

20 FORCE PROVISIONS IN TITLE 10, UNITED 

21 STATES CODE. 

22 (a) SUBTITLE.— 

23 (1) HEADING.—The heading of subtitle D of 

24 title 10, United States Code, is amended to read as 

25 follows: 


pbinns on DSKJLVW7X2PROD with BILLS
555 

•S 4049 RS

1 ‘‘Subtitle D—Air Force and Space 

2 Force’’. 

3 (2) TABLE OF SUBTITLES.—The table of sub4 titles at the beginning of such title is amended is 

5 amended by striking the item relating to subtitle D 

6 and inserting the following new item: 

‘‘D. Air Force and Space Force .................................................... 9011’’. 

7 (b) ORGANIZATION.— 

8 (1) SECRETARY OF THE AIR FORCE.—Section 

9 9013 of title 10, United States Code, is amended— 

10 (A) in subsection (f), by inserting ‘‘and of11 ficers of the Space Force’’ after ‘‘Officers of the 

12 Air Force’’; and 

13 (B) in subsection (g)(1), by inserting ‘‘, 

14 members of the Space Force,’’ after ‘‘members 

15 of the Air Force’’. 

16 (2) OFFICE OF THE SECRETARY OF THE AIR

17 FORCE.—Section 9014 of such title is amended— 

18 (A) in subsection (b), by striking para19 graph (4) and inserting the following new para20 graph (4) 

21 ‘‘(4) The Inspector General of the Department 

22 of the Air Force.’’; 

23 (B) in subsection (c)— 


pbinns on DSKJLVW7X2PROD with BILLS
556 

•S 4049 RS

1 (i) in paragraph (1), by striking ‘‘and 

2 the Air Staff’’ and inserting ‘‘, the Air 

3 Staff, and the Office of the Chief of Space 

4 Operations’’; 

5 (ii) in paragraph (2), by inserting ‘‘or 

6 the Office of the Chief of Space Oper7 ations’’ after ‘‘the Air Staff’’; 

8 (iii) in paragraph (3), by striking ‘‘to 

9 the Chief of Staff and to the Air Staff’’ 

10 and all that follows through the end and 

11 inserting ‘‘to the Chief of Staff of the Air 

12 Force and the Air Staff, and to the Chief 

13 of Space Operations and the Office of the 

14 Chief of Space Operations, and shall en15 sure that each such office or entity pro16 vides the Chief of Staff and Chief of Space 

17 Operations such staff support as the Chief 

18 concerned considers necessary to perform 

19 the Chief’s duties and responsibilities.’’; 

20 and 

21 (iv) in paragraph (4)— 

22 (I) by inserting ‘‘and the Office 

23 of the Chief of Space Operations’’ 

24 after ‘‘the Air Staff’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
557 

•S 4049 RS

1 (II) by inserting ‘‘and the Chief 

2 of Space Operations’’ after ‘‘Chief of 

3 Staff’’; 

4 (C) in subsection (d)— 

5 (i) in paragraph (1), by striking ‘‘and 

6 the Air Staff’’ and inserting ‘‘, the Air 

7 Staff, and the Office of the Chief of Space 

8 Operations’’; 

9 (ii) in paragraph (2), by inserting 

10 ‘‘and the Office of the Chief of Space Op11 erations’’ after ‘‘the Air Staff’’; and 

12 (iii) in paragraph (4), by striking ‘‘to 

13 the Chief of Staff of the Air Force and to 

14 the Air Staff’’ and all that follows through 

15 the end and inserting ‘‘to the Chief of 

16 Staff of the Air Force and the Air Staff, 

17 and to the Chief of Space Operations and 

18 the Office of the Chief of Space Oper19 ations, and shall ensure that each such of20 fice or entity provides the Chief of Staff 

21 and Chief of Space Operations such staff 

22 support as the Chief concerned considers 

23 necessary to perform the Chief’s duties 

24 and responsibilities.’’; and 

25 (D) in subsection (e)— 


pbinns on DSKJLVW7X2PROD with BILLS
558 

•S 4049 RS

1 (i) by striking ‘‘and the Air Staff’’ 

2 and inserting ‘‘, the Air Staff, and the Of3 fice of the Chief of Space Operations’’; and 

4 (ii) by striking ‘‘to the other’’ and in5 serting ‘‘to any of the others’’. 

6 (3) SECRETARY OF THE AIR FORCE: SUCCES7 SORS TO DUTIES.—Section 9017(4) of such title is 

8 amended by inserting before the period the fol9 lowing: ‘‘of the Air Force and the Chief of Space 

10 Operations, in the order prescribed by the Secretary 

11 of the Air Force and approved by the Secretary of 

12 Defense’’. 

13 (4) INSPECTOR GENERAL.—Section 9020 of 

14 such title is amended— 

15 (A) in subsection (a)— 

16 (i) by inserting ‘‘Department of the’’ 

17 after ‘‘Inspector General of the’’; and 

18 (ii) by inserting ‘‘or the general, flag, 

19 or equivalent officers of the Space Force’’ 

20 after ‘‘general officers of the Air Force’’; 

21 (B) in subsection (b)— 

22 (i) in the matter preceding paragraph 

23 (1), by striking ‘‘or the Chief of Staff’’ and 

24 inserting ‘‘, the Chief of Staff of the Air 

25 Force, or the Chief of Space Operations’’; 


pbinns on DSKJLVW7X2PROD with BILLS
559 

•S 4049 RS

1 (ii) in paragraph (1), by inserting 

2 ‘‘Department of the’’ before ‘‘Air Force’’; 

3 and 

4 (iii) in paragraph (2), by striking ‘‘or 

5 the Chief of Staff’’ and inserting ‘‘, the 

6 Chief of Staff, or the Chief of Space Oper7 ations’’ ; and 

8 (C) in subsection (e), by inserting ‘‘or the 

9 Space Force’’ before ‘‘for a tour of duty’’. 

10 (5) THE AIR STAFF: FUNCTION; COMPOSI11 TION.—Section 9031(b)(8) of such title is amended 

12 by inserting ‘‘or the Space Force’’ after ‘‘of the Air 

13 Force’’. 

14 (6) SURGEON GENERAL: APPOINTMENT; DU15 TIES.—Section 9036(b) of such title is amended— 

16 (A) in paragraph (1), by striking ‘‘Sec17 retary of the Air Force and the Chief of Staff 

18 of the Air Force on all health and medical mat19 ters of the Air Force’’ and inserting ‘‘Secretary 

20 of the Air Force, the Chief of Staff of the Air 

21 Force, and the Chief of Space Operations on all 

22 health and medical matters of the Air Force 

23 and the Space Force’’; and 

24 (B) in paragraph (2)— 


pbinns on DSKJLVW7X2PROD with BILLS
560 

•S 4049 RS

1 (i) by inserting ‘‘and the Space 

2 Force’’ after ‘‘of the Air Force’’ the first 

3 place it appears; and 

4 (ii) by inserting ‘‘and members of the 

5 Space Force’’ after ‘‘of the Air Force’’ the 

6 second place it appears. 

7 (7) JUDGE ADVOCATE GENERAL, DEPUTY

8 JUDGE ADVOCATE GENERAL: APPOINTMENT; DU9 TIES.—Section 9037 of such title is amended— 

10 (A) in subsection (e)(2)(B), by inserting 

11 ‘‘or the Space Force’’ after ‘‘of the Air Force’’; 

12 and 

13 (B) in subsection (f)(1), by striking ‘‘the 

14 Secretary of the Air Force or the Chief of Staff 

15 of the Air Force’’ and inserting ‘‘the Secretary 

16 of the Air Force, the Chief of Staff of the Air 

17 Force, or the Chief of Space Operations’’. 

18 (8) CHIEF OF CHAPLAINS: APPOINTMENT; DU19 TIES.—Section 9039(a) of such title is amended by 

20 striking ‘‘in the Air Force’’ and inserting ‘‘for the 

21 Air Force and the Space Force’’. 

22 (9) PROVISION OF CERTAIN PROFESSIONAL

23 FUNCTIONS FOR THE SPACE FORCE.—Section 9063 

24 of such title is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
561 

•S 4049 RS

1 (A) in subsections (a) through (i), by strik2 ing ‘‘in the Air Force’’ each place it appears 

3 and inserting ‘‘in the Air Force and the Space 

4 Force’’; and 

5 (B) in subsection (i), as amended by sub6 paragraph (A), by inserting ‘‘or the Space 

7 Force’’ after ‘‘members of the Air Force’’. 

8 (c) PERSONNEL.— 

9 (1) GENDER-FREE BASIS FOR ACCEPTANCE OF

10 ORIGINAL ENLISTMENTS.— 

11 (A) IN GENERAL.—Section 9132 of title 

12 10, United States Code, is amended by insert13 ing ‘‘or the Regular Space Force’’ after ‘‘Reg14 ular Air Force’’. 

15 (B) HEADING.—The heading of such sec16 tion 9132 is amended to read as follows: 

17 ‘‘§ 9132. Regular Air Force and Regular Space Force: 

18 gender-free basis for acceptance of origi19 nal enlistments’’. 

20 (C) TABLE OF SECTIONS.—The table of 

21 sections at the beginning of chapter 913 of such 

22 title is amended by striking the item relating to 

23 section 9132 and inserting the following new 

24 item: 

‘‘9132. Regular Air Force and Regular Space Force: gender-free basis for acceptance of original enlistments.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
562 

•S 4049 RS

1 (2) REENLISTMENT AFTER SERVICE AS AN OF2 FICER.— 

3 (A) IN GENERAL.—Section 9138 of such 

4 title is amended in subsection (a)— 

5 (i) by inserting ‘‘or the Regular Space 

6 Force’’ after ‘‘Regular Air Force’’ both 

7 places it appears; and 

8 (ii) by inserting ‘‘or the Space Force’’ 

9 after ‘‘officer of the Air Force’’ both places 

10 it appears. 

11 (B) HEADING.—The heading of such sec12 tion 9132 is amended to read as follows: 

13 ‘‘§ 9132. Regular Air Force and Regular Space Force: 

14 reenlistment after service as an officer’’. 

15 (C) TABLE OF SECTIONS.—The table of 

16 sections at the beginning of chapter 913 of such 

17 title, as amended by paragraph (1)(C), is fur18 ther by striking the item relating to section 

19 9138 and inserting the following new item: 

‘‘9138. Regular Air Force and Regular Space Force: reenlistment after service 

as an officer.’’. 

20 (3) APPOINTMENTS IN THE REGULAR AIR

21 FORCE AND REGULAR SPACE FORCE.— 

22 (A) IN GENERAL.—Section 9160 of such 

23 title is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
563 

•S 4049 RS

1 (i) by inserting ‘‘or the Regular Space 

2 Force’’ after ‘‘Regular Air Force’’; and 

3 (ii) by inserting ‘‘or the Space Force’’ 

4 before the period. 

5 (B) CHAPTER HEADING.—The heading of 

6 chapter 915 of such title is amended to read as 

7 follows: 

8 ‘‘CHAPTER 915—APPOINTMENTS IN THE 

9 REGULAR AIR FORCE AND THE REG10 ULAR SPACE FORCE’’. 

11 (C) TABLES OF CHAPTERS.—The table of 

12 chapters at the beginning of subtitle D of such 

13 title, and at the beginning of part II of subtitle 

14 D of such title, are each amended by striking 

15 the item relating to chapter 915 and inserting 

16 the following new item: 

‘‘915. Appointments in the Regular Air Force and the 

Regular Space Force ............................................ 9151’’. 

17 (4) RETIRED COMMISSIONED OFFICERS: STA18 TUS.—Section 9203 of such title is amended by in19 serting ‘‘or the Space Force’’ after ‘‘the Air Force’’. 

20 (5) DUTIES: CHAPLAINS; ASSISTANCE RE21 QUIRED OF COMMANDING OFFICERS.—Section 

22 9217(a) of such title is amended by inserting ‘‘or the 

23 Space Force’’ after ‘‘the Air Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
564 

•S 4049 RS

1 (6) RANK: COMMISSIONED OFFICERS SERVING

2 UNDER TEMPORARY APPOINTMENTS.—Section 9222 

3 of such title is amended by inserting ‘‘or the Space 

4 Force’’ after ‘‘the Air Force’’ both places it appears. 

5 (7) REQUIREMENT OF EXEMPLARY CONDUCT.— 

6 Section 9233 of such title is amended— 

7 (A) in the matter preceding paragraph (1), 

8 by inserting ‘‘and in the Space Force’’ after 

9 ‘‘the Air Force’’; and 

10 (B) in paragraphs (3) and (4), by inserting 

11 ‘‘or the Space Force, respectively’’ after ‘‘the 

12 Air Force’’. 

13 (8) ENLISTED MEMBERS: OFFICERS NOT TO

14 USE AS SERVANTS.—Section 9239 of such title is 

15 amended by inserting ‘‘or the Space Force’’ after 

16 ‘‘Air Force’’ both places it appears. 

17 (9) PRESENTATION OF UNITED STATES FLAG

18 UPON RETIREMENT.—Section 9251(a) of such title 

19 is amended by inserting ‘‘or the Space Force’’ after 

20 ‘‘member of the Air Force’’. 

21 (10) SERVICE CREDIT: REGULAR ENLISTED

22 MEMBERS; SERVICE AS AN OFFICER TO BE COUNTED

23 AS ENLISTED SERVICE.—Section 9252 of such title 

24 is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
565 

•S 4049 RS

1 (A) by inserting ‘‘or the Regular Space 

2 Force’’ after ‘‘Regular Air Force’’; and 

3 (B) by inserting ‘‘in the Space Force,’’ 

4 after ‘‘in the Air Force,’’. 

5 (11) WHEN SECRETARY MAY REQUIRE HOS6 PITALIZATION.—Section 9263 of such title is amend7 ed by inserting ‘‘or the Space Force’’ after ‘‘member 

8 of the Air Force’’. 

9 (12) DECORATIONS AND AWARDS.— 

10 (A) IN GENERAL.—Chapter 937 of such 

11 title is amended by inserting ‘‘or the Space 

12 Force’’ after ‘‘the Air Force’’ each place it ap13 pears in the following provisions: 

14 (i) Section 9271. 

15 (ii) Section 9272. 

16 (iii) Section 9273. 

17 (iv) Section 9276. 

18 (v) Section 9281 other than the first 

19 place it appears in subsection (a). 

20 (vi) Section 9286(a) other than the 

21 first place it appears. 

22 (B) MEDAL OF HONOR; AIR FORCE CROSS; 

23 DISTINGUISHED-SERVICE MEDAL: DELEGATION

24 OF POWER TO AWARD.—Section 9275 of such 

25 title is amended by inserting before the period 


pbinns on DSKJLVW7X2PROD with BILLS
566 

•S 4049 RS

1 at the end the following: ‘‘, or to an equivalent 

2 commander of a separate space force or higher 

3 unit in the field’’. 

4 (13) TWENTY YEARS OR MORE: REGULAR OR

5 RESERVE COMMISSIONED OFFICERS.—Section 

6 9311(a) of such title is amended by inserting ‘‘or the 

7 Space Force’’ after ‘‘officer of the Air Force’’. 

8 (14) TWENTY TO THIRTY YEARS: ENLISTED

9 MEMBERS.—Section 9314 of such title is amended 

10 by inserting ‘‘or the Space Force’’ after ‘‘member of 

11 the Air Force’’. 

12 (15) THIRTY YEARS OR MORE: REGULAR EN13 LISTED MEMBERS.—Section 9317 of such title is 

14 amended by inserting ‘‘or the Space Force’’ after 

15 ‘‘Air Force’’. 

16 (16) THIRTY YEARS OR MORE: REGULAR COM17 MISSIONED OFFICERS.—Section 9318 of such title is 

18 amended by inserting ‘‘or the Space Force’’ after 

19 ‘‘Air Force’’. 

20 (17) FORTY YEARS OR MORE: AIR FORCE OFFI21 CERS.— 

22 (A) IN GENERAL.—Section 9324 of such 

23 title is amended in subsections (a) and (b) by 

24 inserting ‘‘or the Space Force’’ after ‘‘Air 

25 Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
567 

•S 4049 RS

1 (B) HEADING.—The heading of such sec2 tion 9324 is amended to read as follows: 

3 ‘‘§ 9324. Forty years or more: Air Force officers and 

4 Space Force officers’’. 

5 (C) TABLE OF SECTIONS AMENDMENT.— 

6 The table of sections at the beginning of chap7 ter 941 of such title is amended by striking the 

8 item relating to section 9324 and inserting the 

9 following new item: 

‘‘9324. Forty years or more: Air Force officers and Space Force officers.’’. 

10 (18) COMPUTATION OF YEARS OF SERVICE: 

11 VOLUNTARY RETIREMENT; ENLISTED MEMBERS.— 

12 Section 9325(a) of such title is amended by insert13 ing ‘‘or the Space Force’’ after ‘‘Air Force’’. 

14 (19) COMPUTATION OF YEARS OF SERVICE: 

15 VOLUNTARY RETIREMENT; REGULAR AND RESERVE

16 COMMISSIONED OFFICERS.— 

17 (A) IN GENERAL.—Section 9326(a) of 

18 such title is amended— 

19 (i) in the matter preceding paragraph 

20 (1), by inserting ‘‘or the Space Force’’ 

21 after ‘‘of the Air Force’’; and 

22 (ii) in paragraph (1), by striking ‘‘or 

23 the Air Force’’ and inserting ‘‘, the Air 

24 Force, or the Space Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
568 

•S 4049 RS

1 (B) TECHNICAL AMENDMENTS.—Such sec2 tion 9326(a) is further amended by striking 

3 ‘‘his’’ each place it appears and inserting ‘‘the 

4 officer’s’’. 

5 (20) COMPUTATION OF RETIRED PAY: LAW AP6 PLICABLE.—Section 9329 of such title is amended 

7 by inserting ‘‘or the Space Force’’ after ‘‘Air 

8 Force’’. 

9 (21) RETIRED GRADE.— 

10 (A) HIGHER GRADE AFTER 30 YEARS OF

11 SERVICE: WARRANT OFFICERS AND ENLISTED

12 MEMBERS.—Section 9344 of such title is 

13 amended— 

14 (i) in subsection (a), by inserting ‘‘or 

15 the Space Force’’ after ‘‘member of the Air 

16 Force’’; and 

17 (ii) in subsection (b)— 

18 (I) in paragraphs (1) and (3), by 

19 inserting ‘‘or the Space Force’’ after 

20 ‘‘Air Force’’ each place it appears; 

21 and 

22 (II) in paragraph (2), by insert23 ing ‘‘or the Regular Space Force’’ 

24 after ‘‘Regular Air Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
569 

•S 4049 RS

1 (B) RESTORATION TO FORMER GRADE: RE2 TIRED WARRANT OFFICERS AND ENLISTED

3 MEMBERS.—Section 9345 of such title is 

4 amended by inserting ‘‘or the Space Force’’ 

5 after ‘‘member of the Air Force’’. 

6 (C) RETIRED LISTS.—Section 9346 of 

7 such title is amended— 

8 (i) in subsections (a) and (d), by in9 serting ‘‘or the Regular Space Force’’ after 

10 ‘‘Regular Air Force’’; 

11 (ii) in subsection (b)(1), by inserting 

12 before the semicolon the following: ‘‘, or 

13 for commissioned officers of the Space 

14 Force other than of the Regular Space 

15 Force’’; and 

16 (iii) in subsections (b)(2) and (c), by 

17 inserting ‘‘or the Space Force’’ after ‘‘Air 

18 Force’’. 

19 (22) RECOMPUTATION OF RETIRED PAY TO RE20 FLECT ADVANCEMENT ON RETIRED LIST.—Section 

21 9362(a) of such title is amended by inserting ‘‘or the 

22 Space Force’’ after ‘‘Air Force’’. 

23 (23) FATALITY REVIEWS.—Section 9381(a) of 

24 such title is amended in paragraphs (1), (2), and (3) 


pbinns on DSKJLVW7X2PROD with BILLS
570 

•S 4049 RS

1 by inserting ‘‘or the Space Force’’ after ‘‘Air 

2 Force’’. 

3 (d) TRAINING.— 

4 (1) MEMBERS OF AIR FORCE: DETAIL AS STU5 DENTS, OBSERVERS, AND INVESTIGATORS AT EDU6 CATIONAL INSTITUTIONS, INDUSTRIAL PLANTS, AND

7 HOSPITALS.— 

8 (A) IN GENERAL.—Section 9401 of title 

9 10, United States Code, is amended— 

10 (i) in subsection (a), by inserting 

11 ‘‘and members of the Space Force’’ after 

12 ‘‘members of the Air Force’’; 

13 (ii) in subsection (b), by inserting ‘‘or 

14 the Regular Space Force’’ after ‘‘Regular 

15 Air Force’’; 

16 (iii) in subsection (c),by inserting ‘‘or 

17 Reserve of the Space Force’’ after ‘‘Re18 serve of the Air Force’’; 

19 (iv) in subsection (e), by inserting ‘‘or 

20 the Space Force’’ after ‘‘Air Force’’; and 

21 (v) in subsection (f)— 

22 (I) by inserting ‘‘or the Regular 

23 Space Force’’ after ‘‘Regular Air 

24 Force’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
571 

•S 4049 RS

1 (II) by inserting ‘‘or the Space 

2 Force Reserve’’ after ‘‘the reserve 

3 components of the Air Force’’. 

4 (B) TECHNICAL AMENDMENTS.—Sub5 section (c) of such section 9401 is further 

6 amended— 

7 (i) by striking ‘‘his’’ and inserting 

8 ‘‘the Reserve’s’’; and 

9 (ii) by striking ‘‘he’’ and inserting 

10 ‘‘the Reserve’’, 

11 (C) HEADING.—The heading of such sec12 tion 9401 is amended to read as follows: 

13 ‘‘§ 9401. Members of Air Force and Space Force: de14 tail as students, observers and investiga15 tors at educational institutions, indus16 trial plants, and hospitals’’. 

17 (D) TABLE OF SECTIONS.—The table of 

18 sections at the beginning of chapter 951 of such 

19 title is amended by striking the item relating to 

20 section 9401 and inserting the following new 

21 item: 

‘‘9401. Members of Air Force and Space Force: detail as students, observers, 

and investigators at educational institutions, industrial plants, 

and hospitals.’’. 

22 (2) ENLISTED MEMBERS OF AIR FORCE: 

23 SCHOOLS.— 


pbinns on DSKJLVW7X2PROD with BILLS
572 

•S 4049 RS

1 (A) IN GENERAL.—Section 9402 of such 

2 title is amended— 

3 (i) in subsection (a)— 

4 (I) in the first sentence, by in5 serting ‘‘and enlisted members of the 

6 Space Force’’ after ‘‘members of the 

7 Air Force’’; and 

8 (II) in the third sentence, by in9 serting ‘‘and Space Force officers’’ 

10 after ‘‘Air Force officers’’; and 

11 (ii) in subsection (b), by inserting ‘‘or 

12 the Space Force’’ after ‘‘Air Force’’ each 

13 place it appears. 

14 (B) HEADING.—The heading of such sec15 tion 9402 is amended to read as follows: 

16 ‘‘§ 9402. Enlisted members Air Force or Space Force: 

17 schools’’. 

18 (C) TABLE OF SECTIONS.—The table of 

19 sections at the beginning of chapter 951 of such 

20 title is amended by striking the item relating to 

21 section 9402 and inserting the following new 

22 item: 

‘‘9402. Enlisted members of Air Force or Space Force: schools.’’. 

23 (3) SERVICE SCHOOLS: LEAVES OF ABSENCE

24 FOR INSTRUCTORS.—Section 9406 of such title is 


pbinns on DSKJLVW7X2PROD with BILLS
573 

•S 4049 RS

1 amended by inserting ‘‘or Space Force’’ after ‘‘Air 

2 Force’’. 

3 (4) DEGREE GRANTING AUTHORITY FOR

4 UNITED STATES AIR FORCE INSTITUTE OF TECH5 NOLOGY.—Section 9414(d)(1) of such title is 

6 amended by inserting ‘‘or the Space Force’’ after 

7 ‘‘needs of the Air Force’’. 

8 (5) UNITED STATES AIR FORCE INSTITUTE OF

9 TECHNOLOGY: ADMINISTRATION.—Section 

10 9414b(a)(2) is amended— 

11 (A) by inserting ‘‘or the Space Force’’ 

12 after ‘‘the Air Force’’ each place it appears; 

13 and 

14 (B) in subparagraph (B), by inserting ‘‘or 

15 the equivalent grade in the Space Force’’ after 

16 ‘‘brigadier general’’. 

17 (6) COMMUNITY COLLEGE OF THE AIR FORCE: 

18 ASSOCIATE DEGREES.—Section 9415 of such title is 

19 amended— 

20 (A) in subsection (a) in the matter pre21 ceding paragraph (1), by striking ‘‘in the Air 

22 Force’’ and inserting ‘‘in the Department of the 

23 Air Force’’; and 

24 (B) in subsection (b)— 


pbinns on DSKJLVW7X2PROD with BILLS
574 

•S 4049 RS

1 (i) in paragraph (1), by inserting ‘‘or 

2 the Space Force’’ after ‘‘Air Force’’; 

3 (ii) in paragraph (2), by striking 

4 ‘‘other than’’ and all that follows through 

5 the end and inserting ‘‘other than the Air 

6 Force or the Space Force who are serving 

7 as instructors at Department of the Air 

8 Force training schools.’’; and 

9 (iii) in paragraph (3), by inserting ‘‘or 

10 the Space Force’’ after ‘‘Air Force’’. 

11 (7) AIR FORCE ACADEMY ESTABLISHMENT; SU12 PERINTENDENT; FACULTY.—Section 9431(a) of such 

13 title is amended by striking ‘‘Air Force cadets’’ and 

14 inserting ‘‘cadets’’. 

15 (8) AIR FORCE ACADEMY SUPERINTENDENT; 

16 FACULTY: APPOINTMENT AND DETAIL.—Section 

17 9433(a) of such title is amended by inserting ‘‘or the 

18 Space Force’’ after ‘‘Air Force’’. 

19 (9) AIR FORCE ACADEMY PERMANENT PROFES20 SORS; DIRECTOR OF ADMISSIONS.— 

21 (A) IN GENERAL.—Section 9436 of such 

22 title is amended— 

23 (i) in subsection (a)— 

24 (I) in the first sentence, by in25 serting ‘‘in the Air Force or the equivVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
575 

•S 4049 RS

1 alent grade in the Space Force’’ after 

2 ‘‘colonel’’; 

3 (II) in the second sentence, by 

4 inserting ‘‘and a permanent professor 

5 appointed from the Regular Space 

6 Force has the grade equivalent to the 

7 grade of colonel in the Regular Air 

8 Force’’ after ‘‘grade of colonel’’; and 

9 (III) in the third sentence, by in10 serting ‘‘in the Air Force or the equiv11 alent grade in the Space Force’’ after 

12 ‘‘lieutenant colonel’’; and 

13 (ii) in subsection (b)— 

14 (I) in the first sentence, ‘‘in the 

15 Air Force or the equivalent grade in 

16 the Space Force’’ after ‘‘colonel’’ each 

17 place it appears; and 

18 (II) in the second sentence, by 

19 inserting ‘‘and a person appointed 

20 from the Regular Space Force has the 

21 grade equivalent to the grade of colo22 nel in the Regular Air Force’’ after 

23 ‘‘grade of colonel’’. 

24 (B) TECHNICAL AMENDMENTS.—Sub25 sections (a) and (b) of such section 9436 are 


pbinns on DSKJLVW7X2PROD with BILLS
576 

•S 4049 RS

1 further amended by striking ‘‘he’’ each place it 

2 appears and inserting ‘‘such person’’. 

3 (10) CADETS: APPOINTMENT; NUMBERS, TERRI4 TORIAL DISTRIBUTION.— 

5 (A) IN GENERAL.—Section 9442 of such 

6 title is amended— 

7 (i) by striking ‘‘Air Force Cadets’’ 

8 each place it appears and inserting ‘‘ca9 dets’’; and 

10 (ii) in subsection (b)(2), by inserting 

11 ‘‘or the Regular Space Force’’ after ‘‘Reg12 ular Air Force’’. 

13 (B) TECHNICAL AMENDMENT.—Subsection 

14 (b)(4) of such section 9442 is amended by 

15 striking ‘‘him’’ and inserting ‘‘the Secretary’’. 

16 (11) CADETS: AGREEMENT TO SERVE AS OFFI17 CER.—Section 9448(a) of such title is amended— 

18 (A) in paragraph (2)(A), by inserting ‘‘or 

19 the Regular Space Force’’ after ‘‘Regular Air 

20 Force’’; and 

21 (B) in paragraph (3)(A), by inserting be22 fore the semicolon the following: ‘‘or as a Re23 serve in the Space Force for service in the 

24 Space Force Reserve’’. 


pbinns on DSKJLVW7X2PROD with BILLS
577 

•S 4049 RS

1 (12) CADETS: ORGANIZATION; SERVICE; IN2 STRUCTION.—Section 9449 of such title is amended 

3 by striking subsection (d). 

4 (13) CADETS: HAZING.—Section 9452(c) of 

5 such title is amended— 

6 (A) by striking ‘‘an Air Force cadet’’ and 

7 inserting ‘‘a cadet’’; and 

8 (B) by striking ‘‘or Marine Corps’’ and in9 serting ‘‘Marine Corps, or Space Force’’. 

10 (14) CADETS: DEGREE AND COMMISSION ON

11 GRADUATION.—Section 9453(b) of such title is 

12 amended by inserting ‘‘or in the equivalent grade in 

13 the Regular Space Force’’ after ‘‘Regular Air 

14 Force’’. 

15 (15) SUPPORT OF ATHLETIC PROGRAMS.—Sec16 tion 9462(c)(2) of such title is amended by striking 

17 ‘‘personnel of the Air Force’’ and inserting ‘‘per18 sonnel of the Department of the Air Force’’. 

19 (16) SCHOOLS AND CAMPS: ESTABLISHMENT: 

20 PURPOSE.—Section 9481 of such title is amended— 

21 (A) by inserting ‘‘, the Space Force,’’ after 

22 ‘‘members of the Air Force,’’; and 

23 (B) by inserting ‘‘or the Space Force Re24 serve’’ after ‘‘the Air Force Reserve’’. 


pbinns on DSKJLVW7X2PROD with BILLS
578 

•S 4049 RS

1 (17) SCHOOLS AND CAMPS: OPERATION.—Sec2 tion 9482 of such title is amended— 

3 (A) in paragraph (4), by inserting ‘‘or the 

4 Regular Space Force’’ after ‘‘Regular Air 

5 Force’’; and 

6 (B) in paragraph (7), in the matter pre7 ceding subparagraph (A), by inserting ‘‘or 

8 Space Force’’ after ‘‘Air Force’’. 

9 (e) SERVICE, SUPPLY, AND PROCUREMENT.— 

10 (1) EQUIPMENT: BAKERIES, SCHOOLS, KITCH11 ENS, AND MESS HALLS.—Section 9536 of title 10, 

12 United States Code, is amended in the matter pre13 ceding paragraph (1) by inserting ‘‘or the Space 

14 Force’’ after ‘‘the Air Force’’. 

15 (2) RATIONS.—Section 9561 of such title is 

16 amended— 

17 (A) in subsection (a)— 

18 (i) in the first sentence, by inserting 

19 ‘‘and the Space Force ration’’ after ‘‘the 

20 Air Force ration’’; and 

21 (ii) in the second sentence, by insert22 ing ‘‘or the Space Force’’ after ‘‘the Air 

23 Force’’; and 

24 (B) in subsection (b), by inserting ‘‘or the 

25 Space Force’’ after ‘‘the Air Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
579 

•S 4049 RS

1 (3) CLOTHING.—Section 9562 of such title is 

2 amended by inserting ‘‘and members of the Space 

3 Force’’ after ‘‘the Air Force’’. 

4 (4) CLOTHING: REPLACEMENT WHEN DE5 STROYED TO PREVENT CONTAGION.—Section 9563 

6 of such title is amended by inserting ‘‘or the Space 

7 Force’’ after ‘‘member of the Air Force’’. 

8 (5) COLORS, STANDARDS, AND GUIDONS OF DE9 MOBILIZED ORGANIZATIONS: DISPOSITION.—Section 

10 9565 of such title is amended— 

11 (A) in subsection (a), in the matter pre12 ceding paragraph (1), by inserting ‘‘or the 

13 Space Force’’ after ‘‘organizations of the Air 

14 Force’’; and 

15 (B) in subsection (b), by inserting ‘‘or the 

16 Space Force’’ after ‘‘the Air Force’’. 

17 (6) UTILITIES: PROCEEDS FROM OVERSEAS OP18 ERATIONS.—Section 9591 of such title is amended 

19 by inserting ‘‘or the Space Force’’ after ‘‘the Air 

20 Force’’. 

21 (7) QUARTERS: HEAT AND LIGHT.—Section 

22 9593 of such title is amended by inserting ‘‘and 

23 members of the Space Force’’ after ‘‘the Air Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
580 

•S 4049 RS

1 (8) AIR FORCE MILITARY HISTORY INSTITUTE: 

2 FEE FOR PROVIDING HISTORICAL INFORMATION TO

3 THE PUBLIC.— 

4 (A) IN GENERAL.—Section 9594 of such 

5 title is amended— 

6 (i) in subsections (a) and (d), by in7 serting ‘‘Department of the’’ before ‘‘Air 

8 Force Military History’’ each place it ap9 pears; and 

10 (ii) in subsection (e)(1)— 

11 (I) by inserting ‘‘Department of 

12 the’’ before ‘‘Air Force Military His13 tory’’; and 

14 (II) by inserting ‘‘and the Space 

15 Force’’ after ‘‘materials of the Air 

16 Force’’. 

17 (B) HEADING.—The heading of such sec18 tion 9594 is amended to read as follows: 

19 ‘‘§ 9594. Department of the Air Force Military History 

20 Institute: fee for providing historical in21 formation to the public’’. 

22 (C) TABLE OF SECTIONS.—The table of 

23 sections at the beginning of chapter 967 of such 

24 title is amended by striking the item relating to 


pbinns on DSKJLVW7X2PROD with BILLS
581 

•S 4049 RS

1 section 9594 and inserting the following new 

2 item: 

‘‘9594. Department of the Air Force Military History Institute: fee for providing 

historical information to the public.’’. 

3 (9) SUBSISTENCE AND OTHER SUPPLIES: MEM4 BERS OF ARMED FORCES; VETERANS; EXECUTIVE OR

5 MILITARY DEPARTMENTS AND EMPLOYEES; 

6 PRICES.—Section 9621 of such title is amended— 

7 (A) in subsection (a)— 

8 (i) in paragraph (1), by inserting 

9 ‘‘and members of the Space Force’’ after 

10 ‘‘the Air Force’’; and 

11 (ii) in paragraph (2), by inserting 

12 ‘‘and officers of the Space Force’’ after 

13 ‘‘the Air Force’’; 

14 (B) in subsection (b), by inserting ‘‘or the 

15 Space Force’’ after ‘‘the Air Force’’; 

16 (C) in subsection (c), by inserting ‘‘or the 

17 Space Force’’ after ‘‘the Air Force’’; 

18 (D) in subsection (d), by striking ‘‘or Ma19 rine Corps’’ and inserting ‘‘Marine Corps, or 

20 Space Force’’; 

21 (E) in subsection (e)— 

22 (i) by inserting ‘‘or the Space Force’’ 

23 after ‘‘the Air Force’’ the first place it ap24 pears; and 


pbinns on DSKJLVW7X2PROD with BILLS
582 

•S 4049 RS

1 (ii) by inserting ‘‘or the Space Force, 

2 respectively’’ after ‘‘the Air Force’’ the sec3 ond place it appears; 

4 (F) in subsection (f), by inserting ‘‘or the 

5 Space Force’’ after ‘‘the Air Force’’; and 

6 (G) in subsection (h)— 

7 (i) by inserting ‘‘or the Space Force’’ 

8 after ‘‘the Air Force’’ the first place it ap9 pears; and 

10 (ii) by inserting ‘‘or members of the 

11 Space Force’’ after ‘‘members of the Air 

12 Force’’. 

13 (10) RATIONS: COMMISSIONED OFFICERS IN

14 FIELD.—Section 9622 of such title is amended by 

15 inserting ‘‘and commissioned officers of the Space 

16 Force’’ after ‘‘officers of the Air Force’’. 

17 (11) MEDICAL SUPPLIES: CIVILIAN EMPLOYEES

18 OF THE AIR FORCE.—Section 9624(a) of such title 

19 is amended— 

20 (A) by striking ‘‘air base’’ and inserting 

21 ‘‘Air Force or Space Force military installa22 tion’’; and 

23 (B) by striking ‘‘Air Force when’’ and in24 serting ‘‘Department of the Air Force when’’. 


pbinns on DSKJLVW7X2PROD with BILLS
583 

•S 4049 RS

1 (12) ORDNANCE PROPERTY: OFFICERS OF

2 ARMED FORCES; CIVILIAN EMPLOYEES OF AIR

3 FORCE.— 

4 (A) IN GENERAL.—Section 9625 of such 

5 title is amended— 

6 (i) in subsection (a), by inserting ‘‘or 

7 the Space Force’’ after ‘‘officers of the Air 

8 Force’’; and 

9 (ii) in subsection (b), by striking ‘‘the 

10 Air Force’’ and inserting ‘‘the Department 

11 of the Air Force’’. 

12 (B) HEADING.—The heading of such sec13 tion is amended to read as follows: 

14 ‘‘§ 9625. Ordnance property: officers of the armed 

15 forces; civilian employees of the Depart16 ment of the Air Force; American National 

17 Red Cross; educational institutions; 

18 homes for veterans’ orphans’’. 

19 (C) TABLE OF SECTIONS.—The table of 

20 sections at the beginning of chapter 969 of such 

21 title is amended by striking the item relating to 

22 section 9625 and inserting the following new 

23 item: 

‘‘9625. Ordnance property: officers of the armed forces; civilian employees of the 

Department of the Air Force; American National Red Cross; 

educational institutions; homes for veterans’ orphans.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
584 

•S 4049 RS

1 (13) SUPPLIES: EDUCATIONAL INSTITUTIONS.— 

2 Section 9627 of such title is amended— 

3 (A) by inserting ‘‘or the Space Force’’ 

4 after ‘‘for the Air Force’’; 

5 (B) by inserting ‘‘or the Space Force’’ 

6 after ‘‘officer of the Air Force’’; and 

7 (C) by striking ‘‘air science and tactics’’ 

8 and inserting ‘‘science and tactics’’. 

9 (14) SUPPLIES: MILITARY INSTRUCTION

10 CAMPS.—Section 9654 of such title is amended— 

11 (A) by inserting ‘‘or Space Force’’ after 

12 ‘‘an Air Force’’; and 

13 (B) by striking ‘‘air science and tactics’’ 

14 and inserting ‘‘science and tactics’’. 

15 (15) DISPOSITION OF EFFECTS OF DECEASED

16 PERSONS BY SUMMARY COURT-MARTIAL.—Section 

17 9712(a)(1) of such title is amended by inserting ‘‘or 

18 the Space Force’’ after ‘‘the Air Force’’. 

19 (16) ACCEPTANCE OF DONATIONS: LAND FOR

20 MOBILIZATION, TRAINING, SUPPLY BASE, OR AVIA21 TION FIELD.— 

22 (A) IN GENERAL.—Section 9771 of such 

23 title is amended in paragraph (2) by inserting 

24 ‘‘or space mission-related facility’’ after ‘‘avia25 tion field’’. 


pbinns on DSKJLVW7X2PROD with BILLS
585 

•S 4049 RS

1 (B) HEADING.—The heading of such sec2 tion 9771 is amended to read as follows: 

3 ‘‘§ 9771. Acceptance of donations: land for mobiliza4 tion, training, supply base, aviation field, 

5 or space mission-related facility’’. 

6 (C) TABLE OF SECTIONS.—The table of 

7 sections at the beginning of chapter 979 of such 

8 title is amended by striking the item relating to 

9 section 9771 and inserting the following new 

10 item: 

‘‘9771. Acceptance of donations: land for mobilization, training, supply base, 

aviation field, or space mission-related facility.’’. 

11 (17) ACQUISITION AND CONSTRUCTION: AIR

12 BASES AND DEPOTS.— 

13 (A) IN GENERAL.—Section 9773 of such 

14 title is amended— 

15 (i) in subsection (a)— 

16 (I) by striking ‘‘permanent air 

17 bases’’ and inserting ‘‘permanent Air 

18 Force and Space Force military in19 stallations’’; 

20 (II) by striking ‘‘existing air 

21 bases’’ and inserting ‘‘existing instal22 lations’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
586 

•S 4049 RS

1 (III) by inserting ‘‘or the Space 

2 Force’’ after ‘‘training of the Air 

3 Force’’; 

4 (ii) in subsections (b) and (c), by 

5 striking ‘‘air bases’’ each place it appears 

6 and inserting ‘‘installations’’; 

7 (iii) in subsection (b)(7), by inserting 

8 ‘‘or Space Force’’ after ‘‘Air Force’’; 

9 (iv) in subsection (c)— 

10 (I) in paragraph (1), by inserting 

11 ‘‘or Space Force’’ after ‘‘Air Force’’; 

12 and 

13 (II) in paragraphs (3) and (4), 

14 by inserting ‘‘or the Space Force’’ 

15 after ‘‘the Air Force’’ both places it 

16 appears; and 

17 (v) in subsection (f), by striking ‘‘air 

18 base’’ and inserting ‘‘installation’’. 

19 (B) HEADING.—The heading of such sec20 tion 9773 is amended to read as follows: 

21 ‘‘§ 9773. Acquisition and construction: installations 

22 and depots’’. 

23 (C) TABLE OF SECTIONS.—The table of 

24 sections at the beginning of chapter 979 of such 

25 title is amended by striking the item relating to 


pbinns on DSKJLVW7X2PROD with BILLS
587 

•S 4049 RS

1 section 9773 and inserting the following new 

2 item: 

‘‘9773. Acquisition and construction: installations and depots.’’. 

3 (18) EMERGENCY CONSTRUCTION: FORTIFICA4 TIONS.—Section 9776 of such title is amended by 

5 striking ‘‘air base’’ and inserting ‘‘installation’’. 

6 (19) USE OF PUBLIC PROPERTY.—Section 9779 

7 of such title is amended— 

8 (A) in subsection (a), by inserting ‘‘or the 

9 Space Force’’ after ‘‘economy of the Air 

10 Force’’; and 

11 (B) in subsection (b), by inserting ‘‘or the 

12 Space Force’’ after ‘‘support of the Air Force’’. 

13 (20) DISPOSITION OF REAL PROPERTY AT MIS14 SILE SITES.—Section 9781(a)(2) of such title is 

15 amended— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘Air Force’’ and inserting ‘‘De18 partment of the Air Force’’; 

19 (B) in subparagraph (A), by striking ‘‘Air 

20 Force’’ the first two places it appears and in21 serting ‘‘Department of the Air Force’’; and 

22 (C) in subparagraph (C), by striking ‘‘Air 

23 Force’’ and inserting ‘‘Department of the Air 

24 Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
588 

•S 4049 RS

1 (21) MAINTENANCE AND REPAIR OF REAL

2 PROPERTY.—Section 9782 of such title is amended 

3 in subsections (c) and (d) by inserting ‘‘or the Space 

4 Force’’ after ‘‘the Air Force’’ both places it appears. 

5 (22) SETTLEMENT OF ACCOUNTS: REMISSION

6 OR CANCELLATION OF INDEBTEDNESS OF MEM7 BERS.—Section 9837(a) of such title is amended by 

8 inserting ‘‘or the Space Force’’ after ‘‘member of the 

9 Air Force’’. 

10 (23) FINAL SETTLEMENT OF OFFICER’S AC11 COUNTS.— 

12 (A) IN GENERAL.—Section 9840 of such 

13 title is amended by inserting ‘‘or the Space 

14 Force’’ after ‘‘Air Force’’. 

15 (B) TECHNICAL AMENDMENTS.—Such sec16 tion 9840 is further amended— 

17 (i) by striking ‘‘he’’ each place it ap18 pears and inserting ‘‘the officer’’; and 

19 (ii) by striking ‘‘his’’ each place it ap20 pears and inserting ‘‘the officer’s’’. 

21 (24) PAYMENT OF SMALL AMOUNTS TO PUBLIC

22 CREDITORS.—Section 9841 of such title is amended 

23 by inserting ‘‘or Space Force’’ after ‘‘official of Air 

24 Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
589 

•S 4049 RS

1 (25) SETTLEMENT OF ACCOUNTS OF LINE OF2 FICERS.—Section 9842 of such title is amended by 

3 inserting ‘‘or the Space Force’’ after ‘‘Air Force’’. 

4 (f) SERVICE OF INCUMBENTS IN CERTAIN POSITIONS

5 WITHOUT REAPPOINTMENT.— 

6 (1) IN GENERAL.—The individual serving in a 

7 position under a provision of law specified in para8 graph (2) as of the date of the enactment of this Act 

9 may continue to serve in such position after that 

10 date without further appointment as otherwise pro11 vided by such provision of law, notwithstanding the 

12 amendment of such provision of law by subsection 

13 (b). 

14 (2) PROVISIONS OF LAW.—The provisions of 

15 law specified in this paragraph are the provisions of 

16 title 10, United States Code, as follows: 

17 (A) Section 9020, relating to the Inspector 

18 General of the Department of the Air Force. 

19 (B) Section 9036. relating to the Surgeon 

20 General of the Air Force. 

21 (C) Section 9037(a), relating to the Judge 

22 Advocate General of the Air Force. 

23 (D) Section 9037(d), relating to the Dep24 uty Judge Advocate General of the Air Force. 


pbinns on DSKJLVW7X2PROD with BILLS
590 

•S 4049 RS

1 (E) Section 9039, relating to the Chief of 

2 Chaplains for the Air Force and the Space 

3 Force. 

4 SEC. 933. AMENDMENTS TO OTHER PROVISIONS OF TITLE 

5 10, UNITED STATES CODE. 

6 (a) DEFINITIONS.—Section 101(b)(13) of title 10, 

7 United States Code, is amended in paragraph (13), by 

8 striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps, 

9 or Space Force’’. 

10 (b) OTHER PROVISIONS OF SUBTITLE A.— 

11 (1) SPACE FORCE I.—Subtitle A of title 10, 

12 United States Code, as amended by subsection (a), 

13 is further amended by striking ‘‘and Marine Corps’’ 

14 each place it appears and inserting ‘‘Marine Corps, 

15 and Space Force’’ in the following provisions: 

16 (A) Section 116(a)(1) in the matter pre17 ceding subparagraph (A). 

18 (B) Section 533(a)(2). 

19 (C) Section 646. 

20 (D) Section 661(a). 

21 (E) Section 712(a). 

22 (F) Section 717(c)(1). 

23 (G) Subsections (c) and (d) of section 741. 

24 (H) Section 743. 

25 (I) Section 1111(b)(4). 


pbinns on DSKJLVW7X2PROD with BILLS
591 

•S 4049 RS

1 (J) Subsections (a)(2)(A) and (c)(2)(A)(ii) 

2 of section 1143. 

3 (K) Section 1174(j). 

4 (L) Section 1463(a)(1). 

5 (M) Section 1566. 

6 (N) Section 2217(c)(2). 

7 (O) Section 2259(a). 

8 (P) Section 2640(j). 

9 (2) SPACE FORCE II.— 

10 (A) IN GENERAL.—Such subtitle is further 

11 amended by striking ‘‘Marine Corps,’’ each 

12 place it appears and inserting ‘‘Marine Corps, 

13 Space Force,’’ in the following provisions: 

14 (i) Section 123(a). 

15 (ii) Section 172(a). 

16 (iii) Section 518. 

17 (iv) Section 747. 

18 (v) Section 749. 

19 (vi) Section 1552(c)(1). 

20 (vii) Section 2632(c)(2)(A). 

21 (viii) Section 2686(a). 

22 (ix) Section 2733(a). 

23 (B) HEADING.—The heading of section 

24 747 of such title is amended to read as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
592 

•S 4049 RS

1 ‘‘§ 747. Command: when different commands of Army, 

2 Navy, Air Force, Marine Corps, Space 

3 Force, and Coast Guard join’’. 

4 (C) TABLE OF SECTIONS.—The table of 

5 sections at the beginning of chapter 43 of such 

6 title is amended by striking the item relating to 

7 section 747 and inserting the following new 

8 item: 

‘‘747. Command: when different commands of Army, Navy, Air Force, Marine 

Corps, Space Force, and Coast Guard join.’’. 

9 (3) SPACE FORCE III.—Such subtitle is further 

10 amended by striking ‘‘or Marine Corps’’ each place 

11 it appears and inserting ‘‘Marine Corps, or Space 

12 Force’’ in the following provisions: 

13 (A) Section 125(b). 

14 (B) Section 541(a). 

15 (C) Section 601(a). 

16 (D) Section 603(a). 

17 (E) Section 619(a). 

18 (F) Section 619a(a). 

19 (G) Section 624(c). 

20 (H) Section 625(b). 

21 (I) Subsections (a) and (d) of section 631. 

22 (J) Section 632(a). 

23 (K) Section 637(a)(2). 

24 (L) Section 638(a). 


pbinns on DSKJLVW7X2PROD with BILLS
593 

•S 4049 RS

1 (M) Section 741(d). 

2 (N) Section 771. 

3 (O) Section 772. 

4 (P) Section 773. 

5 (Q) Section 1123. 

6 (R) Section 1143(d). 

7 (S) Section 1174(a)(2). 

8 (T) Section 1251(a). 

9 (U) Section 1252(a). 

10 (V) Section 1253(a). 

11 (W) Section 1375. 

12 (X) Section 1413a(h). 

13 (Y) Section 1551. 

14 (Z) Section 1561(a). 

15 (AA) Section 1731(a)(1)(A)(ii). 

16 (BB) Section 2102(a). 

17 (CC) Section 2103a(a)(2). 

18 (DD) Section 2104(b)(5). 

19 (EE) Section 2107. 

20 (FF) Section 2421. 

21 (GG) Section 2631(a). 

22 (HH) Section 2787(a). 

23 (4) REGULAR SPACE FORCE I.—Such subtitle is 

24 further amended by striking ‘‘or Regular Marine 

25 Corps’’ each place it appears and inserting ‘‘Regular 


pbinns on DSKJLVW7X2PROD with BILLS
594 

•S 4049 RS

1 Marine Corps, or Regular Space Force’’ in the fol2 lowing provisions: 

3 (A) Section 531(c). 

4 (B) Section 532(a) in the matter preceding 

5 paragraph (1). 

6 (C) Subsections (a)(1), (b)(1), and (f) of 

7 section 533. 

8 (D) Section 633(a). 

9 (E) Section 634(a). 

10 (F) Section 635. 

11 (G) Section 636(a). 

12 (H) Section 647(c). 

13 (I) Section 688(b)(1). 

14 (J) Section 1181. 

15 (5) REGULAR SPACE FORCE II.—Such subtitle 

16 is further amended by striking ‘‘Regular Marine 

17 Corps,’’ each place it appears and inserting ‘‘Reg18 ular Marine Corps, Regular Space Force,’’ in the 

19 following provisions: 

20 (A) Section 505. 

21 (B) Section 506. 

22 (C) Section 508. 

23 (6) TRANSFER, ETC. OF FUNCTIONS, POWERS, 

24 AND DUTIES.—Section 125(b) of such title, as 

25 amended by paragraph (3)(A), is further amended 


pbinns on DSKJLVW7X2PROD with BILLS
595 

•S 4049 RS

1 by striking ‘‘or 9062(c)’’ and inserting ‘‘9062(c), or 

2 9081’’. 

3 (7) JOINT STAFF MATTERS.— 

4 (A) APPOINTMENT OF CHAIRMAN; GRADE

5 AND RANK.—Section 152 of such title is 

6 amended— 

7 (i) in subsection (b)(1)(C), by striking 

8 ‘‘or the Commandant of the Marine Corps’’ 

9 and inserting ‘‘the Commandant of the 

10 Marine Corps, or the Chief of Space Oper11 ations’’; and 

12 (ii) in subsection (c), by striking ‘‘or, 

13 in the case of the Navy, admiral’’ and in14 serting ‘‘, in the case of the Navy, admiral, 

15 or, in the case of an officer of the Space 

16 Force, the equivalent grade,’’. 

17 (B) INCLUSION OF SPACE FORCE ON JOINT

18 STAFF.—Section 155(a) of such title is amend19 ed— 

20 (i) in paragraph (2) by inserting ‘‘the 

21 Space Force and’’ before ‘‘the Coast 

22 Guard’’; 

23 (ii) by redesignating paragraph (3) as 

24 paragraph (4); and 


pbinns on DSKJLVW7X2PROD with BILLS
596 

•S 4049 RS

1 (iii) by inserting after paragraph (2) 

2 the following new paragraph (3): 

3 ‘‘(3) Officers of the Space Force assigned to serve 

4 on the Joint Staff shall be selected by the Chairman in 

5 a number that, to the extent practicable, bears the same 

6 proportion to the numbers of officers of the armed forces 

7 selected under paragraph (2) as the number of Regular 

8 members of the Space Force bears to the number of Reg9 ular members of the armed forces specified in that para10 graph (with the Navy and the Marine Corps treated as 

11 a single armed force for purposes of this paragraph).’’. 

12 (8) ARMED FORCES POLICY COUNCIL.—Section 

13 171(a) of such title is amended— 

14 (A) in paragraph (15), by striking ‘‘and’’; 

15 (B) in paragraph (16), by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following new 

18 paragraph: 

19 ‘‘(17) the Chief of Space Operations.’’. 

20 (9) JOINT REQUIREMENTS OVERSIGHT COUN21 CIL.—Section 181(c)(1) of such title is amended by 

22 adding at the end the following new subparagraph: 

23 ‘‘(F) A Space Force officer in the grade 

24 equivalent to the grade of general in the Army, 


pbinns on DSKJLVW7X2PROD with BILLS
597 

•S 4049 RS

1 Air Force, or Marine Corps, or admiral in the 

2 Navy.’’. 

3 (10) UNFUNDED PRIORITIES.—Section 222a(b) 

4 of such title is amended— 

5 (A) by redesignating paragraph (5) as 

6 paragraph (6); and 

7 (B) by inserting after paragraph (4) the 

8 following new paragraph: 

9 ‘‘(5) The Chief of Space Operations.’’. 

10 (11) THEATER SECURITY COOPERATION EX11 PENSES.—Section 312(b)(3) of such title is amended 

12 by inserting ‘‘the Chief of Space Operations,’’ after 

13 ‘‘the Commandant of the Marine Corps,’’. 

14 (12) WESTERN HEMISPHERE INSTITUTE.—Sec15 tion 343(e)(1)(E) of such title is amended by insert16 ing ‘‘or Space Force’’ after ‘‘for the Air Force’’. 

17 (13) ORIGINAL APPOINTMENTS OF COMMIS18 SIONED OFFICERS.—Section 531(a) of such title is 

19 amended— 

20 (A) in paragraph (1), by striking ‘‘and in 

21 the grades of ensign, lieutenant (junior grade), 

22 and lieutenant in the Regular Navy’’ and in23 serting ‘‘in the grades of ensign, lieutenant 

24 (junior grade), and lieutenant in the Regular 


pbinns on DSKJLVW7X2PROD with BILLS
598 

•S 4049 RS

1 Navy, and in the equivalent grades in the Reg2 ular Space Force’’; and 

3 (B) in paragraph (2), by striking ‘‘and in 

4 the grades of lieutenant commander, com5 mander, and captain in the Regular Navy’’ and 

6 inserting ‘‘in the grades of lieutenant com7 mander, commander, and captain in the Reg8 ular Navy, and in the equivalent grades in the 

9 Regular Space Force’’. 

10 (14) SERVICE CREDIT UPON ORIGINAL AP11 POINTMENT AS A COMMISSIONED OFFICER.—Section 

12 533(b)(2) of such title is amended by striking ‘‘or 

13 captain in the Navy’’ and inserting ‘‘, captain in the 

14 Navy, or an equivalent grade in the Space Force’’. 

15 (15) SENIOR JOINT OFFICER POSITIONS: REC16 OMMENDATIONS TO THE SECRETARY OF DE17 FENSE.—Section 604(a)(1)(A) of such title is 

18 amended by inserting ‘‘and the name of at least one 

19 Space Force officer’’ after ‘‘Air Force officer’’. 

20 (16) FORCE SHAPING AUTHORITY.—Section 

21 647(a)(2) of such title is amended by striking ‘‘of 

22 that armed force’’. 

23 (17) MEMBERS: REQUIRED SERVICE.—Section 

24 651(b) of such title is amended by striking ‘‘of his 

25 armed force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
599 

•S 4049 RS

1 (18) CAREER FLEXIBILITY TO ENHANCE RE2 TENTION OF MEMBERS.—Section 710(c)(1) of such 

3 title is amended by striking ‘‘the armed force con4 cerned’’ and inserting ‘‘an armed force’’. 

5 (19) SENIOR MEMBERS OF MILITARY STAFF

6 COMMITTEE OF UNITED NATIONS.—Section 711 of 

7 such title is amended by inserting ‘‘or the Space 

8 Force’’ after ‘‘Air Force’’. 

9 (20) RANK: CHIEF OF SPACE OPERATIONS.— 

10 (A) IN GENERAL.—Section 743 of such 

11 title is amended by striking ‘‘and the Com12 mandant of the Marine Corps’’ and inserting 

13 ‘‘the Commandant of the Marine Corps, and 

14 the Chief of Space Operations’’. 

15 (B) HEADING.—The heading of such sec16 tion 743 is amended to read as follows: 

17 ‘‘§ 743. Rank: Chief of Staff of the Army; Chief of 

18 Naval Operations; Chief of Staff of the 

19 Air Force; Commandant of the Marine 

20 Corps; Chief of Space Operations’’. 

21 (C) TABLE OF SECTIONS.—The table of 

22 sections at the beginning of chapter 43 of such 

23 title is amended by striking the item relating to 

24 section 743 and inserting the following new 

25 item: 


pbinns on DSKJLVW7X2PROD with BILLS
600 

•S 4049 RS

‘‘743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of 

Staff of the Air Force; Commandant of the Marine Corps; 

Chief of Space Operations.’’. 

1 (21) UNIFORM CODE OF MILITARY JUSTICE.— 

2 Chapter 47 of such title (the Uniform Code of Mili3 tary Justice) is amended— 

4 (A) in section 822(a)(7) (article 22(a)(7)), 

5 by striking ‘‘Marine Corps’’ and inserting ‘‘Ma6 rine Corps, or the commanding officer of a cor7 responding unit of the Space Force’’; 

8 (B) in section 823(a) (article 23(a))— 

9 (i) in paragraph (2)— 

10 (I) by striking ‘‘Air Force base’’ 

11 and inserting ‘‘Air Force or Space 

12 Force military installation’’; and 

13 (II) by striking ‘‘or the Air 

14 Force’’ and inserting ‘‘the Air Force, 

15 or the Space Force’’; and 

16 (ii) in paragraph (4), by inserting ‘‘or 

17 a corresponding unit of the Space Force’’ 

18 after ‘‘Air Force’’; and 

19 (C) in section 824(a)(3) (article 24(a)(3)), 

20 by inserting ‘‘or a corresponding unit of the 

21 Space Force’’ after ‘‘Air Force’’. 

22 (22) SERVICE AS CADET OR MIDSHIPMAN NOT

23 COUNTED FOR LENGTH OF SERVICE.—Section 

24 971(b)(2) of such title is amended by striking ‘‘or 


pbinns on DSKJLVW7X2PROD with BILLS
601 

•S 4049 RS

1 Air Force’’ and inserting ‘‘, Air Force, or Space 

2 Force’’. 

3 (23) REFERRAL BONUS.—Section 1030(h)(3) of 

4 such title is amended by inserting ‘‘and the Space 

5 Force’’ after ‘‘concerning the Air Force’’. 

6 (24) RETURN TO ACTIVE DUTY FROM TEM7 PORARY DISABILITY.—Section 1211(a) of such title 

8 is amended— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘or the Air Force’’ and inserting ‘‘, 

11 the Air Force, or the Space Force’’; and 

12 (B) in paragraph (6)— 

13 (i) by striking ‘‘or the Air Force, 

14 who’’ and inserting ‘‘the Air Force, or the 

15 Space Force who’’; and 

16 (ii) by striking ‘‘or the Air Force, as’’ 

17 and inserting ‘‘the Air Force, or the Space 

18 Force, as’’. 

19 (25) YEARS OF SERVICE.—Section 1405(c) of 

20 such title is amended by striking ‘‘or Air Force’’ and 

21 inserting ‘‘, Air Force, or Space Force’’. 

22 (26) RETIRED PAY BASE FOR PERSONS WHO

23 BECAME MEMBERS BEFORE SEPTEMBER 8, 1980.— 

24 Section 1406 of such title is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
602 

•S 4049 RS

1 (A) in the heading of subsection (e), by in2 serting ‘‘AND SPACE FORCE’’ after ‘‘AIR

3 FORCE’’; and 

4 (B) in subsection (i)(3)— 

5 (i) in subparagraph (A)— 

6 (I) by redesignating clause (v) as 

7 clause (vi); and 

8 (II) by inserting after clause (iv) 

9 the following new clause (v): 

10 ‘‘(v) Chief of Space Operations.’’; and 

11 (ii) in subparagraph (B)— 

12 (I) by redesignating clause (v) as 

13 clause (vi); and 

14 (II) by inserting after clause (iv) 

15 the following new clause (v): 

16 ‘‘(v) The senior enlisted advisor of the 

17 Space Force.’’. 

18 (27) SPECIAL REQUIREMENTS FOR MILITARY

19 PERSONNEL IN THE ACQUISITION FIELD.— 

20 (A) IN GENERAL.—Section 1722a(a) of 

21 such title is amended by striking ‘‘and the 

22 Commandant of the Marine Corps (with respect 

23 to the Army, Navy, Air Force, and Marine 

24 Corps, respectively)’’ and inserting ‘‘, the Com25 mandant of the Marine Corps, and the Chief of 


pbinns on DSKJLVW7X2PROD with BILLS
603 

•S 4049 RS

1 Space Operations (with respect to the Army, 

2 Navy, Air Force, Marine Corps, and Space 

3 Force, respectively)’’. 

4 (B) CLARIFYING AMENDMENT.—Such sec5 tion 1722a(a) is further amended by striking 

6 ‘‘the Under Secretary of Defense for Acquisi7 tion, Technology, and Logistics’’ and inserting 

8 ‘‘the Under Secretary of Defense for Acquisi9 tion and Sustainment’’. 

10 (28) SENIOR MILITARY ACQUISITION ADVI11 SORS.—Section 1725(e)(1)(C) of such title is 

12 amended by inserting ‘‘and Space Force’’ before the 

13 period. 

14 (29) MILITARY FAMILY READINESS COUNCIL.— 

15 Section 1781a(b)(1) of such title is amended by 

16 striking ‘‘Marine Corps, and Air Force’’ each place 

17 it appears and inserting ‘‘Air Force, Marine Corps, 

18 and Space Force’’. 

19 (30) FINANCIAL ASSISTANCE PROGRAM FOR

20 SPECIALLY SELECTED MEMBERS.—Section 2107 of 

21 such title is amended— 

22 (A) in subsection (a)— 

23 (i) by striking ‘‘or as a’’ and inserting 

24 ‘‘, as a’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
604 

•S 4049 RS

1 (ii) by inserting ‘‘or as an officer in 

2 the equivalent grade in the Space Force’’ 

3 after ‘‘Marine Corps,’’; 

4 (B) in subsection (b)— 

5 (i) in paragraph (3), by striking ‘‘the 

6 reserve component of the armed force in 

7 which he is appointed as a cadet or mid8 shipman’’ and inserting ‘‘the reserve com9 ponent of an armed force’’; and 

10 (ii) in paragraph (5), by striking ‘‘re11 serve component of that armed force’’ each 

12 place it appears and inserting ‘‘reserve 

13 component of an armed force’’; and 

14 (C) in subsection (d), by striking ‘‘second 

15 lieutenant or ensign’’ and inserting ‘‘second 

16 lieutenant, ensign, or an equivalent grade in the 

17 Space Force’’. 

18 (31) SPACE RAPID CAPABILITIES OFFICE.—Sec19 tion 2273a(d) of such title is amended by striking 

20 paragraph (3). 

21 (32) ACQUISITION-RELATED FUNCTIONS OF

22 CHIEFS OF THE ARMED FORCES.—Section 2547(a) 

23 of such title is amended by striking ‘‘and the Com24 mandant of the Marine Corps’’ and inserting ‘‘the 


pbinns on DSKJLVW7X2PROD with BILLS
605 

•S 4049 RS

1 Commandant of the Marine Corps, and the Chief of 

2 Space Operations’’. 

3 (33) AGREEMENTS RELATED TO MILITARY

4 TRAINING, TESTING, AND OPERATIONS.—Section 

5 2684a(i) of such title is amended by inserting 

6 ‘‘Space Force,’’ before ‘‘or Defense-wide activities’’ 

7 each place it appears. 

8 (c) PROVISIONS OF SUBTITLE B.— 

9 (1) IN GENERAL.—Subtitle B of title 10, 

10 United States Code, is amended by striking ‘‘or Ma11 rine Corps’’ each place it appears and inserting 

12 ‘‘Marine Corps, or Space Force’’ in the following 

13 provisions: 

14 (A) Section 7452(c). 

15 (B) Section 7621(d). 

16 (2) COMPUTATION OF YEARS OF SERVICE.— 

17 Section 7326(a)(1) of such title is amended by strik18 ing ‘‘or the Air Force’’ and inserting ‘‘, the Air 

19 Force, or the Space Force’’. 

20 (d) PROVISIONS OF SUBTITLE C.— 

21 (1) CADETS; HAZING.—Section 8464(f) of title 

22 10, United States Code, is amended by striking ‘‘or 

23 Marine Corps’’ and inserting ‘‘Marine Corps, or 

24 Space Force’’. 

25 (2) SALES PRICES.— 


pbinns on DSKJLVW7X2PROD with BILLS
606 

•S 4049 RS

1 (A) IN GENERAL.—Section 8802 of such 

2 title is amended by striking ‘‘or the Air Force’’ 

3 and inserting ‘‘, the Air Force, or the Space 

4 Force’’. 

5 (B) HEADING.—The heading of such sec6 tion 8802 is amended to read as follows: 

7 ‘‘§ 8802. Sales: members of Army, Air Force, and 

8 Space Force; prices’’. 

9 (C) TABLE OF SECTIONS.—The table of 

10 sections at the beginning of chapter 879 of such 

11 title is amended by striking the item relating to 

12 section 8802 and inserting the following new 

13 item: 

‘‘8802. Sales: members of Army, Air Force, and Space Force; prices.’’. 

14 (3) SALES TO CERTAIN VETERANS.—Section 

15 8803 of such title is amended by striking ‘‘or the 

16 Marine Corps’’ and inserting ‘‘the Marine Corps, or 

17 the Space Force’’. 

18 (4) SUBSISTENCE AND OTHER SUPPLIES.—Sec19 tion 8806(d) of such title is amended by striking ‘‘or 

20 Air Force or Marine Corps’’ and inserting ‘‘, Air 

21 Force, Marine Corps, or Space Force’’. 

22 (5) SCOPE OF CHAPTER ON PRIZE.—Section 

23 8851(a) of such title is amended by striking ‘‘or the 

24 Air Force’’ and inserting ‘‘, the Air Force, or the 

25 Space Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
607 

•S 4049 RS

1 SEC. 934. AMENDMENTS TO PROVISIONS OF LAW RELATING 

2 TO PAY AND ALLOWANCES. 

3 (a) DEFINITIONS.—Section 101 of title 37, United 

4 States Code, is amended— 

5 (1) in paragraphs (3) and (4), by inserting 

6 ‘‘Space Force,’’ after ‘‘Marine Corps,’’ each place it 

7 appears; and 

8 (2) in paragraph (5)(C), by inserting ‘‘and the 

9 Space Force’’ after ‘‘Air Force’’. 

10 (b) BASIC PAY RATES.— 

11 (1) COMMISSIONED OFFICERS.—Footnote 2 of 

12 the table titled ‘‘COMMISSIONED OFFICERS’’ in 

13 section 601(c) of the John Warner National Defense 

14 Authorization Act for Fiscal Year 2007 (Public Law 

15 109–364; 37 U.S.C. 1009 note) is amended by in16 serting after ‘‘Commandant of the Marine Corps,’’ 

17 the following: ‘‘Chief of Space Operations,’’. 

18 (2) ENLISTED MEMBERS.—Footnote 2 of the 

19 table titled ‘‘ENLISTED MEMBERS’’ in section 

20 601(c) of the John Warner National Defense Au21 thorization Act for Fiscal Year 2007 (Public Law 

22 109–364; 37 U.S.C. 1009 note) is amended by in23 serting after ‘‘Sergeant Major of the Marine Corps,’’ 

24 the following: ‘‘the senior enlisted advisor of the 

25 Space Force,’’. 


pbinns on DSKJLVW7X2PROD with BILLS
608 

•S 4049 RS

1 (c) PAY GRADES: ASSIGNMENT TO; GENERAL

2 RULES.—Section 201(a) of title 37, United States Code, 

3 is amended— 

4 (1) by striking ‘‘(a) For the purpose’’ and in5 serting ‘‘(a)(1) Subject to paragraph (2), for the 

6 purpose’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) For the purpose of computing their basic pay, 

10 commissioned officers of the Space Force are assigned to 

11 the pay grades in the table in paragraph (1) by grade or 

12 rank in the Air Force that is equivalent to the grade or 

13 rank in which such officers are serving in the Space 

14 Force.’’. 

15 (d) PAY OF SENIOR ENLISTED MEMBERS.—Section 

16 210(c) of title 37, United States Code, is amended— 

17 (1) by redesignating paragraph (5) as para18 graph (6); and 

19 (2) by inserting after paragraph (4) the fol20 lowing new paragraph (5): 

21 ‘‘(5) The senior enlisted advisor of the Space 

22 Force.’’. 

23 (e) ALLOWANCES OTHER THAN TRAVEL AND TRANS24 PORTATION ALLOWANCES.— 


pbinns on DSKJLVW7X2PROD with BILLS
609 

•S 4049 RS

1 (1) PERSONAL MONEY ALLOWANCE.—Section 

2 414 of title 37, United States Code, is amended— 

3 (A) in subsection (a)(5), by inserting 

4 ‘‘Chief of Space Operations,’’ after ‘‘Com5 mandant of the Marines Corps,’’; and 

6 (B) in subsection (b), by inserting ‘‘the 

7 senior enlisted advisor of the Space Force,’’ 

8 after ‘‘the Sergeant Major of the Marine 

9 Corps,’’. 

10 (2) CLOTHING ALLOWANCE: ENLISTED MEM11 BERS.—Section 418(d) of such title is amended— 

12 (A) in paragraph (1), by striking ‘‘or Ma13 rine Corps’’ and inserting ‘‘Marine Corps, or 

14 Space Force’’; and 

15 (B) in paragraph (4), by striking ‘‘or the 

16 Marine Corps’’ and inserting ‘‘the Marine 

17 Corps, or the Space Force’’. 

18 (f) TRAVEL AND TRANSPORTATION ALLOWANCES: 

19 PARKING EXPENSES.—Section 481i(b) of title 37, United 

20 States Code, is amended by striking ‘‘or Marine Corps’’ 

21 and inserting ‘‘Marine Corps, or Space Force’’. 

22 (g) LEAVE.— 

23 (1) ADDITION OF SPACE FORCE.—Chapter 9 of 

24 title 37, United States Code, is amended by insertVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
610 

•S 4049 RS

1 ing ‘‘Space Force,’’ after ‘‘Marines Corps,’’ each 

2 place it appears in the following provisions: 

3 (A) Subsections (b)(1) and (e)(1) of sec4 tion 501. 

5 (B) Section 502(a). 

6 (C) Section 503(a). 

7 (2) ADDITION OF REGULAR SPACE FORCE.— 

8 Section 501(b)(5)(C) of such title is amended by 

9 striking ‘‘or Regular Marine Corps’’ and inserting 

10 ‘‘Regular Marine Corps, or Regular Space Force’’. 

11 (3) TECHNICAL AMENDMENTS.—Chapter 9 of 

12 such title is further amended as follows: 

13 (A) In section 501(b)(1)— 

14 (i) by striking ‘‘his’’ each place it ap15 pears and inserting ‘‘the member’s’’; and 

16 (ii) by striking ‘‘he’’ and inserting 

17 ‘‘the member’’. 

18 (B) In section 502— 

19 (i) by striking ‘‘his designated rep20 resentative’’ each place it appears and in21 serting ‘‘the Secretary’s designated rep22 resentative’’; 

23 (ii) in subsection (a), by striking ‘‘he’’ 

24 each place it appears and inserting ‘‘the 

25 member’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
611 

•S 4049 RS

1 (iii) in subsection (b), by striking 

2 ‘‘his’’ and inserting ‘‘the member’s’’. 

3 (h) ALLOTMENT AND ASSIGNMENT OF PAY.— 

4 (1) IN GENERAL.—Subsections (a), (c), and (d) 

5 of section 701 of title 37, United States Code, are 

6 each amended by striking ‘‘or Marine Corps’’ and 

7 inserting ‘‘Marine Corps, or Space Force’’. 

8 (2) TECHNICAL AMENDMENTS.—Such section 

9 701 is further amended— 

10 (A) in subsection (a), by striking ‘‘his’’ and 

11 inserting ‘‘the officer’s’’; 

12 (B) in subsection (b), by striking ‘‘his’’ 

13 and inserting ‘‘the person’s’’; and 

14 (C) in subsection (c), by striking ‘‘his pay, 

15 and if he does so’’ and inserting ‘‘the member’s 

16 pay, and if the member does so’’. 

17 (3) HEADING.—The heading of such section 

18 701 is amended to read as follows: 

19 ‘‘§ 701. Members of the Army, Navy, Air Force, Marine 

20 Corps, and Space Force; contract sur21 geons’’. 

22 (4) TABLE OF SECTIONS.—The table of sections 

23 at the beginning of chapter 13 of such title is 

24 amended by striking the item relating to section 701 

25 and inserting the following new item: 


pbinns on DSKJLVW7X2PROD with BILLS
612 

•S 4049 RS

‘‘701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; 

contract surgeons.’’. 

1 (i) FORFEITURE OF PAY.— 

2 (1) FORFEITURE FOR ABSENCE FOR INTEM3 PERATE USE OF ALCOHOL OR DRUGS.— 

4 (A) IN GENERAL.—Section 802 of title 37, 

5 United States Code, is amended by striking ‘‘or 

6 Marine Corps’’ and inserting ‘‘Marine Corps, or 

7 Space Force’’. 

8 (B) TECHNICAL AMENDMENTS.—Such sec9 tion 802 is further amended by striking ‘‘his’’ 

10 each place it appears and inserting ‘‘the mem11 ber’s’’. 

12 (2) FORFEITURE WHEN DROPPED FROM

13 ROLLS.— 

14 (A) IN GENERAL.—Section 803 of such 

15 title is amended by striking ‘‘or the Air Force’’ 

16 and inserting ‘‘, the Air Force, or the Space 

17 Force’’. 

18 (B) HEADING.—The heading of such sec19 tion 803 is amended to read as follows: 

20 ‘‘§ 803. Commissioned officers of the Army, Air Force, 

21 or Space Force: forfeiture of pay when 

22 dropped from rolls’’. 

23 (C) TABLE OF SECTIONS.—The table of 

24 sections at the beginning of chapter 15 of such 


pbinns on DSKJLVW7X2PROD with BILLS
613 

•S 4049 RS

1 title is amended by striking the item relating to 

2 section 803 and inserting the following new 

3 item: 

‘‘803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture 

of pay when dropped from rolls.’’. 

4 (j) EFFECT ON PAY OF EXTENSION OF ENLIST5 MENT.—Section 906 of title 37, United States Code, is 

6 amended by inserting ‘‘Space Force,’’ after ‘‘Marine 

7 Corps,’’. 

8 (k) ADMINISTRATION OF PAY.— 

9 (1) PROMPT PAYMENT REQUIRED.— 

10 (A) IN GENERAL.—Section 1005 of title 

11 37, United States Code, is amended by striking 

12 ‘‘and of the Air Force’’ and inserting ‘‘, the Air 

13 Force, and the Space Force’’. 

14 (B) HEADING.—The heading of such sec15 tion 1005 is amended to read as follows: 

16 ‘‘§ 1005. Army, Air Force, and Space Force: prompt 

17 payments required’’. 

18 (C) TABLE OF SECTIONS.—The table of 

19 sections at the beginning of chapter 15 of such 

20 title is amended by striking the item relating to 

21 section 803 and inserting the following new 

22 item: 

‘‘1005. Army, Air Force, and Space Force: prompt payments required.’’. 

23 (2) DEDUCTIONS FROM PAY.— 


pbinns on DSKJLVW7X2PROD with BILLS
614 

•S 4049 RS

1 (A) IN GENERAL.—Section 1007 of such 

2 title is amended— 

3 (i) in subsections (b), (d), (f), and (g), 

4 by striking ‘‘or the Air Force’’ and insert5 ing ‘‘, the Air Force, or the Space Force’’; 

6 and 

7 (ii) in subsection (e), by striking ‘‘or 

8 Marine Corps’’ and inserting ‘‘Marine 

9 Corps, or Space Force’’. 

10 (B) TECHNICAL AMENDMENTS.—Such sec11 tion 1007 is further amended— 

12 (i) in subsection (b), by striking 

13 ‘‘him’’ and inserting ‘‘the member’’; 

14 (ii) in subsection (d), by striking 

15 ‘‘his’’ each place it appears and inserting 

16 ‘‘the member’s’’; and 

17 (iii) in subsection (f)— 

18 (I) by striking ‘‘his’’ and insert19 ing ‘‘the officer’s’’; and 

20 (II) by striking ‘‘he’’ both places 

21 it appears and inserting ‘‘the officer’’. 

22 SEC. 935. AMENDMENTS RELATING TO PROVISIONS OF LAW 

23 ON VETERANS’ BENEFITS. 

24 (a) ADDITION OF SPACE SERVICE TO REFERENCES

25 TO MILITARY, NAVAL, OR AIR SERVICE.—Title 38, United 


pbinns on DSKJLVW7X2PROD with BILLS
615 

•S 4049 RS

1 States Code, is amended by striking ‘‘or air service’’ and 

2 inserting ‘‘air, or space service’’ each place it appears in 

3 the following provisions: 

4 (1) Paragraphs (2), (5), (12), (16), (17), (18), 

5 (24), and (32) of section 101. 

6 (2) Section 105(a). 

7 (3) Section 106(b). 

8 (4) Section 701. 

9 (5) Paragraphs (1) and (2)(A) of section 1101. 

10 (6) Section 1103. 

11 (7) Section 1110. 

12 (8) Subsections (b)(1) and (c)(1) of section 

13 1112. 

14 (9) Section 1113(b). 

15 (10) Section 1131. 

16 (11) Section 1132. 

17 (12) Section 1133. 

18 (13) Section 1137. 

19 (14) Section 1141. 

20 (15) Section 1153. 

21 (16) Section 1301. 

22 (17) Subsections (a) and (b) of section 1302. 

23 (18) Section 1310(b). 

24 (19) Section 1521(j). 

25 (20) Section 1541(h). 


pbinns on DSKJLVW7X2PROD with BILLS
616 

•S 4049 RS

1 (21) Subsections (a)(2)(B) and (e)(3) of section 

2 1710. 

3 (22) Section 1712(a). 

4 (23) Section 1712A(c). 

5 (24) Section 1717(d)(1). 

6 (25) Subsections (b) and (c) of section 1720A. 

7 (26) Section 1720D(c)(3). 

8 (27) Section 1720E(a). 

9 (28) Section 1720G(a)(2)(B). 

10 (29) Subsections (b)(2), (e)(1), and (e)(4) of 

11 section 1720I. 

12 (30) Section 1781(a)(3). 

13 (31) Section 1783(b)(1). 

14 (32) Section 1922(a). 

15 (33) Section 2002(b)(1). 

16 (34) Section 2101A(a)(1). 

17 (35) Subsections (a)(1)(C) and (d) of section 

18 2301. 

19 (36) Section 2302(a). 

20 (37) Section 2303(b)(2). 

21 (38) Subsections (b)(4)(A) and (g)(2) of section 

22 2306. 

23 (39) Section 2402(a)(1). 

24 (40) Section 3018B(a). 

25 (41) Section 3102(a)(1)(A)(ii). 


pbinns on DSKJLVW7X2PROD with BILLS
617 

•S 4049 RS

1 (42) Subsections (a) and (b)(2)(A) of section 

2 3103. 

3 (43) Section 3113(a). 

4 (44) Section 3501(a). 

5 (45) Section 3512(b)(1)(B)(iii). 

6 (46) Section 3679(c)(2)(A). 

7 (47) Section 3701(b)(2). 

8 (48) Section 3712(e)(2). 

9 (49) Section 3729(c)(1). 

10 (50) Subparagraphs (A) and (B) of section 

11 3901(1). 

12 (51) Subsections (c)(1)(A) and (d)(2)(B) of sec13 tion 5103A. 

14 (52) Section 5110(j). 

15 (53) Section 5111(a)(2)(A). 

16 (54) Section 5113(b)(3)(C). 

17 (55) Section 5303(e). 

18 (56) Section 6104(c). 

19 (57) Section 6105(a). 

20 (58) Subsections (a)(1) and (b)(3) of section 

21 6301. 

22 (59) Section 6303(b). 

23 (60) Section 6304(b)(1). 

24 (61) Section 8301. 

25 (b) DEFINITIONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
618 

•S 4049 RS

1 (1) ARMED FORCES.—Paragraph (10) of sec2 tion 101 of title 38, United States Code, is amended 

3 by inserting ‘‘Space Force,’’ after ‘‘Air Force,’’. 

4 (2) SECRETARY CONCERNED.—Paragraph 

5 (25)(C) of such section is amended by inserting ‘‘or 

6 the Space Force’’ before the semicolon. 

7 (3) SPACE FORCE RESERVE.—Paragraph (27) 

8 of such section is amended— 

9 (A) by redesignating subparagraphs (E) 

10 through (G) as subparagraphs (F) through (H), 

11 respectively; and 

12 (B) by inserting after subparagraph (D) 

13 the following new subparagraph (E): 

14 ‘‘(E) the Space Force Reserve;’’. 

15 (c) PLACEMENT OF EMPLOYEES IN MILITARY IN16 STALLATIONS.—Section 701 of title 38, United States 

17 Code, is amended by striking ‘‘and Air Force’’ and insert18 ing ‘‘Air Force, and Space Force’’. 

19 (d) CONSIDERATION TO BE ACCORDED TIME, 

20 PLACE, AND CIRCUMSTANCES OF SERVICE.—Section 

21 1154(b) of title 38, United States Code, is amended by 

22 striking ‘‘or air organization’’ and inserting ‘‘air, or space 

23 organization’’. 


pbinns on DSKJLVW7X2PROD with BILLS
619 

•S 4049 RS

1 (e) PREMIUM PAYMENTS.—Section 1908 of title 38, 

2 United States Code, is amended by inserting ‘‘Space 

3 Force,’’ after ‘‘Marine Corps,’’. 

4 (f) SECRETARY CONCERNED FOR GI BILL.—Section 

5 3020(l)(3) of title 38, United States Code, is amended by 

6 inserting ‘‘or the Space Force’’ before the semicolon. 

7 (g) DEFINITIONS FOR POST-9/11 GI BILL.—Section 

8 3301(2)(C) of title 38,United States Code, is amended by 

9 inserting ‘‘or the Space Force’’ after ‘‘Air Force’’. 

10 (h) PROVISION OF CREDIT PROTECTION AND OTHER

11 SERVICES.—Section 5724(c)(2) of title 38, United States 

12 Code, is amended by striking ‘‘or Marine Corps’’ and in13 serting ‘‘Marine Corps, or Space Force’’. 

14 SEC. 936. AMENDMENTS TO OTHER PROVISIONS OF THE 

15 UNITED STATES CODE. 

16 (a) TITLE 5; DEFINITION OF ARMED FORCES.—Sec17 tion 2101(2) of title 5, United States Code, is amended 

18 by inserting after ‘‘Marine Corps,’’ the following: ‘‘Space 

19 Force,’’. 

20 (b) TITLE 14.— 

21 (1) VOLUNTARY RETIREMENT.—Section 2152 

22 of title 14, United States Code, is amended by strik23 ing ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps, 

24 or Space Force’’. 


pbinns on DSKJLVW7X2PROD with BILLS
620 

•S 4049 RS

1 (2) COMPUTATION OF LENGTH OF SERVICE.— 

2 Section 2513 of such title is amended by inserting 

3 after ‘‘Air Force,’’ the following: ‘‘Space Force,’’. 

4 (c) TITLE 18; FIREARMS AS NONMAILABLE.—Sec5 tion 1715 of such title is amended by inserting ‘‘Space 

6 Force,’’ after ‘‘Marine Corps,’’. 

7 (d) TITLE 31.— 

8 (1) DEFINITIONS RELATING TO CLAIMS.—Sec9 tion 3701(a)(7) of title 31, United States Code, is 

10 amended by inserting ‘‘Space Force,’’ after ‘‘Marine 

11 Corps,’’. 

12 (2) COLLECTION AND COMPROMISE.—Section 

13 3711(f) of such title is amended in paragraphs (1) 

14 and (3) by inserting ‘‘Space Force,’’ after ‘‘Marine 

15 Corps,’’ each place it appears. 

16 (e) TITLE 41; HONORABLE DISCHARGE CERTIFI17 CATE IN LIEU OF BIRTH CERTIFICATE.—Section 6309(a) 

18 of title 41, United States Code, is amended by inserting 

19 ‘‘Space Force,’’ after ‘‘Marine Corps,’’. 

20 (f) TITLE 51; POWERS OF THE ADMINISTRATION IN

21 PERFORMANCE OF FUNCTIONS.—Section 20113(l) of title 

22 51, United States Code, is amended— 

23 (1) in the subsection heading, by striking 

24 ‘‘SERVICES’’ and inserting ‘‘FORCES’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
621 

•S 4049 RS

1 (2) by striking ‘‘and Marine Corps’’ and insert2 ing ‘‘Marine Corps, and Space Force’’. 

3 SEC. 937. APPLICABILITY TO OTHER PROVISIONS OF LAW. 

4 (a) SECRETARY OF DEFENSE AUTHORITY.—The au5 thority of the Secretary of Defense with respect to the Air 

6 Force or members of the Air Force under any covered pro7 vision of law may be exercised by the Secretary with re8 spect to the Space Force or members of the Space Force. 

9 (b) SECRETARY OF THE AIR FORCE AUTHORITY.— 

10 The authority of the Secretary of the Air Force with re11 spect to the Air Force or members of the Air Force under 

12 any covered provision of law may be exercised with respect 

13 to the Space Force or members of the Space Force. 

14 (c) BENEFITS FOR MEMBERS.—A member of the 

15 Space Force shall be eligible for any benefit under a cov16 ered provision of law that is available to a member of the 

17 Air Force under the same terms and conditions as the pro18 vision of law applies to members of the Air Force. 

19 (d) COVERED PROVISION OF LAW DEFINED.—In this 

20 section, the term ‘‘covered provision of law’’ means a pro21 vision of law other than a provision of title 5, 10, 14, 18, 

22 31, 37, 38, 41, or 51, United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
622 

•S 4049 RS

1 PART II—OTHER MATTERS 

2 SEC. 941. MATTERS RELATING TO RESERVE COMPONENTS 

3 FOR THE SPACE FORCE. 

4 (a) LIMITATION ON ESTABLISHMENT OF SPACE NA5 TIONAL GUARD.— 

6 (1) IN GENERAL.—The Space National Guard 

7 may not be established as a reserve component of 

8 the Space Force until the Secretary of Defense cer9 tifies in writing, to the congressional defense com10 mittees that a Space National Guard is the organi11 zation best suited to discharge in an effective and ef12 ficient manner the missions intended to be assigned 

13 to the Space National Guard. 

14 (2) BASIS FOR CERTIFICATION.—The certifi15 cation must be based on the results of a study con16 ducted for purposes of this subsection by the Assist17 ant Secretary of the Air Force for Manpower and 

18 Reserve Affairs. 

19 (3) PROPOSED MISSIONS.—The certification 

20 shall include a description of each mission proposed 

21 to be assigned to the Space National Guard in con22 nection with the certification. 

23 (b) SPACE FORCE RESERVE.— 

24 (1) INCLUSION WITHIN SPACE FORCE.—Section 

25 9081(b)(2) of title 10, United States Code, is 

26 amended by inserting ‘‘, including the Regular Space 


pbinns on DSKJLVW7X2PROD with BILLS
623 

•S 4049 RS

1 Force and the Space Force Reserve,’’ after ‘‘space 

2 forces’’. 

3 (2) NAMED RESERVE COMPONENT.—Section 

4 10101 of title 10, United States Code, is amended— 

5 (A) by redesignating paragraph (7) as 

6 paragraph (8); and 

7 (B) by inserting after paragraph (6) the 

8 following new paragraph (7): 

9 ‘‘(7) The Space Force Reserve.’’. 

10 (3) COMPOSITION.— 

11 (A) IN GENERAL.—Chapter 1003 of such 

12 title is amended— 

13 (i) by redesignating section 10114 as 

14 section 10115; and 

15 (ii) by inserting after section 10113 

16 the following new section 10114: 

17 ‘‘§ 10114. Space Force Reserve: composition 

18 ‘‘The Space Force Reserve is a reserve component of 

19 the Space Force to provide a reserve for active duty. It 

20 consists of the members of the officers’ section of the 

21 Space Force Reserve and of the enlisted section of the 

22 Space Force Reserve.’’. 

23 (B) CLERICAL AMENDMENT.—The table of 

24 sections at the beginning of chapter 1003 of 

25 such title is amended by striking the item relatVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
624 

•S 4049 RS

1 ing to section 10114 and inserting the following 

2 new items: 

‘‘10114. Space Force Reserve: composition. 

‘‘10115. Coast Guard Reserve.’’. 

3 (4) SPACE FORCE RESERVE COMMAND.— 

4 (A) IN GENERAL.—Chapter 1006 of such 

5 title is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 10175. Space Force Reserve Command 

8 ‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary 

9 of the Air Force, with the advice and assistance of the 

10 Chief of Space Operations, shall establish a Space Force 

11 Reserve Command. The Space Force Reserve Command 

12 shall be operated as a separate command of the Space 

13 Force. 

14 ‘‘(b) COMMANDER.—The Chief of Space Force Re15 serve is the Commander of the Space Force Reserve Com16 mand. The commander of the Space Force Reserve Com17 mand reports directly to the Chief of Space Operations. 

18 ‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the 

19 Air Force— 

20 ‘‘(1) shall assign to the Space Force Reserve 

21 Command all forces of the Space Force Reserve sta22 tioned in the continental United States other than 

23 forces assigned to the unified combatant command 


pbinns on DSKJLVW7X2PROD with BILLS
625 

•S 4049 RS

1 for special operations forces established pursuant to 

2 section 167 of this title; and 

3 ‘‘(2) except as otherwise directed by the Sec4 retary of Defense in the case of forces assigned to 

5 carry out functions of the Secretary of the Air Force 

6 specified in section 9013 of this title, shall assign to 

7 the combatant commands all such forces assigned to 

8 the Space Force Reserve Command under paragraph 

9 (1) in the manner specified by the Secretary of De10 fense.’’. 

11 (B) CLERICAL AMENDMENT.—The table of 

12 sections at the beginning of chapter 1006 of 

13 such title is amended by adding at the end the 

14 following new item: 

‘‘10175. Space Force Reserve Command.’’. 

15 (c) MILITARY PERSONNEL MANAGEMENT.—Any au16 thority in title 10, United States Code, may be applied 

17 to a member of the Space Force Reserve in the same man18 ner as such authority is applied to a similarly situated 

19 member of the Air Force Reserve. In the application of 

20 such authority to a member of the Space Force Reserve, 

21 any reference to a grade of a member of in the Air Force 

22 or Air Force Reserve shall be deemed to refer to the equiv23 alent grade in the Space Force or Space Force Reserve. 

24 (d) REPORT ON INTEGRATION OF SPACE FORCE RE25 SERVE INTO LAW.—Not later than 270 days after the 


pbinns on DSKJLVW7X2PROD with BILLS
626 

•S 4049 RS

1 date of the enactment of this Act, the Secretary of Defense 

2 shall submit to the Committees on Armed Services of the 

3 Senate and the House or Representatives a report setting 

4 forth the amendments to title 10, United States Code, and 

5 any other laws, necessary to fully integrate the Space 

6 Force Reserve into statutory authorities on the personnel, 

7 activities, missions, and management of the Space Force. 

8 SEC. 942. TRANSFERS OF MILITARY AND CIVILIAN PER9 SONNEL TO THE SPACE FORCE. 

10 (a) PROHIBITION ON INVOLUNTARY TRANSFER.—A 

11 member of the Armed Forces or civilian employee of the 

12 Department of Defense may not be transferred to the mili13 tary or civilian part of the Space Force, as the case may 

14 be, without the consent of such member or employee. 

15 (b) STATUS WITHIN SPACE FORCE UPON TRANS16 FER.—Any member of the Armed Forces or civilian em17 ployee of the Department of Defense who is transferred 

18 to the Space Force shall, after transfer, have the status 

19 of member or civilian employee, as the case may be, of 

20 the Space Force. 

21 (c) DETAIL OR ASSIGNMENT OF MEMBERS.— 

22 (1) PERMANENT NATURE OF DETAIL OR AS23 SIGNMENT.—The detail or assignment of any mem24 ber of the Armed Forces to the Space Force on or 

25 after the date of the enactment of this Act shall be 


pbinns on DSKJLVW7X2PROD with BILLS
627 

•S 4049 RS

1 permanent, and shall be treated as a transfer to 

2 which subsection (b) applies. 

3 (2) ACKNOWLEDGMENT OF NATURE.—Any 

4 member undergoing a detail or assignment described 

5 in paragraph (1) shall execute a written acknowledg6 ment, before undergoing such detail or assignment, 

7 of the permanent nature of the detail or assignment 

8 by reason of paragraph (1). 

9 SEC. 943. LIMITATION ON TRANSFER OF MILITARY INSTAL10 LATIONS TO THE JURISDICTION OF THE 

11 SPACE FORCE. 

12 (a) LIMITATION.—A military installation (whether or 

13 not under the jurisdiction of the Department of the Air 

14 Force) may not be transferred to the jurisdiction or com15 mand of the Space Force until the Secretary of the Air 

16 Force briefs the congressional defense committees on the 

17 results of a business case analysis, conducted by the Sec18 retary in connection with the transfer, of the cost and effi19 cacy of the transfer. 

20 (b) TIMING OF BRIEFING.—The briefing on a busi21 ness case analysis conducted pursuant to subsection (a) 

22 shall be provided not later than 15 days after the date 

23 of the completion of the business case analysis by the Sec24 retary. 


pbinns on DSKJLVW7X2PROD with BILLS
628 

•S 4049 RS

1 Subtitle D—Organization and Man2 agement of Other Department of 

3 Defense Offices and Elements 

4 SEC. 951. ANNUAL REPORT ON ESTABLISHMENT OF FIELD 

5 OPERATING AGENCIES. 

6 (a) IN GENERAL.—Subchapter I of chapter 134 of 

7 title 10, United States Code, is amended by inserting after 

8 section 2245 the following new section: 

9 ‘‘§ 2246. Establishment of field operating agencies: 

10 annual report 

11 ‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 

12 January 31 each year, the Secretary of Defense shall sub13 mit to the congressional defense committees a report on 

14 each, if any, field operating agency established during the 

15 preceding year. 

16 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

17 shall include, for each field operating agency covered by 

18 such report, the following: 

19 ‘‘(1) The name of such agency. 

20 ‘‘(2) The physical location of such agency. 

21 ‘‘(3) The title and grade (whether military or 

22 civilian) of the head of such agency. 

23 ‘‘(4) The chain of command, supervision, or au24 thority through which the head of such agency re25 ports to the Office of the Secretary of Defense or 


pbinns on DSKJLVW7X2PROD with BILLS
629 

•S 4049 RS

1 the military department or Armed Forces head2 quarters, as applicable. 

3 ‘‘(5) The mission of such agency. 

4 ‘‘(6) The number of personnel authorized to be 

5 assigned to such agency, and the number of such au6 thorizations encumbered by military personnel and 

7 civilian employees of the Department of Defense or 

8 military department, as applicable. 

9 ‘‘(7) The purpose underlying the establishment 

10 of such agency. 

11 ‘‘(8) Any cost savings or other efficiencies that 

12 have accrued, or are anticipated to accrue, to the 

13 Department of Defense or any of its components in 

14 connection with the establishment and operation of 

15 such agency.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of subchapter I of chapter 134 of such 

18 title is amended by inserting after the item relating to sec19 tion 2245 the following new item: 

‘‘2246. Establishment of field operating agencies: annual report.’’. 

20 TITLE X—GENERAL PROVISIONS 

21 Subtitle A—Financial Matters 

22 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

23 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

24 (1) AUTHORITY.—Upon determination by the 

25 Secretary of Defense that such action is necessary in 


pbinns on DSKJLVW7X2PROD with BILLS
630 

•S 4049 RS

1 the national interest, the Secretary may transfer 

2 amounts of authorizations made available to the De3 partment of Defense in this division for fiscal year 

4 2021 between any such authorizations for that fiscal 

5 year (or any subdivisions thereof). Amounts of au6 thorizations so transferred shall be merged with and 

7 be available for the same purposes as the authoriza8 tion to which transferred. 

9 (2) LIMITATION.—Except as provided in para10 graph (3), the total amount of authorizations that 

11 the Secretary may transfer under the authority of 

12 this section may not exceed $4,000,000,000. 

13 (3) EXCEPTION FOR TRANSFERS BETWEEN

14 MILITARY PERSONNEL AUTHORIZATIONS.—A trans15 fer of funds between military personnel authoriza16 tions under title IV shall not be counted toward the 

17 dollar limitation in paragraph (2). 

18 (b) LIMITATIONS.—The authority provided by sub19 section (a) to transfer authorizations— 

20 (1) may only be used to provide authority for 

21 items that have a higher priority than the items 

22 from which authority is transferred; and 

23 (2) may not be used to provide authority for an 

24 item that has been denied authorization by Con25 gress. 


pbinns on DSKJLVW7X2PROD with BILLS
631 

•S 4049 RS

1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

2 transfer made from one account to another under the au3 thority of this section shall be deemed to increase the 

4 amount authorized for the account to which the amount 

5 is transferred by an amount equal to the amount trans6 ferred. 

7 (d) NOTICE TO CONGRESS.—The Secretary shall 

8 promptly notify Congress of each transfer made under 

9 subsection (a). 

10 SEC. 1002. APPLICATION OF FINANCIAL IMPROVEMENT 

11 AND AUDIT REMEDIATION PLAN TO FISCAL 

12 YEARS FOLLOWING FISCAL YEAR 2020. 

13 Section 240b(a)(2)(A)(iii) of title 10, United States 

14 Code, is amended by striking ‘‘for fiscal year 2018’’ and 

15 all that follows and inserting ‘‘for each fiscal year after 

16 fiscal year 2020 occurs by not later than March 31 fol17 lowing such fiscal year;’’. 


pbinns on DSKJLVW7X2PROD with BILLS
632 

•S 4049 RS

1 Subtitle B—Counterdrug Activities 

2 SEC. 1011. CODIFICATION OF AUTHORITY FOR JOINT TASK 

3 FORCES OF THE DEPARTMENT OF DEFENSE 

4 TO SUPPORT LAW ENFORCEMENT AGENCIES 

5 CONDUCTING COUNTERTERRORISM OR 

6 COUNTER-TRANSNATIONAL ORGANIZED 

7 CRIME ACTIVITIES. 

8 (a) CODIFICATION OF SECTION 1022 OF FY 2004 

9 NDAA.—Chapter 15 of title 10, United States Code, is 

10 amended by adding at the end a new section 285 con11 sisting of— 

12 (1) a heading as follows: 

13 ‘‘§ 285. Authority for joint task forces to support law 

14 enforcement agencies conducting 

15 counterterrorism or counter16 transnational organized crime activities’’; 

17 and 

18 (2) a text consisting of the text of section 1022 

19 of the National Defense Authorization Act for Fiscal 

20 Year 2004 (10 U.S.C. 271 note). 

21 (b) CONFORMING AMENDMENTS IN CONNECTION

22 WITH CODIFICATION.—Section 285 of title 10, United 

23 States Code, as added by subsection (a), is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
633 

•S 4049 RS

1 (1) in subsection (b), by striking ‘‘During fiscal 

2 years 2006 through 2022, funds for drug interdic3 tion’’ and inserting ‘‘Funds for drug interdiction’’; 

4 (2) in subsection (c), by striking ‘‘of each year 

5 in which the authority in subsection (a) is in effect’’ 

6 and inserting ‘‘each year’’; 

7 (3) in subsection (d)— 

8 (A) in paragraph (1), by striking the para9 graph designation and all that follows through 

10 ‘‘Support’’ in paragraph (2)(A) and inserting 

11 ‘‘(1) Support’’; 

12 (B) by redesignating subparagraph (B) as 

13 paragraph (2); and 

14 (C) in paragraph (2), as so redesignated, 

15 by striking ‘‘subparagraph (A)’’ and inserting 

16 ‘‘paragraph (1)’’; and 

17 (4) in subsection (e)— 

18 (A) in paragraph (1), by striking ‘‘of title 

19 10, United States Code’’ and inserting ‘‘of this 

20 title’’; and 

21 (B) by striking the second paragraph (2). 

22 (c) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 15 of such title is amended 

24 by adding at the end the following new item: 

‘‘285. Authority for joint task forces to support law enforcement agencies conducting counterterrorism or counter-transnational organized 

crime activities.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
634 

•S 4049 RS

1 (d) CONFORMING REPEAL.—Section 1022 of the Na2 tional Defense Authorization Act for Fiscal Year 2004 is 

3 repealed. 

4 Subtitle C—Naval Vessels and 

5 Shipyards 

6 SEC. 1021. MODIFICATION OF AUTHORITY TO PURCHASE 

7 USED VESSELS WITH FUNDS IN THE NA8 TIONAL DEFENSE SEALIFT FUND. 

9 Section 2218(f)(3) of title 10, United States Code, 

10 is amended— 

11 (1) by striking subparagraphs (E) and (G); and 

12 (2) by redesignating subparagraph (F) as sub13 paragraph (E). 

14 SEC. 1022. WAIVER DURING WAR OR THREAT TO NATIONAL 

15 SECURITY OF RESTRICTIONS ON OVERHAUL, 

16 REPAIR, OR MAINTENANCE OF VESSELS IN 

17 FOREIGN SHIPYARDS. 

18 Section 8680 of title 10, United States Code, is 

19 amended— 

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing new subsection: (c) 

24 ‘‘(c) WAIVER.—(1) The Secretary of the Navy may 

25 waive the restrictions in subsections (a) and (b) for the 


pbinns on DSKJLVW7X2PROD with BILLS
635 

•S 4049 RS

1 duration of a period of threat to the national security in2 terests of the United States upon a written determination 

3 by the Secretary that such a waiver is necessary in the 

4 national security interest of the United States. 

5 ‘‘(2) Not later than 15 days after making a deter6 mination under paragraph (1), the Secretary shall provide 

7 to the congressional defense committees a written notifica8 tion on the determination. 

9 ‘‘(3) In this subsection, the term ‘period of threat to 

10 the national security interests of the United States’ means 

11 the following: 

12 ‘‘(A) A period of war. 

13 ‘‘(B) Any other period determined by Secretary 

14 of Defense in which the national security interests of 

15 the United States are threatened by the application, 

16 or the imminent danger of application, of physical 

17 force by any foreign government or agency against 

18 the United States, citizens of the United States, the 

19 property of citizens of the United States, or the 

20 commercial interests of citizens of the United 

21 States.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
636 

•S 4049 RS

1 SEC. 1023. MODIFICATION OF WAIVER AUTHORITY ON PRO2 HIBITION ON USE OF FUNDS FOR RETIRE3 MENT OF CERTAIN LEGACY MARITIME MINE 

4 COUNTERMEASURE PLATFORMS. 

5 (a) IN GENERAL.—Section 1046(b)(1) of the Na6 tional Defense Authorization Act for Fiscal Year 2018 

7 (Public law 115–91; 131 Stat. 1556) is amended by strik8 ing ‘‘certifies’’ and inserting ‘‘, with the concurrence of 

9 the Director of Operational Test and Evaluation, certifies 

10 in writing’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this Act, and shall apply with respect to waivers 

14 under subsection (b)(1) of section 1046 of the National 

15 Defense Authorization Act for Fiscal Year 2018 of the 

16 prohibition under subsection (a) of that section that occur 

17 on or after that date. 

18 SEC. 1024. EXTENSION OF AUTHORITY FOR REIMBURSE19 MENT OF EXPENSES FOR CERTAIN NAVY 

20 MESS OPERATIONS AFLOAT. 

21 Section 1014(b) of the Duncan Hunter National De22 fense Authorization Act for Fiscal Year 2009 (Public Law 

23 110–417; 122 Stat. 4585), as most recently amended by 

24 section 1023(a) of the National Defense Authorization Act 

25 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 966), 


pbinns on DSKJLVW7X2PROD with BILLS
637 

•S 4049 RS

1 is further amended by striking ‘‘September 30, 2020’’ and 

2 inserting ‘‘September 30, 2025’’. 

3 SEC. 1025. SENSE OF CONGRESS ON ACTIONS NECESSARY 

4 TO ACHIEVE A 355-SHIP NAVY. 

5 It is the sense of Congress that to achieve the na6 tional policy of the United States to have available, as soon 

7 as practicable, not fewer than 355 battle force ships— 

8 (1) the Navy must be adequately resourced to 

9 increase the size of the Navy in accordance with the 

10 national policy, which includes the associated ships, 

11 aircraft, personnel, sustainment, and munitions; 

12 (2) across fiscal years 2021 through 2025, the 

13 Navy should start construction on not fewer than— 

14 (A) 12 Arleigh Burke-class destroyers; 

15 (B) 10 Virginia-class submarines; 

16 (C) 2 Columbia-class submarines; 

17 (D) 3 San Antonio-class amphibious ships; 

18 (E) 1 LHA-class amphibious ship; 

19 (F) 6 John Lewis-class fleet oilers; and 

20 (G) 5 guided missile frigates; 

21 (3) new guided missile frigate construction 

22 should increase to a rate of between two and four 

23 ships per year once design maturity and construction 

24 readiness permit; 


pbinns on DSKJLVW7X2PROD with BILLS
638 

•S 4049 RS

1 (4) the Columbia-class submarine program 

2 should be funded with additions to the Navy budget 

3 significantly above the historical average, given the 

4 critical single national mission that these vessels will 

5 perform and the high priority of the shipbuilding 

6 budget for implementing the National Defense 

7 Strategy; 

8 (5) stable shipbuilding rates of construction 

9 should be maintained for each vessel class, utilizing 

10 multi-year or block buy contract authorities when 

11 appropriate, until a deliberate transition plan is 

12 identified; and 

13 (6) prototyping of potential new shipboard sub14 systems should be accelerated to build knowledge 

15 systematically, and, to the maximum extent prac16 ticable, shipbuilding prototyping should occur at the 

17 subsystem-level in advance of ship design. 

18 Subtitle D—Counterterrorism 

19 SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS 

20 FOR TRANSFER OR RELEASE OF INDIVID21 UALS DETAINED AT UNITED STATES NAVAL 

22 STATION, GUANTANAMO BAY, CUBA, TO THE 

23 UNITED STATES. 

24 Section 1033 of the John S. McCain National De25 fense Authorization Act for Fiscal Year 2019 (Public Law 


pbinns on DSKJLVW7X2PROD with BILLS
639 

•S 4049 RS

1 115–232; 132 Stat. 1953), as amended by section 1043 

2 of the National Defense Authorization Act for Fiscal Year 

3 2020 (Public Law 116–92), is further amended by strik4 ing ‘‘December 31, 2020’’ and inserting ‘‘December 31, 

5 2021’’. 

6 SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS 

7 TO CLOSE OR RELINQUISH CONTROL OF 

8 UNITED STATES NAVAL STATION, GUANTA9 NAMO BAY, CUBA. 

10 Section 1036 of the National Defense Authorization 

11 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 

12 1551), as most recently amended by section 1045 of the 

13 National Defense Authorization Act for Fiscal Year 2020 

14 (Public Law 116–92), is further amended by striking ‘‘fis15 cal year 2018, 2019, or 2020’’ and inserting ‘‘fiscal years 

16 2018 through 2021’’. 

17 SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS 

18 FOR TRANSFER OR RELEASE OF INDIVID19 UALS DETAINED AT UNITED STATES NAVAL 

20 STATION, GUANTANAMO BAY, CUBA, TO CER21 TAIN COUNTRIES. 

22 Section 1035 of the John S. McCain National De23 fense Authorization Act for Fiscal Year 2019 (Public Law 

24 115–232; 132 Stat. 1954), as amended by section 1042 

25 of the National Defense Authorization Act for Fiscal Year 


pbinns on DSKJLVW7X2PROD with BILLS
640 

•S 4049 RS

1 2020 (Public Law 116–92), is further amended by strik2 ing ‘‘December 31, 2020’’ and inserting ‘‘December 31, 

3 2021’’. 

4 SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS 

5 TO CONSTRUCT OR MODIFY FACILITIES IN 

6 THE UNITED STATES TO HOUSE DETAINEES 

7 TRANSFERRED FROM UNITED STATES NAVAL 

8 STATION, GUANTANAMO BAY, CUBA. 

9 Section 1034(a) of the John S. McCain National De10 fense Authorization Act for Fiscal Year 2019 (Public Law 

11 115–232; 132 Stat. 1954), as amended by section 1044 

12 of the National Defense Authorization Act for Fiscal Year 

13 2020 (Public Law 116–92), is further amended by strik14 ing ‘‘December 31, 2020’’ and inserting ‘‘December 31, 

15 2021’’. 

16 Subtitle E—Miscellaneous 

17 Authorities and Limitations 

18 SEC. 1041. INCLUSION OF DISASTER-RELATED EMERGENCY 

19 PREPAREDNESS ACTIVITIES AMONG LAW EN20 FORCEMENT ACTIVITIES AUTHORITIES FOR 

21 SALE OR DONATION OF EXCESS PERSONAL 

22 PROPERTY OF THE DEPARTMENT OF DE23 FENSE. 

24 (a) INCLUSION.—Subsection (a)(1)(A) of section 

25 2576a of title 10, United States Code, is amended by inVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
641 

•S 4049 RS

1 serting ‘‘disaster-related emergency preparedness,’’ after 

2 ‘‘counterterrorism,’’. 

3 (b) PREFERENCE IN TRANSFERS.—Subsection (d) of 

4 such section is amended to read as follows: 

5 ‘‘(d) PREFERENCE FOR CERTAIN TRANSFERS.—In 

6 considering applications for the transfer of personal prop7 erty under this section, the Secretary shall give a pref8 erence to applications indicating that the transferred prop9 erty will be used in the counterdrug, counterterrorism, dis10 aster-related emergency preparedness, or border security 

11 activities of the recipient agency. Applications that request 

12 vehicles used for disaster-related emergency preparedness, 

13 such as high-water rescue vehicles, should receive the 

14 highest preference.’’. 

15 SEC. 1042. EXPENDITURE OF FUNDS FOR DEPARTMENT OF 

16 DEFENSE CLANDESTINE ACTIVITIES THAT 

17 SUPPORT OPERATIONAL PREPARATION OF 

18 THE ENVIRONMENT. 

19 (a) AUTHORITY.—Subject to subsections (b) through 

20 (d), the Secretary of Defense may expend up to 

21 $15,000,000 in any fiscal year for clandestine activities 

22 for any purpose the Secretary determines to be proper for 

23 preparation of the environment for operations of a con24 fidential nature. Such a determination is final and conclu25 sive upon the accounting officers of the United States. The 


pbinns on DSKJLVW7X2PROD with BILLS
642 

•S 4049 RS

1 Secretary may certify the amount of any such expenditure 

2 authorized by the Secretary that the Secretary considers 

3 advisable not to specify, and the Secretary’s certificate is 

4 sufficient voucher for the expenditure of that amount. 

5 (b) FUNDS.—Funds for expenditures under this sec6 tion in a fiscal year shall be derived from amounts author7 ized to be appropriated for that fiscal year for operation 

8 and maintenance, Defense-wide. 

9 (c) LIMITATION ON DELEGATION.—The Secretary of 

10 Defense may not delegate the authority under this section 

11 with respect to any expenditure in excess of $100,000. 

12 (d) EXCLUSION OF INTELLIGENCE ACTIVITIES.— 

13 (1) IN GENERAL.—This section does not con14 stitute authority to conduct, or expend funds for, in15 telligence, counterintelligence, or intelligence-related 

16 activities. 

17 (2) DEFINITIONS.—In this subsection, the 

18 terms ‘‘intelligence’’ and ‘‘counterintelligence’’ have 

19 the meaning given those terms in section 3 of the 

20 National Security Act of 1947 (50 U.S.C. 3003). 

21 (e) ANNUAL REPORT.—Not later than December 31 

22 each year, the Secretary of Defense shall submit to the 

23 congressional defense committees a report on expenditures 

24 made under this section during the fiscal year preceding 

25 the year in which the report is submitted. Each report 


pbinns on DSKJLVW7X2PROD with BILLS
643 

•S 4049 RS

1 shall include, for each expenditure under this section dur2 ing the fiscal year covered by such report— 

3 (1) the amount and date of such expenditure; 

4 (2) a detailed description of the purpose for 

5 which such expenditure was made; 

6 (3) an explanation why other authorities avail7 able to the Department of Defense could not be used 

8 for such expenditure; and 

9 (4) any other matters the Secretary considers 

10 appropriate. 

11 SEC. 1043. CLARIFICATION OF AUTHORITY OF MILITARY 

12 COMMISSIONS UNDER CHAPTER 47A OF 

13 TITLE 10, UNITED STATES CODE, TO PUNISH 

14 CONTEMPT. 

15 (a) CLARIFICATION.— 

16 (1) IN GENERAL.—Subchapter IV of chapter 

17 47A of title 10, United States Code, is amended by 

18 adding at the end the following new section: 

19 ‘‘§ 949o–1. Contempt 

20 ‘‘(a) AUTHORITY TO PUNISH.—(1) With respect to 

21 any proceeding under this chapter, a judicial officer speci22 fied in paragraph (2) may punish for contempt any person 

23 who— 


pbinns on DSKJLVW7X2PROD with BILLS
644 

•S 4049 RS

1 ‘‘(A) uses any menacing word, sign, or gesture 

2 in the presence of the judicial officer during the pro3 ceeding; 

4 ‘‘(B) disturbs the proceeding by any riot or dis5 order; or 

6 ‘‘(C) willfully disobeys a lawful writ, process, 

7 order, rule, decree, or command issued with respect 

8 to the proceeding. 

9 ‘‘(2) A judicial officer referred to in paragraph (1) 

10 is any of the following: 

11 ‘‘(A) Any judge of the United States Court of 

12 Military Commission Review. 

13 ‘‘(B) Any military judge detailed to a military 

14 commission or any other proceeding under this chap15 ter. 

16 ‘‘(b) PUNISHMENT.—The punishment for contempt 

17 under subsection (a) may not exceed confinement for 30 

18 days, a fine of $1,000, or both. 

19 ‘‘(c) REVIEW.—(1) A punishment under this sec20 tion— 

21 ‘‘(A) is not reviewable by the convening author22 ity of a military commission under this chapter; 

23 ‘‘(B) if imposed by a military judge, shall con24 stitute a judgment, subject to review in the first in25 stance only by the United States Court of Military 


pbinns on DSKJLVW7X2PROD with BILLS
645 

•S 4049 RS

1 Commission Review and then only by the United 

2 States Court of Appeals for the District of Columbia 

3 Circuit; and 

4 ‘‘(C) if imposed by a judge of the United States 

5 Court of Military Commission Review, shall con6 stitute a judgment of the court subject to review 

7 only by the United States Court of Appeals for the 

8 District of Columbia Circuit. 

9 ‘‘(2) In reviewing a punishment for contempt imposed 

10 under this section, the reviewing court shall affirm such 

11 punishment unless the court finds that imposing such pun12 ishment was an abuse of the discretion of the judicial offi13 cer who imposed such punishment. 

14 ‘‘(3) A petition for review of punishment for contempt 

15 imposed under this section shall be filed not later than 

16 60 days after the date on which the authenticated record 

17 upon which the contempt punishment is based and any 

18 contempt proceedings conducted by the judicial officer are 

19 served on the person punished for contempt. 

20 ‘‘(d) PUNISHMENT NOT CONVICTION.—Punishment 

21 for contempt is not a conviction or sentence within the 

22 meaning of section 949m of this title. The imposition of 

23 punishment for contempt is not governed by other provi24 sions of this chapter applicable to military commissions, 

25 except that the Secretary of Defense may prescribe proceVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
646 

•S 4049 RS

1 dures for contempt proceedings and punishments, pursu2 ant to the authority provided in section 949a of this 

3 title.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of subchapter IV of such 

6 chapter is amended by adding at the end the fol7 lowing new item: 

‘‘949o–1. Contempt.’’. 

8 (b) CONFORMING AMENDMENTS.—Section 950t of 

9 title 10, United States Code, is amended— 

10 (1) by striking paragraph (31); and 

11 (2) by redesignating paragraph (32) as para12 graph (31). 

13 (c) RULE OF CONSTRUCTION.—The amendments 

14 made by subsections (a) and (b) shall not be construed 

15 to affect the lawfulness of any punishment for contempt 

16 adjudged prior to the effective date of such amendments. 

17 (d) APPLICABILITY.—The amendments made by sub18 sections (a) and (b) shall take effect on the date of the 

19 enactment of this Act, and shall apply with respect to con20 duct by a person that occurs on or after such date. 


pbinns on DSKJLVW7X2PROD with BILLS
647 

•S 4049 RS

1 SEC. 1044. PROHIBITION ON ACTIONS TO INFRINGE UPON 

2 FIRST AMENDMENT RIGHTS OF PEACEABLE 

3 ASSEMBLY AND PETITION FOR REDRESS OF 

4 GRIEVANCES. 

5 Amounts authorized to be appropriated by this Act 

6 shall not be used for any program, project, or activity, or 

7 any use of personnel, to conduct actions against United 

8 States citizens that infringe upon their rights under the 

9 First Amendment to the Constitution peaceably to assem10 ble and/or to petition the Government for a redress of 

11 grievances. 

12 SEC. 1045. ARCTIC PLANNING, RESEARCH, AND DEVELOP13 MENT. 

14 (a) ARCTIC PLANNING AND IMPLEMENTATION.— 

15 (1) IN GENERAL.—The Secretary of Defense 

16 and the Chairman of the Joint Chiefs of Staff shall 

17 begin planning and implementing such changes as 

18 may be necessary for requirements, training, equip19 ment, doctrine, and capability development of the 

20 Armed Forces should an expanded role of the Armed 

21 Forces in the Arctic be determined by the Secretary 

22 to be in the national security interests of the United 

23 States. 

24 (2) TRAINING.—In carrying out paragraph (1), 

25 the Secretary shall direct the Armed Forces to carry 


pbinns on DSKJLVW7X2PROD with BILLS
648 

•S 4049 RS

1 out training in the Arctic or training relevant to car2 rying out military operations in the Arctic. 

3 (b) ARCTIC RESEARCH AND DEVELOPMENT PRO4 GRAM.— 

5 (1) IN GENERAL.—If pursuant to subsection 

6 (a), the Secretary of Defense determines that an ex7 panded role for the Armed Forces is in the national 

8 security interests of the United States, the Secretary 

9 shall establish a research and development program 

10 on the current and future requirements and needs of 

11 the Armed Forces for operations in the Arctic. 

12 (2) ELEMENTS.—The program required by 

13 paragraph (1) shall include the following: 

14 (A) Development of materiel solutions for 

15 operating in extreme weather environments of 

16 the Arctic, including equipment for individual 

17 members of the Armed Forces, ground vehicles, 

18 and communications systems. 

19 (B) Development of a plan for fielding fu20 ture weapons platforms able to operate in Arc21 tic conditions for surface combatants, sub22 marines, aviation platforms, assault craft unit 

23 connectors, auxiliaries, littoral craft, unmanned 

24 aerial vehicles, and any other systems that may 

25 be needed in the Arctic. 


pbinns on DSKJLVW7X2PROD with BILLS
649 

•S 4049 RS

1 (C) Development of capabilities to monitor, 

2 assess, and predict environmental and weather 

3 conditions in the Arctic and their effect on mili4 tary operations. 

5 (D) Determining requirements for logistics 

6 and sustainment of the Armed Forces operating 

7 in the Arctic. 

8 SEC. 1046. CONSIDERATION OF SECURITY RISKS IN CER9 TAIN TELECOMMUNICATIONS ARCHITEC10 TURE FOR FUTURE OVERSEAS BASING DECI11 SIONS OF THE DEPARTMENT OF DEFENSE. 

12 The Secretary of Defense shall take into account the 

13 security risks of 5G and 6G telecommunications network 

14 architecture, including the use of telecommunications 

15 equipment provided by at-risk vendors such as Huawei 

16 Technologies Company, Ltd., and the Zhongxing Tele17 communications Equipment Corporation (ZTE), in all fu18 ture overseas stationing decisions of the Department of 

19 Defense, including— 

20 (1) security risks from threats to operational 

21 and information security of United States military 

22 personnel and equipment; and 

23 (2) the sufficiency of potential mitigation by the 

24 Department and the host nation concerned of such 


pbinns on DSKJLVW7X2PROD with BILLS
650 

•S 4049 RS

1 security risks, including through cost-sharing agree2 ments related to such mitigation. 

3 SEC. 1047. FOREIGN MILITARY TRAINING PROGRAMS. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Secure United States Bases Act’’. 

6 (b) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE DEFENSE COMMITTEES.— 

8 The term ‘‘appropriate defense committees’’ 

9 means— 

10 (A) the Committee on Armed Services of 

11 the Senate; and 

12 (B) the Committee on Armed Services of 

13 the House of Representatives. 

14 (2) COVERED INDIVIDUALS.—The term ‘‘cov15 ered individuals’’ means any foreign national (except 

16 foreign nationals of Australia, Canada, New Zea17 land, and the United Kingdom who have been grant18 ed a security clearance that is reciprocally accepted 

19 by the United States for access to classified informa20 tion) who— 

21 (A) is seeking physical access to a Depart22 ment of Defense installation or facility within 

23 the United States; and 

24 (B)(i) is selected, nominated, or accepted 

25 for training or education for a period of more 


pbinns on DSKJLVW7X2PROD with BILLS
651 

•S 4049 RS

1 than 30 days occurring on a Department of De2 fense installation or facility within the United 

3 States; or 

4 (ii) is an immediate family member accom5 panying any foreign national who has been se6 lected, nominated, or accepted for such training 

7 or education. 

8 (3) IMMEDIATE FAMILY MEMBER.—The term 

9 ‘‘immediate family member’’ means— 

10 (A) spouse; 

11 (B) parents and stepparents; 

12 (C) siblings, stepsiblings, and half-siblings; 

13 and 

14 (D) children and stepchildren. 

15 (4) UNITED STATES.—The term ‘‘United 

16 States’’ means the several States, the District of Co17 lumbia, the Commonwealth of Puerto Rico, and 

18 Guam. 

19 (c) ESTABLISHMENT OF VETTING PROCEDURES; 

20 MONITORING REQUIREMENTS FOR CERTAIN MILITARY

21 TRAINING.— 

22 (1) ESTABLISHMENT OF VETTING PROCE23 DURES.— 

24 (A) IN GENERAL.—Not later than 90 days 

25 after the date of the enactment of this Act, the 


pbinns on DSKJLVW7X2PROD with BILLS
652 

•S 4049 RS

1 Secretary of Defense shall establish procedures 

2 to vet covered individuals for eligibility for 

3 physical access to Department of Defense in4 stallations and facilities within the United 

5 States, including— 

6 (i) biographic and biometric screening 

7 of covered individuals; 

8 (ii) continuous review of whether cov9 ered individuals should continue to be au10 thorized such physical access; 

11 (iii) biographic checks of the covered 

12 individual’s immediate family members; 

13 and 

14 (iv) any other measures that the Sec15 retary of Defense determines appropriate 

16 for vetting. 

17 (B) INFORMATION REQUIRED.—The Sec18 retary of Defense shall identify the information 

19 required to conduct the vetting. 

20 (C) COLLECTION OF INFORMATION.—The 

21 Secretary of Defense shall— 

22 (i) collect information to vet individ23 uals under the procedures established 

24 under this subsection; and 


pbinns on DSKJLVW7X2PROD with BILLS
653 

•S 4049 RS

1 (ii) as required for the effective imple2 mentation of this section, shall seek to 

3 enter into agreements with the relevant 

4 Federal departments and agencies to facili5 tate the sharing of information in the pos6 session of such departments and agencies 

7 concerning the covered individuals. 

8 (2) DETERMINATION AUTHORITY.— 

9 (A) REVIEW.—The results of vetting— 

10 (i) will be reviewed within the Depart11 ment of Defense by an organization with 

12 an assigned security and counterintel13 ligence mission; and 

14 (ii) will be the basis for that organiza15 tion’s recommendation regarding whether 

16 physical access should be authorized by the 

17 appropriate authority. 

18 (B) EFFECT OF DENIAL.—If the organiza19 tion recommends that a covered individual not 

20 be authorized physical access to Department of 

21 Defense installations and facilities within the 

22 United States, such physical access may only be 

23 authorized for such covered individual by the 

24 Secretary of Defense or the Deputy Secretary 

25 of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
654 

•S 4049 RS

1 (C) NOTIFICATION.—The Secretary of 

2 State shall be notified of any covered individ3 uals who are not authorized physical access 

4 based on the results of the vetting under this 

5 subsection. 

6 (3) ADDITIONAL SECURITY MEASURES.—Begin7 ning on the date that is 181 days after the date of 

8 the enactment of this Act, the Secretary of Defense 

9 shall— 

10 (A) ensure that all Department of Defense 

11 Common Access Cards issued to foreign nation12 als in the United States— 

13 (i) comply with the credentialing 

14 standards issued by the Office of Personnel 

15 Management; and 

16 (ii) include a visual indicator, as re17 quired by the standard developed by the 

18 National Institute of Standards and Tech19 nology; 

20 (B) ensure that physical access by covered 

21 individuals is limited, as appropriate, to De22 partment of Defense installations or facilities 

23 within the United States that are directly asso24 ciated with their training or education or nec25 essary to access authorized benefits; 


pbinns on DSKJLVW7X2PROD with BILLS
655 

•S 4049 RS

1 (C) establish a policy regarding the posses2 sion of firearms on Department of Defense 

3 property by covered individuals; and 

4 (D) ensure that covered individuals who 

5 have been granted physical access are incor6 porated into the Department of Defense Insider 

7 Threat Program. 

8 (4) NOTIFICATION.—The Secretary of Defense 

9 shall notify the appropriate congressional committees 

10 of the establishment of the procedures required 

11 under paragraph (1). 

12 (d) REPORTING REQUIREMENTS.— 

13 (1) BRIEFING.—Not later than 90 days after 

14 the date of the enactment of this Act, the Secretary 

15 of Defense shall provide a briefing to the appro16 priate congressional committees regarding the estab17 lishment of any Department of Defense policy or 

18 guidance related to the implementation of this sec19 tion. 

20 (2) REPORT.—Not later than 2 years after the 

21 date of the enactment of this Act, the Secretary of 

22 Defense shall submit a report to the appropriate 

23 congressional committees regarding the impact and 

24 effects of this section, including— 


pbinns on DSKJLVW7X2PROD with BILLS
656 

•S 4049 RS

1 (A) any positive or negative impacts on the 

2 training of foreign military students; 

3 (B) the effectiveness of the vetting proce4 dures implemented in preventing harm to 

5 United States military personnel or commu6 nities; 

7 (C) how any of the negative impacts have 

8 been mitigated; and 

9 (D) a proposed plan to mitigate any ongo10 ing negative impacts to the vetting and training 

11 of foreign military students by the Department 

12 of Defense. 

13 SEC. 1048. REPORTING OF ADVERSE EVENTS RELATING TO 

14 CONSUMER PRODUCTS ON MILITARY INSTAL15 LATIONS. 

16 (a) IN GENERAL.—The Secretary of Defense shall 

17 ensure that any adverse event related to a consumer prod18 uct that occurs on a military installation is reported on 

19 the internet website saferproducts.gov. 

20 (b) DEFINITIONS.—In this section: 

21 (1) ADVERSE EVENT.—The term ‘‘adverse 

22 event’’ means— 

23 (A) any event that indicates that a con24 sumer product— 


pbinns on DSKJLVW7X2PROD with BILLS
657 

•S 4049 RS

1 (i) fails to comply with an applicable 

2 consumer product safety rule or with a vol3 untary consumer product safety standard 

4 upon which the Consumer Product Safety 

5 Commission has relied under section 9 of 

6 the Consumer Product Safety Act (15 

7 U.S.C. 2058); 

8 (ii) fails to comply with any other 

9 rule, regulation, standard, or ban under 

10 that Act or any other Act enforced by the 

11 Commission; 

12 (iii) contains a defect which could cre13 ate a substantial product hazard described 

14 in section 15(a)(2) of the Consumer Prod15 uct Safety Act (15 U.S.C. 2064(a)(2)); or 

16 (iv) creates an unreasonable risk of 

17 serious injury or death; or 

18 (B) any other harm described in subsection 

19 (b)(1)(A) of section 6A of the Consumer Prod20 uct Safety Act (15 U.S.C. 2055a) and required 

21 to be reported in the database established under 

22 subsection (a) of that section. 

23 (2) CONSUMER PRODUCT.—The term ‘‘con24 sumer product’’ has the meaning given that term in 


pbinns on DSKJLVW7X2PROD with BILLS
658 

•S 4049 RS

1 section 3 of the Consumer Product Safety Act (15 

2 U.S.C. 2052). 

3 SEC. 1049. INCLUSION OF UNITED STATES NAVAL SEA 

4 CADET CORPS AMONG YOUTH AND CHARI5 TABLE ORGANIZATIONS AUTHORIZED TO RE6 CEIVE ASSISTANCE FROM THE NATIONAL 

7 GUARD. 

8 Section 508(d) of title 32, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (14) as para11 graph (15); and 

12 (2) by inserting after paragraph (13) the fol13 lowing new paragraph (14): 

14 ‘‘(14) The United States Naval Sea Cadet 

15 Corps.’’. 

16 SEC. 1050. DEPARTMENT OF DEFENSE POLICY FOR THE 

17 REGULATION OF DANGEROUS DOGS. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 date of the enactment of this Act, the Secretary of De20 fense, through the Veterinary Service Activity of the De21 partment of Defense, shall establish a standardized policy 

22 applicable across all military communities for the regula23 tion of dangerous dogs that is— 

24 (1) breed-neutral; and 


pbinns on DSKJLVW7X2PROD with BILLS
659 

•S 4049 RS

1 (2) consistent with advice from professional vet2 erinary and animal behavior experts in regard to ef3 fective regulation of dangerous dogs. 

4 (b) REGULATIONS.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary shall prescribe regulations implementing the 

8 policy established under subsection (a). 

9 (2) BEST PRACTICES.—The regulations pre10 scribed under paragraph (1) shall include strategies, 

11 for implementation within all military communities, 

12 for the prevention of dog bites that are consistent 

13 with the following best practices: 

14 (A) Enforcement of comprehensive, non15 breed-specific regulations relating to dangerous 

16 dogs, with emphasis on identification of dan17 gerous dog behavior and chronically irrespon18 sible owners. 

19 (B) Enforcement of animal control regula20 tions, such as leash laws and stray animal con21 trol policies. 

22 (C) Promotion and communication of re23 sources for pet spaying and neutering. 

24 (D) Investment in community education 

25 initiatives, such as teaching criteria for pet seVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
660 

•S 4049 RS

1 lection, pet care best practices, owner respon2 sibilities, and safe and appropriate interaction 

3 with dogs. 

4 (c) MILITARY COMMUNITIES DEFINED.—In this sec5 tion, the term ‘‘military communities’’ means— 

6 (1) all installations of the Department; and 

7 (2) all military housing, including privatized 

8 military housing under subchapter IV of chapter 169 

9 of title 10, United States Code. 

10 SEC. 1051. SENSE OF CONGRESS ON THE BASING OF KC–46A 

11 AIRCRAFT OUTSIDE THE CONTIGUOUS 

12 UNITED STATES. 

13 It is the sense of Congress that the Secretary of the 

14 Air Force, as part of the strategic basing process for KC– 

15 46A aircraft at installations outside the contiguous United 

16 States (OCONUS), should— 

17 (1) consider the benefits derived from basing 

18 such aircraft at locations that— 

19 (A) support day-to-day air refueling oper20 ations, operations plans of multiple combatant 

21 commands, and flexibility for contingency oper22 ations; 

23 (B) have— 


pbinns on DSKJLVW7X2PROD with BILLS
661 

•S 4049 RS

1 (i) a strategic location that is essen2 tial to the defense of the United States 

3 and its interests; 

4 (ii) receivers for boom or probe-and5 drogue combat training opportunities with 

6 joint and international partners; and 

7 (iii) sufficient airfield and airspace 

8 availability and capacity to meet require9 ments; 

10 (C) possess facilities that take full advan11 tage of existing infrastructure to provide— 

12 (i) runway, hangars, and aircrew and 

13 maintenance operations; and 

14 (ii) sufficient fuel receipt, storage, and 

15 distribution for 5-day peacetime operating 

16 stock; and 

17 (D) minimize overall construction and 

18 operational costs; 

19 (2) prioritize United States responsiveness and 

20 flexibility to continued long-term great power com21 petition and other major threats, as outlined in the 

22 2017 National Security Strategy and the 2018 Na23 tional Defense Strategy; and 


pbinns on DSKJLVW7X2PROD with BILLS
662 

•S 4049 RS

1 (3) take into account the advancement of adver2 sary weapons systems, with respect to both capacity 

3 and range. 

4 Subtitle F—Studies and Reports 

5 SEC. 1061. REPORT ON POTENTIAL IMPROVEMENTS TO 

6 CERTAIN MILITARY EDUCATIONAL INSTITU7 TIONS OF THE DEPARTMENT OF DEFENSE. 

8 (a) REPORT REQUIRED.— 

9 (1) IN GENERAL.—Not later than December 1, 

10 2021, the Secretary of Defense shall submit to the 

11 Committees on Armed Services of the Senate and 

12 the House of Representatives a report setting forth 

13 the results of a review and assessment, obtained by 

14 the Secretary for purposes of the report, of the po15 tential effects on the military education provided by 

16 the educational institutions of the Department of 

17 Defense specified in subsection (b) of the actions de18 scribed in subsection (c). 

19 (2) CONDUCTING ORGANIZATION.—The review 

20 and assessment required for purposes of the report 

21 shall be performed by an organization selected by 

22 the Secretary from among organizations independent 

23 of the Department that have expertise in the anal24 ysis of matters in connection with higher education. 


pbinns on DSKJLVW7X2PROD with BILLS
663 

•S 4049 RS

1 (b) EDUCATIONAL INSTITUTIONS OF THE DEPART2 MENT OF DEFENSE.—The educational institutions of the 

3 Department of Defense specified in this subsection are the 

4 following: 

5 (1) The senior level service schools and inter6 mediate level service schools (as such terms are de7 fined in section 2151(b) of title 10, United States 

8 Code). 

9 (2) The Air Force Institute of Technology. 

10 (3) The National Defense University. 

11 (4) The Joint Special Operations University. 

12 (5) The Army Armament Graduate School. 

13 (6) Any other military educational institution of 

14 the Department specified by the Secretary for pur15 poses of this section. 

16 (c) ACTIONS.—The actions described in this sub17 section with respect to the educational institutions of the 

18 Department of Defense specified in subsection (b) are the 

19 following: 

20 (1) Modification of admission and graduation 

21 requirements. 

22 (2) Expansion of use of case studies in cur23 ricula for professional military education. 

24 (3) Reduction or expansion of degree-granting 

25 authority. 


pbinns on DSKJLVW7X2PROD with BILLS
664 

•S 4049 RS

1 (4) Reduction or expansion of the acceptance of 

2 research grants. 

3 (5) Reduction of the number of attending stu4 dents generally. 

5 (6) Modification of military personnel career 

6 milestones in order to prioritize instructor positions. 

7 (7) Increase in educational and performance re8 quirements for military personnel selected to be in9 structors. 

10 (8) Expansion of ‘‘visiting’’ or ‘‘adjunct’’ fac11 ulty. 

12 (9) Modification of civilian faculty management 

13 practices, including employment practices. 

14 (10) Reduction of the number of attending stu15 dents through the sponsoring of education of an in16 creased number of students at non-Department of 

17 Defense institutions of higher education. 

18 (11) Modification of enlisted personnel manage19 ment and career milestones to increase attendance 

20 at non-Department of Defense institutions of higher 

21 education 

22 (d) ADDITIONAL ELEMENTS.—In addition to the 

23 matters described in subsection (a), the review and report 

24 under this section shall also include the following: 


pbinns on DSKJLVW7X2PROD with BILLS
665 

•S 4049 RS

1 (1) A comparison of admission standards and 

2 graduation requirements of the educational institu3 tions of the Department of Defense specified in sub4 section (b) with admission standards and graduation 

5 requirements of public and private institutions of 

6 higher education that are comparable to the edu7 cational institutions of the Department of Defense. 

8 (2) A comparison of the goals and missions of 

9 the educational institutions of the Department of 

10 Defense specified in subsection (b) with the goals 

11 and missions of such public and private institutions 

12 of higher education. 

13 (3) Any other matters the Secretary considers 

14 appropriate for purposes of this section. 

15 (e) JCS EVALUATION OF REVIEW AND ASSESS16 MENT.—Not later than 90 days after the date on which 

17 the report required by subsection (a) is submitted to Con18 gress, the Chairman of the Joint Chiefs of Staff shall, in 

19 consultation with the other members of the Joint Chiefs 

20 of Staff, submit to the Committees on Armed Services of 

21 the Senate and the House of Representatives a report set22 ting forth any evaluation by the Joint Chiefs of Staff of 

23 the review and assessment covered by the report under 

24 subsection (a). 


pbinns on DSKJLVW7X2PROD with BILLS
666 

•S 4049 RS

1 SEC. 1062. REPORTS ON STATUS AND MODERNIZATION OF 

2 THE NORTH WARNING SYSTEM. 

3 (a) REPORT ON STATUS.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of the enactment of this Act, the Secretary 

6 of Defense shall submit to the congressional defense 

7 committees a report on the status of the North 

8 Warning System. 

9 (2) ELEMENTS.—The report under paragraph 

10 (1) shall include the following: 

11 (A) A description and assessment of the 

12 status and operational integrity of the infra13 structure of the North Warning System. 

14 (B) An assessment of the technology cur15 rently used by the North Warning System com16 pared with the technology considered necessary 

17 by the Commander of the North American 

18 Aerospace Defense Command to detect current 

19 and anticipated threats. 

20 (C) An assessment of the infrastructure 

21 and ability of the Alaska Radar System to inte22 grate into the broader North Warning System. 

23 (D) An assessment of the ability of the 

24 North Warning System to integrate with cur25 rent and anticipated space-based sensor plat26 forms. 


pbinns on DSKJLVW7X2PROD with BILLS
667 

•S 4049 RS

1 (b) REPORT ON PLAN FOR MODERNIZATION.— 

2 (1) IN GENERAL.—Not later than one year 

3 after the date of the enactment of this Act, the Sec4 retary shall submit to the congressional defense com5 mittees a report setting forth a plan for the mod6 ernization of the capabilities provided by the current 

7 North Warning System. 

8 (2) ELEMENTS.—The plan under paragraph (1) 

9 shall include the following: 

10 (A) A detailed timeline for the moderniza11 tion of the North Warning System based on the 

12 status of the system as reported pursuant to 

13 subsection (a). 

14 (B) The technological advancements nec15 essary for ground-based North Warning System 

16 sites to address current and anticipated threats 

17 (as specified by the Commander of the North 

18 American Aerospace Defense Command). 

19 (C) An assessment of the number of future 

20 North Warning System sites required in order 

21 to address current and anticipated threats (as 

22 so specified). 

23 (D) Any new or complementary tech24 nologies required to accomplish the mission of 

25 the North Warning System. 


pbinns on DSKJLVW7X2PROD with BILLS
668 

•S 4049 RS

1 (E) The cost and schedule, by year, of the 

2 plan. 

3 SEC. 1063. STUDIES ON THE FORCE STRUCTURE FOR MA4 RINE CORPS AVIATION. 

5 (a) STUDIES REQUIRED.—The Secretary of Defense 

6 shall provide for performance of three studies on the force 

7 structure for Marine Corps aviation through 2030. 

8 (b) RESPONSIBILITY FOR STUDIES.—One of the 

9 three studies performed pursuant to subsection (a) shall 

10 be performed by each of the following: 

11 (1) The Secretary of the Navy, in consultation 

12 with the Commandant of the Marine Corps. 

13 (2) An appropriate Federally funded research 

14 and development center (FFRDC), as selected by 

15 the Secretary for purposes of this section. 

16 (3) An appropriate organization described in 

17 section 501(c)(3) of the Internal Revenue Code of 

18 1986 which is exempt from taxation under section 

19 501(a) of such code, as selected by the Secretary for 

20 purposes of this section. 

21 (c) PERFORMANCE.— 

22 (1) INDEPENDENT PERFORMANCE.—Each 

23 study performed pursuant to subsection (a) shall be 

24 performed independently of each other such study, 


pbinns on DSKJLVW7X2PROD with BILLS
669 

•S 4049 RS

1 (2) MATTERS TO BE CONSIDERED.—In per2 forming a study pursuant to subsection, the officer 

3 or entity performing the study take into account, 

4 within the context of the current force structure for 

5 Marine Corps aviation, the following: 

6 (A) The 2018 National Defense Strategy 

7 and the 2018 National Military Strategy. 

8 (B) The Marine Corps Force Design 2030. 

9 (C) Potential roles and missions for Ma10 rine Corps aviation given new operating con11 cepts for the Marine Corps. 

12 (D) The potential for increased require13 ments for survivable and dispersed strike air14 craft. 

15 (E) The potential for increased require16 ments for tactical or intratheater lift, amphib17 ious lift, or surface connectors. 

18 (d) STUDY RESULTS.—The results of each study per19 formed pursuant to subsection (a) shall include the fol20 lowing: 

21 (1) The various force structures for Marine 

22 Corps aviation through 2030 considered under such 

23 study, together with the assumptions and possible 

24 scenarios identified for each such force structure. 


pbinns on DSKJLVW7X2PROD with BILLS
670 

•S 4049 RS

1 (2) A recommendation for the force structure 

2 for Marine Corps aviation through 2030, including 

3 the following in connection with such force structure: 

4 (A) Numbers and type of aviation assets, 

5 numbers and types of associated unmanned as6 sets, and basic capabilities of each such asset. 

7 (B) A description and assessment of the 

8 deviation of such force structure from the most 

9 recent Marine Corps Aviation Plan. 

10 (C) Any other information required for as11 sessment of such force structure, including sup12 porting analysis. 

13 (3) A presentation and discussion of minority 

14 views among participants in such study. 

15 (e) REPORT.— 

16 (1) IN GENERAL.—Not later than April 1, 

17 2021, the Secretary of Defense shall submit to the 

18 congressional defense committees a report setting 

19 forth the results of each study performed pursuant 

20 to subsection (a). 

21 (2) FORM.—The report under this subsection 

22 shall be submitted in unclassified form, but may in23 clude a classified annex. 


pbinns on DSKJLVW7X2PROD with BILLS
671 

•S 4049 RS

1 Subtitle G—Other Matters 

2 SEC. 1081. DEPARTMENT OF DEFENSE STRATEGIC ARCTIC 

3 PORTS. 

4 (a) REPORT.—Not later than March 1, 2021, the 

5 Secretary of Defense shall submit to the congressional de6 fense committees a report setting forth an updated assess7 ment of the estimated cost of constructing, maintaining, 

8 and operating a strategic port in the Arctic at each poten9 tial site evaluated in the report pursuant to section 

10 1752(b) of the National Defense Authorization Act for 

11 Fiscal Year 2020 (Public Law 116–92). The report under 

12 this subsection shall include, for each potential site at 

13 which construction of such a port could be completed by 

14 2030, an estimate of the number of days per year that 

15 such port would be usable by vessels of the Navy and the 

16 Coast Guard. 

17 (b) DESIGNATION OF STRATEGIC ARCTIC PORTS.— 

18 Not later than 90 days after the date on which the report 

19 required by subsection (a) is submitted, the Secretary of 

20 Defense may, in consultation with the Chairman of the 

21 Joint Chiefs of Staff, the Commanding General of the 

22 United States Army Corps of Engineers, the Commandant 

23 of the Coast Guard, and the Administrator of the Mari24 time Administration, designate one or more ports as DeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
672 

•S 4049 RS

1 partment of Defense Strategic Arctic Ports from the sites 

2 identified in the report referred to in subsection (a). 

3 (c) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to authorize any additional appro5 priations for the Department of Defense for the establish6 ment of any port designated pursuant to this section. 

7 (d) ARCTIC DEFINED.—In this section, the term 

8 ‘‘Arctic’’ has the meaning given that term in section 112 

9 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 

10 4111). 

11 SEC. 1082. PERSONAL PROTECTIVE EQUIPMENT MATTERS. 

12 (a) BRIEFINGS ON FIELDING OF NEWEST GENERA13 TIONS OF PPE TO THE ARMED FORCES.— 

14 (1) BRIEFINGS REQUIRED.—Not later than 

15 January 31, 2021, each Secretary of a military de16 partment shall submit to Congress a briefing on the 

17 fielding of the newest generations of personal protec18 tive equipment (PPE) to the Armed Forces under 

19 the jurisdiction of such Secretary. 

20 (2) ELEMENTS.—Each briefing under para21 graph (1) shall include, for each Armed Force cov22 ered by such briefing, the following: 

23 (A) A description and assessment of the 

24 fielding of newest generations of personal proVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
673 

•S 4049 RS

1 tective equipment to members of such Armed 

2 Force, including the following: 

3 (i) The number (aggregated by total 

4 number and by sex) of members of such 

5 Armed Force issued the Army Soldiers 

6 Protective System and the Modular Scal7 able Vest Generation II body armor as of 

8 December 31, 2020. 

9 (ii) The number (aggregated by total 

10 number and by sex) of members of such 

11 Armed Force issued Marine Corps Plate 

12 Carrier Generation III (PC Gen III) body 

13 armor as of that date. 

14 (iii) The number (aggregated by total 

15 number and by sex) of members of such 

16 Armed Force fitted with legacy personal 

17 protective equipment as of that date. 

18 (B) A description and assessment of the 

19 barriers, if any, to the fielding of such genera20 tions of equipment to such members. 

21 (C) A description and assessment of chal22 lenges in the fielding of such generations of 

23 equipment to such members, including cost 

24 overruns, contractor delays, and other chal25 lenges. 


pbinns on DSKJLVW7X2PROD with BILLS
674 

•S 4049 RS

1 (b) SYSTEM FOR TRACKING DATA ON INJURIES

2 AMONG MEMBERS OF THE ARMED FORCES IN USE OF

3 NEWEST GENERATION PPE.— 

4 (1) SYSTEM REQUIRED.— 

5 (A) IN GENERAL.—The Director of the 

6 Defense Health Agency (DHA) shall develop 

7 and maintain a system for tracking data on in8 juries among members of the Armed Forces in 

9 and during the use of newest generation per10 sonal protective equipment. 

11 (B) SCOPE OF SYSTEM.—The system re12 quired by this paragraph may, at the election of 

13 the Director, be new for purposes of this sub14 section or within or a modification of an appro15 priate existing system (such as the Defense Oc16 cupational And Environmental Health Readi17 ness System (DOEHRS)). 

18 (2) BRIEFING.—Not later than January 31, 

19 2025, the Director shall submit to Congress a brief20 ing on the prevalence among members of the Armed 

21 Forces of preventable injuries attributable to ill-fit22 ting or malfunctioning personal protective equip23 ment. 


pbinns on DSKJLVW7X2PROD with BILLS
675 

•S 4049 RS

1 (c) ASSESSMENTS OF MEMBERS OF THE ARMED

2 FORCES OF INJURIES INCURRED IN CONNECTION WITH

3 ILL-FITTING OR MALFUNCTIONING PPE.— 

4 (1) IN GENERAL.—Each health assessment 

5 specified in paragraph (2) that is undertaken after 

6 the date of the enactment of this Act shall include 

7 the following: 

8 (A) One or more questions on whether 

9 members incurred an injury in connection with 

10 ill-fitting or malfunctioning personal protective 

11 equipment during the period covered by such 

12 assessment, including the nature of such injury. 

13 (B) In the case members who have so in14 curred such an injury, one or more elements of 

15 self-evaluation of such injury by such members 

16 for purposes of facilitating timely documenta17 tion and enhanced monitoring of such members 

18 and injuries. 

19 (2) ASSESSMENTS.—The health assessments 

20 specified in this paragraph are the following: 

21 (A) The annual Periodic Health Assess22 ment (PHA) of members of the Armed Forces. 

23 (B) The post-deployment health assess24 ment of members of the Armed Forces. 


pbinns on DSKJLVW7X2PROD with BILLS
676 

•S 4049 RS

1 SEC. 1083. ESTIMATE OF DAMAGES FROM FEDERAL COM2 MUNICATIONS COMMISSION ORDER 20–48. 

3 (a) LIMITATION, ESTIMATE, AND CERTIFICATION.— 

4 None of the funds authorized to be appropriated by this 

5 Act for fiscal year 2021 may be used by the Secretary 

6 of Defense to comply with the Order and Authorization 

7 adopted by the Federal Communications Commission on 

8 April 19, 2020 (FCC 20–48) until the Secretary— 

9 (1) submits to the congressional defense com10 mittees an estimate of the extent of covered costs 

11 and the range of eligible reimbursable costs associ12 ated with interference resulting from such order and 

13 authorization to the Global Positioning System of 

14 the Department of Defense; and 

15 (2) certifies to the congressional defense com16 mittees that the estimate submitted under para17 graph (1) is accurate with a high degree of cer18 tainty. 

19 (b) COVERED COSTS.—For purposes of this section, 

20 covered costs include costs that would be incurred— 

21 (1) to upgrade, repair, or replace potentially af22 fected receivers of the Federal Government; 

23 (2) to modify, repair, or replace equipment, 

24 spares, associated ancillary equipment, software, fa25 cilities, operating manuals, training, or compliance 

26 with regulations, including with regard to the underVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
677 

•S 4049 RS

1 lying platform or system in which a capability of the 

2 Global Positioning System is embedded; and 

3 (3) for personnel of the Department to engi4 neer, validate, and verify that any required remedi5 ation provides the Department with the same oper6 ational capability for the affected system prior to 

7 terrestrial operation in the 1525 to 1559 megahertz 

8 or 1626.5 to 1660.5 megahertz bands of electro9 magnetic spectrum. 

10 (c) RANGE OF ELIGIBLE REIMBURSABLE COSTS.— 

11 For purposes of this section, the range of eligible reim12 bursable costs includes— 

13 (1) costs associated with engineering, equip14 ment, software, site acquisition, and construction; 

15 (2) any transaction expense that the Secretary 

16 determines is legitimate and prudent; 

17 (3) costs relating to term-limited Federal civil 

18 servant and contractor staff; and 

19 (4) the costs of research, engineering studies, or 

20 other expenses the Secretary determines reasonably 

21 incurred. 

22 SEC. 1084. MODERNIZATION EFFORT. 

23 (a) DEFINITIONS.—In this section— 


pbinns on DSKJLVW7X2PROD with BILLS
678 

•S 4049 RS

1 (1) the term ‘‘Assistant Secretary’’ means the 

2 Assistant Secretary of Commerce for Communica3 tions and Information; 

4 (2) the term ‘‘covered agency’’— 

5 (A) means any Federal entity that the As6 sistant Secretary determines is appropriate; and 

7 (B) includes the Department of Defense; 

8 (3) the term ‘‘Federal entity’’ has the meaning 

9 given the term in section 113(l) of the National 

10 Telecommunications and Information Administration 

11 Organization Act (47 U.S.C. 923(l)); 

12 (4) the term ‘‘Federal spectrum’’ means fre13 quencies assigned on a primary basis to a covered 

14 agency; 

15 (5) the term ‘‘infrastructure’’ means informa16 tion technology systems and information tech17 nologies, tools, and databases; and 

18 (6) the term ‘‘NTIA’’ means the National Tele19 communications and Information Administration. 

20 (b) INITIAL INTERAGENCY SPECTRUM INFORMATION

21 TECHNOLOGY COORDINATION.—Not later than 90 days 

22 after the date of enactment of this Act, the Assistant Sec23 retary, in consultation with the Policy and Plans Steering 

24 Group, shall identify a process to establish goals, including 

25 parameters to measure the achievement of those goals, for 


pbinns on DSKJLVW7X2PROD with BILLS
679 

•S 4049 RS

1 the modernization of the infrastructure of covered agen2 cies relating to managing the use of Federal spectrum by 

3 those agencies, which shall include— 

4 (1) the standardization of data inputs, modeling 

5 algorithms, modeling and simulation processes, anal6 ysis tools with respect to Federal spectrum, assump7 tions, and any other tool to ensure interoperability 

8 and functionality with respect to that infrastructure; 

9 (2) other potential innovative technological ca10 pabilities with respect to that infrastructure, includ11 ing cloud-based databases, artificial intelligence tech12 nologies, automation, and improved modeling and 

13 simulation capabilities; 

14 (3) ways to improve the management of covered 

15 agencies’ use of Federal spectrum through that in16 frastructure, including by— 

17 (A) increasing the efficiency of that infra18 structure; 

19 (B) addressing validation of usage with re20 spect to that infrastructure; 

21 (C) increasing the accuracy of that infra22 structure; 

23 (D) validating models used by that infra24 structure; and 


pbinns on DSKJLVW7X2PROD with BILLS
680 

•S 4049 RS

1 (E) monitoring and enforcing requirements 

2 that are imposed on covered agencies with re3 spect to the use of Federal spectrum by covered 

4 agencies; 

5 (4) ways to improve the ability of covered agen6 cies to meet mission requirements in congested envi7 ronments with respect to Federal spectrum, includ8 ing as part of automated adjustments to operations 

9 based on changing conditions in those environments; 

10 (5) the creation of a time-based automated 

11 mechanism— 

12 (A) to share Federal spectrum between 

13 covered agencies to collaboratively and dynami14 cally increase access to Federal spectrum by 

15 those agencies; and 

16 (B) that could be scaled across Federal 

17 spectrum; and 

18 (6) the collaboration between covered agencies 

19 necessary to ensure the interoperability of Federal 

20 spectrum. 

21 (c) SPECTRUM INFORMATION TECHNOLOGY MOD22 ERNIZATION.— 

23 (1) IN GENERAL.—Not later than 240 days 

24 after the date of enactment of this Act, the Assist25 ant Secretary shall submit to Congress a report that 


pbinns on DSKJLVW7X2PROD with BILLS
681 

•S 4049 RS

1 contains the plan of the NTIA to modernize and 

2 automate the infrastructure of the NTIA relating to 

3 managing the use of Federal spectrum by covered 

4 agencies so as to more efficiently manage that use. 

5 (2) CONTENTS.—The report required under 

6 paragraph (1) shall include— 

7 (A) an assessment of the current, as of the 

8 date on which the report is submitted, infra9 structure of the NTIA described in that para10 graph; 

11 (B) an acquisition strategy for the modern12 ized infrastructure of the NTIA described in 

13 that paragraph, including how that modernized 

14 infrastructure will enable covered agencies to be 

15 more efficient and effective in the use of Fed16 eral spectrum; 

17 (C) a timeline for the implementation of 

18 the modernization efforts described in that 

19 paragraph; 

20 (D) plans detailing how the modernized in21 frastructure of the NTIA described in that 

22 paragraph will— 

23 (i) enhance the security and reliability 

24 of that infrastructure so that such infra25 structure satisfies the requirements of subVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
682 

•S 4049 RS

1 chapter II of chapter 35 of title 44, United 

2 States Code; 

3 (ii) improve data models and analysis 

4 tools to increase the efficiency of the spec5 trum use described in that paragraph; 

6 (iii) enhance automation and 

7 workflows, and reduce the scope and level 

8 of manual effort, in order to— 

9 (I) administer the management 

10 of the spectrum use described in that 

11 paragraph; and 

12 (II) improve data quality and 

13 processing time; and 

14 (iv) improve the timeliness of spec15 trum analyses and requests for informa16 tion, including requests submitted pursu17 ant to section 552 of title 5, United States 

18 Code; 

19 (E) an operations and maintenance plan 

20 with respect to the modernized infrastructure of 

21 the NTIA described in that paragraph; 

22 (F) a strategy for coordination between the 

23 covered agencies within the Policy and Plans 

24 Steering Group, which shall include— 

25 (i) a description of— 


pbinns on DSKJLVW7X2PROD with BILLS
683 

•S 4049 RS

1 (I) those coordination efforts, as 

2 in effect on the date on which the re3 port is submitted; and 

4 (II) a plan for coordination of 

5 those efforts after the date on which 

6 the report is submitted, including with 

7 respect to the efforts described in sub8 section (d); 

9 (ii) a plan for standardizing— 

10 (I) electromagnetic spectrum 

11 analysis tools; 

12 (II) modeling and simulation 

13 processes and technologies; and 

14 (III) databases to provide tech15 nical interference assessments that 

16 are usable across the Federal Govern17 ment as part of a common spectrum 

18 management infrastructure for cov19 ered agencies; 

20 (iii) a plan for each covered agency to 

21 implement a modernization plan described 

22 in subsection (d)(1) that is tailored to the 

23 particular timeline of the agency; 

24 (G) identification of manually intensive 

25 processes involved in managing Federal specVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
684 

•S 4049 RS

1 trum and proposed enhancements to those proc2 esses; 

3 (H) metrics to evaluate the success of the 

4 modernization efforts described in that para5 graph and any similar future efforts; and 

6 (I) an estimate of the cost of the mod7 ernization efforts described in that paragraph 

8 and any future maintenance with respect to the 

9 modernized infrastructure of the NTIA de10 scribed in that paragraph, including the cost of 

11 any personnel and equipment relating to that 

12 maintenance. 

13 (d) INTERAGENCY INPUTS.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the head of each 

16 covered agency shall submit to the Assistant Sec17 retary and the Policy and Plans Steering Group a 

18 report that describes the plan of the agency to mod19 ernize the infrastructure of the agency with respect 

20 to the use of Federal spectrum by the agency so that 

21 such modernized infrastructure of the agency is 

22 interoperable with the modernized infrastructure of 

23 the NTIA, as described in subsection (c). 


pbinns on DSKJLVW7X2PROD with BILLS
685 

•S 4049 RS

1 (2) CONTENTS.—Each report submitted by the 

2 head of a covered agency under paragraph (1) 

3 shall— 

4 (A) include— 

5 (i) an assessment of the current, as of 

6 the date on which the report is submitted, 

7 management capabilities of the agency 

8 with respect to the use of frequencies that 

9 are assigned to the agency, which shall in10 clude a description of any challenges faced 

11 by the agency with respect to that manage12 ment; 

13 (ii) a timeline for completion of the 

14 modernization efforts described in that 

15 paragraph; and 

16 (iii) a description of potential innova17 tive technological capabilities for the man18 agement of frequencies that are assigned 

19 to the agency, as determined under sub20 section (b); 

21 (iv) identification of agency-specific 

22 requirements or constraints relating to the 

23 infrastructure of the agency; 

24 (v) identification of any existing, as of 

25 the date on which the report is submitted, 


pbinns on DSKJLVW7X2PROD with BILLS
686 

•S 4049 RS

1 systems of the agency that are duplicative 

2 of the modernized infrastructure of the 

3 NTIA, as proposed under subsection (c); 

4 and 

5 (vi) with respect to the report sub6 mitted by the Secretary of Defense— 

7 (I) a strategy for the integration 

8 of systems or the flow of data among 

9 the Armed Forces, the military de10 partments, the Defense Agencies and 

11 Department of Defense Field Activi12 ties, and other components of the De13 partment of Defense; 

14 (II) a plan for the implementa15 tion of solutions to the use of Federal 

16 spectrum by the Department of De17 fense involving information at multiple 

18 levels of classification; and 

19 (III) a strategy for addressing, 

20 within the modernized infrastructure 

21 of the Department of Defense de22 scribed in that paragraph, the ex23 change of information between the 

24 Department of Defense and the NTIA 

25 in order to accomplish required procVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
687 

•S 4049 RS

1 essing of all Department of Defense 

2 domestic spectrum coordination and 

3 management activities; and 

4 (B) be submitted in an unclassified format, 

5 with a classified annex, as appropriate. 

6 (3) NOTIFICATION OF CONGRESS.—Upon sub7 mission of the report required under paragraph (1), 

8 the head of each covered agency shall notify Con9 gress that the head of the covered agency has sub10 mitted the report. 

11 (e) GAO OVERSIGHT.—The Comptroller General of 

12 the United States shall— 

13 (1) not later than 90 days after the date of en14 actment of this Act, conduct a review of the infra15 structure of covered agencies, as that infrastructure 

16 exists on the date of enactment of this Act; 

17 (2) after all of the reports required under sub18 section (d) have been submitted, conduct oversight 

19 of the implementation of the modernization plans 

20 submitted by the NTIA and covered agencies under 

21 subsections (c) and (d), respectively; 

22 (3) not later than 1 year after the date on 

23 which the Comptroller General begins conducting 

24 oversight under paragraph (2), and annually there25 after, submit a report regarding that oversight to— 


pbinns on DSKJLVW7X2PROD with BILLS
688 

•S 4049 RS

1 (A) with respect to the implementation of 

2 the modernization plan of the Department of 

3 Defense, the Committee on Armed Services of 

4 the Senate and the Committee on Armed Serv5 ices of the House of Representatives; and 

6 (B) with respect to the implementation of 

7 the modernization plans of all covered agencies, 

8 including the Department of Defense, the Com9 mittee on Commerce, Science, and Transpor10 tation of the Senate and the Committee on En11 ergy and Commerce of the House of Represent12 atives; and 

13 (4) provide regular briefings to— 

14 (A) with respect to the application of this 

15 section to the Department of Defense, the Com16 mittee on Armed Services of the Senate and the 

17 Committee on Armed Services of the House of 

18 Representatives; and 

19 (B) with respect to the application of this 

20 section to all covered agencies, including the 

21 Department of Defense, the Committee on 

22 Commerce, Science, and Transportation of the 

23 Senate and the Committee on Energy and Com24 merce of the House of Representatives. 


pbinns on DSKJLVW7X2PROD with BILLS
689 

•S 4049 RS

1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

3 Subtitle A—Department of Defense 

4 Matters 

5 SEC. 1101. ENHANCED PAY AUTHORITY FOR CERTAIN AC6 QUISITION AND TECHNOLOGY POSITIONS IN 

7 THE DEPARTMENT OF DEFENSE. 

8 (a) IN GENERAL.—Subchapter I of chapter 87 of title 

9 10, United States Code, is amended by inserting after sec10 tion 1701a the following new section: 

11 ‘‘§ 1701b. Enhanced pay authority for certain acquisi12 tion and technology positions 

13 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

14 carry out a program using the pay authority specified in 

15 subsection (d) to fix the rate of basic pay for positions 

16 described in subsection (c) in order to assist the Office 

17 of the Secretary of Defense and the military departments 

18 in attracting and retaining high-quality acquisition and 

19 technology experts in positions responsible for managing 

20 and developing complex, high-cost, technological acquisi21 tion efforts of the Department of Defense. 

22 ‘‘(b) APPROVAL REQUIRED.—The program may be 

23 carried out only with approval as follows: 

24 ‘‘(1) Approval of the Under Secretary of De25 fense for Acquisition and Sustainment, in the case 


pbinns on DSKJLVW7X2PROD with BILLS
690 

•S 4049 RS

1 of positions in the Office of the Secretary of De2 fense. 

3 ‘‘(2) Approval of the service acquisition execu4 tive of the military department concerned, in the 

5 case of positions in a military department. 

6 ‘‘(c) POSITIONS.—The positions described in this 

7 subsection are positions that— 

8 ‘‘(1) require expertise of an extremely high level 

9 in a scientific, technical, professional, or acquisition 

10 management field; and 

11 ‘‘(2) are critical to the successful accomplish12 ment of an important acquisition or technology de13 velopment mission. 

14 ‘‘(d) RATE OF BASIC PAY.—The pay authority speci15 fied in this subsection is authority as follows: 

16 ‘‘(1) Authority to fix the rate of basic pay for 

17 a position at a rate not to exceed 150 percent of the 

18 rate of basic pay payable for level I of the Executive 

19 Schedule, upon the approval of the Under Secretary 

20 of Defense for Acquisition and Sustainment or the 

21 service acquisition executive concerned, as applica22 ble. 

23 ‘‘(2) Authority to fix the rate of basic pay for 

24 a position at a rate in excess of 150 percent of the 

25 rate of basic pay payable for level I of the Executive 


pbinns on DSKJLVW7X2PROD with BILLS
691 

•S 4049 RS

1 Schedule, upon the approval of the Secretary of De2 fense. 

3 ‘‘(e) LIMITATIONS.— 

4 ‘‘(1) IN GENERAL.—The authority in subsection 

5 (a) may be used only to the extent necessary to com6 petitively recruit or retain individuals exceptionally 

7 well qualified for positions described in subsection 

8 (c). 

9 ‘‘(2) NUMBER OF POSITIONS.—The authority in 

10 subsection (a) may not be used with respect to more 

11 than five positions in the Office of the Secretary of 

12 Defense and more than five positions in each mili13 tary department at any one time. 

14 ‘‘(3) TERM OF POSITIONS.—The authority in 

15 subsection (a) may be used only for positions having 

16 terms less than five years.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of subchapter I of chapter 87 of such 

19 title is amended by inserting after the item relating to sec20 tion 1701a the following new item: 

‘‘1701b. Enhanced pay authority for certain acquisition and technology positions.’’. 

21 (c) REPEAL OF PILOT PROGRAM.— 

22 (1) IN GENERAL.—Section 1111 of the Na23 tional Defense Authorization Act for Fiscal Year 

24 2016 (10 U.S.C. 1701 note) is repealed. 


pbinns on DSKJLVW7X2PROD with BILLS
692 

•S 4049 RS

1 (2) CONTINUATION OF PAY.—The repeal in 

2 paragraph (1) shall not be interpreted to prohibit 

3 the payment of basic pay at rates fixed under such 

4 section 1111 before the date of the enactment of this 

5 Act for positions having terms that continue after 

6 that date. 

7 SEC. 1102. ENHANCED PAY AUTHORITY FOR CERTAIN RE8 SEARCH AND TECHNOLOGY POSITIONS IN 

9 THE SCIENCE AND TECHNOLOGY REINVEN10 TION LABORATORIES OF THE DEPARTMENT 

11 OF DEFENSE. 

12 (a) IN GENERAL.—Chapter 139 of title 10, United 

13 States Code, is amended by inserting after section 2358b 

14 the following new section: 

15 ‘‘§ 2358c. Enhanced pay authority for certain re16 search and technology positions in 

17 science and technology reinvention lab18 oratories 

19 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

20 carry out a program using the pay authority specified in 

21 subsection (d) to fix the rate of basic pay for positions 

22 described in subsection (c) in order to assist the military 

23 departments in attracting and retaining high quality ac24 quisition and technology experts in positions responsible 

25 for managing and performing complex, high-cost research 


pbinns on DSKJLVW7X2PROD with BILLS
693 

•S 4049 RS

1 and technology development efforts in the science and 

2 technology reinvention laboratories of the Department of 

3 Defense. 

4 ‘‘(b) APPROVAL REQUIRED.—The program may be 

5 carried out in a military department only with the ap6 proval of the service acquisition executive of the military 

7 department concerned. 

8 ‘‘(c) POSITIONS.—The positions described in this 

9 subsection are positions in the science and technology re10 invention laboratories of the Department of Defense 

11 that— 

12 ‘‘(1) require expertise of an extremely high level 

13 in a scientific, technical, professional, or acquisition 

14 management field; and 

15 ‘‘(2) are critical to the successful accomplish16 ment of an important research or technology devel17 opment mission. 

18 ‘‘(d) RATE OF BASIC PAY.—The pay authority speci19 fied in this subsection is authority as follows: 

20 ‘‘(1) Authority to fix the rate of basic pay for 

21 a position at a rate not to exceed 150 percent of the 

22 rate of basic pay payable for level I of the Executive 

23 Schedule, upon the approval of the service acquisi24 tion executive concerned. 


pbinns on DSKJLVW7X2PROD with BILLS
694 

•S 4049 RS

1 ‘‘(2) Authority to fix the rate of basic pay for 

2 a position at a rate in excess of 150 percent of the 

3 rate of basic pay payable for level I of the Executive 

4 Schedule, upon the approval of the Secretary of the 

5 military department concerned. 

6 ‘‘(e) LIMITATIONS.— 

7 ‘‘(1) IN GENERAL.—The authority in subsection 

8 (a) may be used only to the extent necessary to com9 petitively recruit or retain individuals exceptionally 

10 well qualified for positions described in subsection 

11 (c). 

12 ‘‘(2) NUMBER OF POSITIONS.—The authority in 

13 subsection (a) may not be used with respect to more 

14 than five positions in each military department at 

15 any one time. 

16 ‘‘(3) TERM OF POSITIONS.—The authority in 

17 subsection (a) may be used only for positions having 

18 a term of less than five years. 

19 ‘‘(f) SCIENCE AND TECHNOLOGY REINVENTION LAB20 ORATORIES OF THE DEPARTMENT OF DEFENSE DE21 FINED.—In this section, the term ‘science and technology 

22 reinvention laboratories of the Department of Defense’ 

23 means the laboratories designated as science and tech24 nology reinvention laboratories by section 1105(a) of the 


pbinns on DSKJLVW7X2PROD with BILLS
695 

•S 4049 RS

1 National Defense Authorization Act for Fiscal Year 2010 

2 (10 U.S.C. 2358 note).’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 139 of such title is amended 

5 by inserting after the item relating to section 2358b the 

6 following new item: 

‘‘2358c. Enhanced pay authority for certain research and technology positions 

in science and technology reinvention laboratories.’’. 

7 (c) REPEAL OF PILOT PROGRAM.— 

8 (1) IN GENERAL.—Section 1124 of the Na9 tional Defense Authorization Act for Fiscal Year 

10 2017 (Public Law 114–328; 130 Stat. 2456; 10 

11 U.S.C. 2358 note) is repealed. 

12 (2) CONTINUATION OF PAY.—The repeal in 

13 paragraph (1) shall not be interpreted to prohibit 

14 the payment of basic pay at rates fixed under such 

15 section 1124 before the date of the enactment of this 

16 Act for positions having terms that continue after 

17 that date. 


pbinns on DSKJLVW7X2PROD with BILLS
696 

•S 4049 RS

1 SEC. 1103. EXTENSION OF ENHANCED APPOINTMENT AND 

2 COMPENSATION AUTHORITY FOR CIVILIAN 

3 PERSONNEL FOR CARE AND TREATMENT OF 

4 WOUNDED AND INJURED MEMBERS OF THE 

5 ARMED FORCES. 

6 Section 1599c(b) of title 10, United States Code, is 

7 amended by striking ‘‘December 31, 2020’’ both places it 

8 appears and inserting ‘‘December 31, 2025’’. 

9 SEC. 1104. EXTENSION OF OVERTIME RATE AUTHORITY 

10 FOR DEPARTMENT OF THE NAVY EMPLOYEES 

11 PERFORMING WORK ABOARD OR DOCKSIDE 

12 IN SUPPORT OF THE NUCLEAR-POWERED 

13 AIRCRAFT CARRIER FORWARD DEPLOYED IN 

14 JAPAN. 

15 Section 5542(a)(6)(B) of title 5, United States Code, 

16 is amended by striking ‘‘September 30, 2021’’ and insert17 ing ‘‘September 30, 2023’’. 

18 SEC. 1105. EXPANSION OF DIRECT HIRE AUTHORITY FOR 

19 CERTAIN DEPARTMENT OF DEFENSE PER20 SONNEL TO INCLUDE INSTALLATION MILI21 TARY HOUSING OFFICE POSITIONS SUPER22 VISING PRIVATIZED MILITARY HOUSING. 

23 Section 9905(a) of title 5, United States Code, is 

24 amended by adding at the end the following new para25 graph: 


pbinns on DSKJLVW7X2PROD with BILLS
697 

•S 4049 RS

1 ‘‘(11) Any position in the military housing of2 fice of a military installation whose primary function 

3 is supervision of military housing covered by sub4 chapter IV of chapter 169 of title 10.’’. 

5 SEC. 1106. EXTENSION OF SUNSET OF INAPPLICABILITY OF 

6 CERTIFICATION OF EXECUTIVE QUALIFICA7 TIONS BY QUALIFICATION CERTIFICATION 

8 REVIEW BOARD OF OFFICE OF PERSONNEL 

9 MANAGEMENT FOR INITIAL APPOINTMENTS 

10 TO SENIOR EXECUTIVE SERVICE POSITIONS 

11 IN DEPARTMENT OF DEFENSE. 

12 Section 1109(e) of the John S. McCain National De13 fense Authorization Act for Fiscal Year 2019 (Public Law 

14 115–232; 132 Stat. 2010; 5 U.S.C. 3393 note) is amended 

15 by striking ‘‘on the date’’ and all that follows and inserting 

16 ‘‘on August 13, 2023.’’ 

17 SEC. 1107. PILOT PROGRAM ON ENHANCED PAY AUTHOR18 ITY FOR CERTAIN HIGH-LEVEL MANAGEMENT 

19 POSITIONS IN THE DEPARTMENT OF DE20 FENSE. 

21 (a) PILOT PROGRAM AUTHORIZED.—The Secretary 

22 of Defense may carry out a pilot program to assess the 

23 feasibility and advisability of using the pay authority spec24 ified in subsection (d) to fix the rate of basic pay for posi25 tions described in subsection (c) in order to assist the DeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
698 

•S 4049 RS

1 partment of Defense in attracting and retaining personnel 

2 with significant experience in high-level management of 

3 complex organizations and enterprise functions in order 

4 to lead implementation by the Department of the National 

5 Defense Strategy. 

6 (b) APPROVAL REQUIRED.—The pilot program may 

7 be carried out only with approval as follows: 

8 (1) Approval of the Deputy Secretary of De9 fense, in the case of a position not under the author10 ity, direction, and control of an Under Secretary of 

11 Defense and not under the authority, direction, and 

12 control of the Under Secretary of a military depart13 ment. 

14 (2) Approval of the applicable Under Secretary 

15 of Defense, in the case of a position under the au16 thority, direction, and control of an Under Secretary 

17 of Defense. 

18 (3) Approval of the Under Secretary or an As19 sistant Secretary of the military department con20 cerned, in the case of a position in a military depart21 ment. 

22 (c) POSITIONS.—The positions described in this sub23 section are positions that require expertise of an extremely 

24 high level in innovative leadership and management of en25 terprise-wide business operations, including financial manVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
699 

•S 4049 RS

1 agement, health care, supply chain and logistics, informa2 tion technology, real property stewardship, and human re3 sources, across a large and complex organization. 

4 (d) RATE OF BASIC PAY.—The pay authority speci5 fied in this subsection is authority as follows: 

6 (1) Authority to fix the rate of basic pay for a 

7 position at a rate not to exceed 150 percent of the 

8 rate of basic pay payable for level I of the Executive 

9 Schedule, upon the approval of the applicable official 

10 under subsection (b). 

11 (2) Authority to fix the rate of basic pay for a 

12 position at a rate in excess of 150 percent of the 

13 rate of basic pay payable for level I of the Executive 

14 Schedule, upon the approval of the Secretary of De15 fense. 

16 (e) LIMITATIONS.— 

17 (1) IN GENERAL.—The authority in subsection 

18 (a) may be used only to the extent necessary to com19 petitively recruit or retain individuals exceptionally 

20 well qualified for positions described in subsection 

21 (c). 

22 (2) NUMBER OF POSITIONS.—The authority in 

23 subsection (a) may not be used with respect to— 

24 (A) more than 10 positions in the Office of 

25 the Secretary of Defense and components of the 


pbinns on DSKJLVW7X2PROD with BILLS
700 

•S 4049 RS

1 Department of Defense other than the military 

2 departments at any one time; and 

3 (B) more than five positions in each mili4 tary department at any one time. 

5 (3) TERM OF POSITIONS.—The authority in 

6 subsection (a) may be used only for positions having 

7 terms less than five years. 

8 (4) PAST SERVICE.—An individual may not be 

9 appointed to a position pursuant to the authority 

10 provided by subsection (a) if the individual separated 

11 or retired from Federal civil service or service as a 

12 commissioned officer of an Armed Force on a date 

13 that is less than five years before the date of such 

14 appointment of the individual. 

15 (f) TERMINATION.— 

16 (1) IN GENERAL.—The authority to fix rates of 

17 basic pay for a position under this section shall ter18 minate on October 1, 2025. 

19 (2) CONTINUATION OF PAY.—Nothing in para20 graph (1) shall be construed to prohibit the payment 

21 after October 1, 2025, of basic pay at rates fixed 

22 under this section before that date for positions 

23 whose terms continue after that date. 


pbinns on DSKJLVW7X2PROD with BILLS
701 

•S 4049 RS

1 SEC. 1108. PILOT PROGRAM ON EXPANDED AUTHORITY 

2 FOR APPOINTMENT OF RECENTLY RETIRED 

3 MEMBERS OF THE ARMED FORCES TO POSI4 TIONS IN THE DEPARTMENT OF DEFENSE. 

5 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

6 Defense shall carry out a pilot program to assess the feasi7 bility and advisability of expanding the use of the author8 ity in section 3326 of title 5, United States Code, to ap9 point retired members of the Armed Forces described in 

10 subsection (b) of that section to positions in the Depart11 ment of Defense described in subsection (b) of this section. 

12 (b) POSITIONS.— 

13 (1) IN GENERAL.—The positions in the Depart14 ment described in this subsection are positions clas15 sified at or below GS–13 under the General Sched16 ule under subchapter III of chapter 53 of title 5, 

17 United States Code, or an equivalent level under an18 other wage system, in the competitive service— 

19 (A) to which appointments are authorized 

20 using Direct Hire Authority or Expedited Hir21 ing Authority; and 

22 (B) that have been certified by the Sec23 retary of the military department concerned as 

24 lacking sufficient numbers of potential appli25 cants who are not retired members of the 

26 Armed Forces. 


pbinns on DSKJLVW7X2PROD with BILLS
702 

•S 4049 RS

1 (2) LIMITATION ON DELEGATION OF CERTIFI2 CATION.—The Secretary of a military department 

3 may not delegate the authority to make a certifi4 cation described in paragraph (1)(B) to an indi5 vidual in a grade lower than colonel, captain in the 

6 Navy, or an equivalent grade in the Space Force, or 

7 an individual with an equivalent civilian grade. 

8 (c) DURATION.—The duration of the pilot program 

9 shall be three years. 

10 (d) REPORT.—Not later than two years after the 

11 commencement of the pilot program, the Secretary of De12 fense shall submit to the congressional defense committees 

13 a report on the pilot program. The report shall include 

14 the following: 

15 (1) A description of the pilot program, includ16 ing the positions to which appointments are author17 ized to be made under the pilot program and the 

18 number of retired members appointed to each such 

19 position under the pilot program. 

20 (2) Any other matters in connection with the 

21 pilot program that the Secretary considers appro22 priate. 


pbinns on DSKJLVW7X2PROD with BILLS
703 

•S 4049 RS

1 SEC. 1109. DIRECT HIRE AUTHORITY AND RELOCATION IN2 CENTIVES FOR POSITIONS AT REMOTE LOCA3 TIONS. 

4 (a) IN GENERAL.—Chapter 81 of title 10, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 1599i. Direct hire authority and relocation incen8 tives for positions at remote locations 

9 ‘‘(a) DIRECT HIRE AUTHORITY.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Defense 

11 may appoint, without regard to any provision of sub12 chapter I of chapter 33 of title 5, qualified appli13 cants to positions in the competitive service to fill 

14 vacancies at covered locations. 

15 ‘‘(2) COVERED LOCATIONS.—For purposes of 

16 this section, a covered location is a location for 

17 which the Secretary has determined that critical hir18 ing needs are not being met due to the geographic 

19 remoteness or isolation or extreme climate conditions 

20 of the location. 

21 ‘‘(b) RELOCATION INCENTIVES.— 

22 ‘‘(1) IN GENERAL.—An individual appointed to 

23 a position pursuant to subsection (a) may be paid a 

24 relocation incentive in connection with the relocation 

25 of the individual to the location of the position. 


pbinns on DSKJLVW7X2PROD with BILLS
704 

•S 4049 RS

1 ‘‘(2) AMOUNT.—The amount of a relocation in2 centive payable to an individual under this sub3 section may not exceed the amount equal to— 

4 ‘‘(A) 25 percent of the annual rate of basic 

5 pay of the employee for the position concerned 

6 as of the date on which the service period in 

7 such position agreed to by the individual under 

8 paragraph (3) commences; multiplied by 

9 ‘‘(B) the number of years (including frac10 tions of a year) of such service period (not to 

11 exceed four years). 

12 ‘‘(3) SERVICE AGREEMENT.—To receive a relo13 cation incentive under this subsection, an individual 

14 appointed to a position under subsection (a) shall 

15 enter into an agreement with the Secretary of De16 fense to complete a period of service at the covered 

17 location. The period of obligated service of the indi18 vidual at such location under the agreement may not 

19 exceed four years. The agreement shall include such 

20 repayment or alternative employment obligations as 

21 the Secretary considers appropriate for failure of the 

22 individual to complete the period of obligated service 

23 specified in the agreement. 

24 ‘‘(4) RELATIONSHIP TO OTHER RELOCATION

25 PAY.—A relocation incentive paid to an individual 


pbinns on DSKJLVW7X2PROD with BILLS
705 

•S 4049 RS

1 for a relocation under this subsection is in addition 

2 to any other relocation incentive or payment payable 

3 to the individual for such relocation by law. 

4 ‘‘(c) SUNSET.—Effective on September 30, 2022, the 

5 authority provided under subsection (a) and the authority 

6 to provide relocation incentives under subsection (b) shall 

7 expire.’’. 

8 (b) OUTCOME MEASUREMENTS.—The Secretary of 

9 Defense shall develop outcome measurements to evaluate 

10 the effect of the authority provided under subsection (a) 

11 of section 1599i of title 10, United States Code, as added 

12 by subsection (a), and any relocation incentives provided 

13 under subsection (b) of such section. 

14 (c) REPORT REQUIRED.— 

15 (1) IN GENERAL.—Not later than March 1, 

16 2022, the Secretary of Defense shall submit to the 

17 congressional defense committees a report on the ef18 fect of the authority provided under subsection (a) 

19 of section 1599i of title 10, United States Code, as 

20 added by subsection (a), and any relocation incen21 tives provided under subsection (b) of such section. 

22 (2) ELEMENTS.—The report required by para23 graph (1) shall include the following: 

24 (A) A description and assessment of the ef25 fectiveness and achievements of the authority 


pbinns on DSKJLVW7X2PROD with BILLS
706 

•S 4049 RS

1 and relocation incentives described in paragraph 

2 (1), including— 

3 (i) the number of employees hired to 

4 covered locations described in section 

5 1599i(a)(2) of title 10, United States 

6 Code, as added by subsection (a); and 

7 (ii) the cost-per-placement of such em8 ployees. 

9 (B) A comparison of the effectiveness and 

10 use of the authority and relocation incentives 

11 described in paragraph (1) to authorities under 

12 title 5, United States Code, used by the Depart13 ment of Defense before the date of the enact14 ment of this Act to support hiring at remote or 

15 rural locations. 

16 (C) An assessment of— 

17 (i) the minority community outreach 

18 efforts made in using the authority and 

19 providing relocation incentives described in 

20 paragraph (1); and 

21 (ii) participation outcomes. 

22 (D) Such other matters as the Secretary 

23 considers appropriate. 

24 (d) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 81 of title 10, United States 


pbinns on DSKJLVW7X2PROD with BILLS
707 

•S 4049 RS

1 Code, is amended by adding at the end the following new 

2 item: 

‘‘1599i. Direct hire authority and relocation incentives for positions at remote 

locations.’’. 

3 SEC. 1110. MODIFICATION OF DIRECT HIRE AUTHORITY 

4 FOR CERTAIN PERSONNEL INVOLVED WITH 

5 DEPARTMENT OF DEFENSE MAINTENANCE 

6 ACTIVITIES. 

7 Section 9905(a)(1) of title 5, United States Code, is 

8 amended by striking ‘‘including’’ and all that follows and 

9 inserting the following: ‘‘including— 

10 ‘‘(A) depot-level maintenance and repair; 

11 and 

12 ‘‘(B) support functions for such activi13 ties.’’. 

14 SEC. 1110A. FIRE FIGHTERS ALTERNATIVE WORK SCHED15 ULE DEMONSTRATION PROJECT FOR THE 

16 NAVY REGION MID-ATLANTIC FIRE AND 

17 EMERGENCY SERVICES. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Commander, Navy 

20 Region Mid-Atlantic, shall establish and carry out, for a 

21 period of not less than five years, a Fire Fighters Alter22 native Work Schedule demonstration project for the Navy 

23 Region Mid-Atlantic Fire and Emergency Services. Such 

24 demonstration project shall provide, with respect to each 


pbinns on DSKJLVW7X2PROD with BILLS
708 

•S 4049 RS

1 employee of the Navy Region Mid-Atlantic Fire and Emer2 gency Services, that— 

3 (1) assignments to tours of duty are scheduled 

4 in advance over periods of not less than two weeks; 

5 (2) tours of duty are scheduled using a regu6 larly recurring pattern of 48-hour shifts followed by 

7 48 or 72 consecutive non-work hours, as determined 

8 by mutual agreement between the Commander, Navy 

9 Region Mid-Atlantic, and the exclusive employee rep10 resentative at each Navy Region Mid-Atlantic instal11 lation, in such a manner that each employee is regu12 larly scheduled for 144-hours in any two-week pe13 riod; 

14 (3) for any such employee that is a fire fighter 

15 working an alternative work schedule, such employee 

16 shall earn overtime compensation in a manner con17 sistent with other applicable law and regulation; 

18 (4) no right shall be established to any form of 

19 premium pay, including night, Sunday, holiday, or 

20 hazard duty pay; and 

21 (5) leave accrual and use shall be consistent 

22 with other applicable law and regulation. 

23 (b) REPORT.—Not later than 180 days after the date 

24 on which the demonstration project under this section ter25 minates, the Commander, Navy Region Mid-Atlantic, shall 


pbinns on DSKJLVW7X2PROD with BILLS
709 

•S 4049 RS

1 submit to the Committees on Armed Services of the Sen2 ate and the House of Representatives a report detailing— 

3 (1) any financial savings or expenses directly 

4 and inseparably linked to the demonstration project; 

5 (2) any intangible quality of life and morale im6 provements achieved by the demonstration project; 

7 and 

8 (3) any adverse impact of the demonstration 

9 project occurring solely as the result of the transi10 tion to the demonstration project. 

11 Subtitle B—Government-Wide 

12 Matters 

13 SEC. 1111. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR14 ITY TO GRANT ALLOWANCES, BENEFITS, AND 

15 GRATUITIES TO CIVILIAN PERSONNEL ON OF16 FICIAL DUTY IN A COMBAT ZONE. 

17 Paragraph (2) of section 1603(a) of the Emergency 

18 Supplemental Appropriations Act for Defense, the Global 

19 War on Terror, and Hurricane Recovery, 2006 (Public 

20 Law 109–234; 120 Stat. 443), as added by section 1102 

21 of the Duncan Hunter National Defense Authorization 

22 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

23 4616) and as most recently amended by section 1104 of 

24 the National Defense Authorization Act for Fiscal Year 


pbinns on DSKJLVW7X2PROD with BILLS
710 

•S 4049 RS

1 2020 (Public Law 116–92), is further amended by strik2 ing ‘‘2021’’ and inserting ‘‘2022’’. 

3 SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

4 ANNUAL LIMITATION ON PREMIUM PAY AND 

5 AGGREGATE LIMITATION ON PAY FOR FED6 ERAL CIVILIAN EMPLOYEES WORKING OVER7 SEAS. 

8 Subsection (a) of section 1101 of the Duncan Hunter 

9 National Defense Authorization Act for Fiscal Year 2009 

10 (Public Law 110–417; 122 Stat. 4615), as most recently 

11 amended by section 1105 of the National Defense Author12 ization Act for Fiscal Year 2020 (Public Law 116–92), 

13 is further amended by striking ‘‘through 2020’’ and in14 serting ‘‘through 2021’’. 

15 SEC. 1113. TECHNICAL AMENDMENTS TO AUTHORITY FOR 

16 REIMBURSEMENT OF FEDERAL, STATE, AND 

17 LOCAL INCOME TAXES INCURRED DURING 

18 TRAVEL, TRANSPORTATION, AND RELOCA19 TION. 

20 (a) IN GENERAL.—Section 5724b(b) of title 5, 

21 United States Code, is amended— 

22 (1) by striking ‘‘or relocation expenses reim23 bursed’’ and inserting ‘‘and relocation expenses re24 imbursed’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
711 

•S 4049 RS

1 (2) by striking ‘‘of chapter 41’’ and inserting 

2 ‘‘or chapter 41’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on January 1, 2018, imme5 diately after the coming into effect of the amendments 

6 made by subsection (a) of section 1114 of the National 

7 Defense Authorization Act for Fiscal Year 2020 (Public 

8 Law 116–92), as provided for in subsection (c) of such 

9 section 1114. 

10 TITLE XII—MATTERS RELATING 

11 TO FOREIGN NATIONS 

12 Subtitle A—Assistance and 

13 Training 

14 SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDI15 TIONAL OPERATIONS. 

16 Section 333(a) of title 10, United States Code, is 

17 amended by adding at the end the following new para18 graph: 

19 ‘‘(8) Cyberspace operations.’’. 

20 SEC. 1202. AUTHORITY TO BUILD CAPACITY FOR AIR SOV21 EREIGNTY OPERATIONS. 

22 Section 333(a) of title 10, United States Code, as 

23 amended by section 1201, is further amended— 

24 (1) by redesignating paragraphs (7) and (8) as 

25 paragraphs (8) and (9), respectively; and 


pbinns on DSKJLVW7X2PROD with BILLS
712 

•S 4049 RS

1 (2) by inserting after paragraph (6) the fol2 lowing new paragraph (7): 

3 ‘‘(7) Air sovereignty operations.’’. 

4 SEC. 1203. MODIFICATION TO THE INTER-EUROPEAN AIR 

5 FORCES ACADEMY. 

6 Section 350(b) of title 10, United States Code, is 

7 amended by striking ‘‘that are’’ and all that follows 

8 through the period at the end and inserting ‘‘that are— 

9 ‘‘(1) members of the North Atlantic Treaty Or10 ganization; 

11 ‘‘(2) signatories to the Partnership for Peace 

12 Framework Documents; or 

13 ‘‘(3)(A) within the United States Africa Com14 mand area of responsibility; and 

15 ‘‘(B) eligible for assistance under chapter 5 of 

16 part II of the Foreign Assistance Act of 1961 (22 

17 U.S.C. 2347 et seq.).’’. 

18 SEC. 1204. MODIFICATION TO SUPPORT OF SPECIAL OPER19 ATIONS FOR IRREGULAR WARFARE. 

20 Subsection (a) of section 1202 of the National De21 fense Authorization Act for Fiscal Year 2018 (Public Law 

22 115–91; 131 Stat. 1639), as most recently amended by 

23 section 1207 of the National Defense Authorization Act 

24 for Fiscal Year 2020 (Public Law 116–92), is further 


pbinns on DSKJLVW7X2PROD with BILLS
713 

•S 4049 RS

1 amended by striking ‘‘$10,000,000’’ and inserting 

2 ‘‘$15,000,000’’. 

3 SEC. 1205. EXTENSION AND MODIFICATION OF AUTHORITY 

4 TO SUPPORT BORDER SECURITY OPER5 ATIONS OF CERTAIN FOREIGN COUNTRIES. 

6 (a) FUNDS AVAILABLE FOR SUPPORT.—Subsection 

7 (b) of section 1226 of the National Defense Authorization 

8 Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amend9 ed to read as follows: 

10 ‘‘(b) FUNDS AVAILABLE FOR SUPPORT.—Amounts to 

11 provide support under the authority of subsection (a) may 

12 be derived only from amounts authorized to be appro13 priated and available for operation and maintenance, De14 fense-wide.’’. 

15 (b) EXTENSION.—Subsection (h) of such section is 

16 amended by striking ‘‘December 31, 2021’’ and inserting 

17 ‘‘December 31, 2023’’. 

18 SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPA19 TION IN MULTINATIONAL CENTERS OF EX20 CELLENCE. 

21 (a) IN GENERAL.—Section 344 of title 10, United 

22 States Code, is amended— 

23 (1) in the section heading, by striking ‘‘multi24 national military centers of excellence’’ 


pbinns on DSKJLVW7X2PROD with BILLS
714 

•S 4049 RS

1 and inserting ‘‘multinational centers of ex2 cellence’’; 

3 (2) by striking ‘‘multinational military center of 

4 excellence’’ each place it appears and inserting ‘‘mul5 tinational center of excellence’’; 

6 (3) by striking ‘‘multinational military centers 

7 of excellence’’ each place it appears and inserting 

8 ‘‘multinational centers of excellence’’; 

9 (4) in subsection (b)(1), by inserting ‘‘or en10 tered into by the Secretary of State,’’ after ‘‘Sec11 retary of State,’’; 

12 (5) in subsection (e)— 

13 (A) in the subsection heading, by striking 

14 ‘‘MULTINATIONAL MILITARY CENTER OF EX15 CELLENCE ’’ and inserting ‘‘MULTINATIONAL

16 CENTER OF EXCELLENCE’’; 

17 (B) by redesignating paragraphs (1) 

18 through (4) as subparagraphs (A) through (D), 

19 respectively, and moving the subparagraphs two 

20 ems to the right; 

21 (C) in the matter preceding subparagraph 

22 (A), as so redesignated, by striking ‘‘means an 

23 entity’’ and inserting ‘‘means— 

24 ‘‘(1) an entity’’; 


pbinns on DSKJLVW7X2PROD with BILLS
715 

•S 4049 RS

1 (D) in subparagraph (D), as so redesig2 nated, by striking the period at the end and in3 serting ‘‘; and’’; and 

4 (E) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) the European Centre of Excellence for 

7 Countering Hybrid Threats, established in 2017 and 

8 located in Helsinki, Finland.’’; 

9 (6) by redesignating subsection (e) as sub10 section (f); and 

11 (7) by inserting after subsection (d) the fol12 lowing new subsection (e): 

13 ‘‘(e) NOTIFICATION.—Not later than 30 days before 

14 the date on which the Secretary of Defense authorizes par15 ticipation under subsection (a) in a new multinational cen16 ter of excellence, the Secretary shall notify the congres17 sional defense committees of such participation.’’. 

18 (b) CONFORMING AMENDMENT.—Title 10, United 

19 States Code, is amended, in the table of sections at the 

20 beginning of subchapter V of chapter 16, by striking the 

21 item relating to section 344 and inserting the following: 

‘‘344. Participation in multinational centers of excellence.’’. 

22 SEC. 1207. IMPLEMENTATION OF THE WOMEN, PEACE, AND 

23 SECURITY ACT OF 2017. 

24 (a) IN GENERAL.—During the period beginning on 

25 the date of the enactment of this Act and ending on SepVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
716 

•S 4049 RS

1 tember 30, 2025, the Secretary of Defense shall undertake 

2 activities consistent with the Women, Peace, and Security 

3 Act of 2017 (Public Law 115–68; 131 Stat. 1202) and 

4 with the guidance specified in this section, including— 

5 (1) establishing Department of Defense-wide 

6 policies and programs that advance the implementa7 tion of that Act, including military doctrine and De8 partment-specific and combatant command-specific 

9 programs; 

10 (2) ensuring the Department sufficient per11 sonnel to serve as gender advisors, including by hir12 ing and training full-time equivalent personnel, as 

13 necessary, and establishing roles, responsibilities, 

14 and requirements for gender advisors; 

15 (3) the deliberate integration of gender analysis 

16 into relevant training for members of the Armed 

17 Forces across ranks, as described in the Women’s 

18 Entrepreneurship and Economic Empowerment Act 

19 of 2018 (Public Law 115–428; 132 Stat. 5509); and 

20 (4) security cooperation activities that further 

21 the implementation of the Women, Peace, and Secu22 rity Act of 2017 (Public Law 115–68; 131 Stat. 

23 1202). 

24 (b) BUILDING PARTNER DEFENSE INSTITUTION AND

25 SECURITY FORCE CAPACITY.— 


pbinns on DSKJLVW7X2PROD with BILLS
717 

•S 4049 RS

1 (1) INCORPORATION OF GENDER ANALYSIS AND

2 PARTICIPATION OF WOMEN INTO SECURITY CO3 OPERATION ACTIVITIES.—Consistent with the 

4 Women, Peace, and Security Act of 2017 (Public 

5 Law 115–68; 131 Stat. 1202), the Secretary of De6 fense, in coordination with the Secretary of State, 

7 shall seek to incorporate gender analysis and partici8 pation by women, as appropriate, into the institu9 tional and national security force capacity-building 

10 activities of security cooperation programs carried 

11 out under title 10, United States Code, including 

12 by— 

13 (A) incorporating gender analysis and 

14 women, peace, and security priorities, including 

15 sex-disaggregated data, into educational and 

16 training materials and programs authorized by 

17 section 333 of title 10, United States Code; 

18 (B) advising on the recruitment, employ19 ment, development, retention, and promotion of 

20 women in such national security forces, includ21 ing by— 

22 (i) identifying existing military career 

23 opportunities for women; 

24 (ii) exposing women and girls to ca25 reers available in such national security 


pbinns on DSKJLVW7X2PROD with BILLS
718 

•S 4049 RS

1 forces and the skills necessary for such ca2 reers; and 

3 (iii) encouraging women’s and girls’ 

4 interest in such careers by highlighting as 

5 role models women of the United States 

6 and applicable foreign countries in uni7 form; 

8 (C) addressing sexual harassment and 

9 abuse against women within such national secu10 rity forces; 

11 (D) integrating gender analysis into secu12 rity sector policy, planning, and training for 

13 such national security forces; and 

14 (E) improving infrastructure to address 

15 the requirements of women serving in such na16 tional security forces, including appropriate 

17 equipment for female security and police forces. 

18 (2) BARRIERS AND OPPORTUNITIES.—Partner 

19 country assessments conducted in the course of De20 partment security cooperation activities to build the 

21 capacity of the national security forces of foreign 

22 countries shall include attention to the barriers and 

23 opportunities with respect to strengthening recruit24 ment, employment, development, retention, and proVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
719 

•S 4049 RS

1 motion of women in the military forces of such part2 ner countries. 

3 (c) DEPARTMENT-WIDE POLICIES ON WOMEN, 

4 PEACE, AND SECURITY.—Not later than 90 days after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 shall initiate a process to establish standardized policies 

7 described in subsection (a)(1). 

8 (d) FUNDING.—The Secretary of Defense may use 

9 funds authorized to be appropriated in each fiscal year to 

10 the Department of Defense for operation and maintenance 

11 as specified in the table in section 4301 for carrying out 

12 the full implementation of the Women, Peace, and Secu13 rity Act of 2017 (Public Law 115–68; 131 Stat. 1202) 

14 and the guidance on the matters described in paragraphs 

15 (1) through (4) of subsection (a) and subparagraphs (A) 

16 through (E) of subsection (b)(1). 

17 (e) ANNUAL REPORT.—Not later than one year after 

18 the date of the enactment of this Act, and annually there19 after through 2025, the Secretary of Defense shall submit 

20 to the appropriate committees of Congress a report on the 

21 steps the Department has taken to implement the Women, 

22 Peace, and Security Act of 2017 (Public Law 115–68; 131 

23 Stat. 1202), including— 

24 (1) a description of the progress made on each 

25 matter described in paragraphs (1) through (4) of 


pbinns on DSKJLVW7X2PROD with BILLS
720 

•S 4049 RS

1 subsection (a) and subparagraphs (A) through (E) 

2 of subsection (b)(1); and 

3 (2) an identification of the amounts used for 

4 such purposes. 

5 (f) APPROPRIATE COMMITTEES OF CONGRESS DE6 FINED.—In this section, the term ‘‘appropriate commit7 tees of Congress’’ means— 

8 (1) the Committee on Armed Services and the 

9 Committee on Foreign Relations of the Senate; and 

10 (2) the Committee on Armed Services and the 

11 Committee on Foreign Affairs of the House of Rep12 resentatives. 

13 SEC. 1208. TED STEVENS CENTER FOR ARCTIC SECURITY 

14 STUDIES. 

15 (a) PLAN REQUIRED.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, the Secretary 

18 of Defense, in coordination with the Secretary of 

19 State, shall submit to the congressional defense com20 mittees a plan to establish a Department of Defense 

21 Regional Center for Security Studies for the Arctic. 

22 (2) ELEMENTS.—The plan required by para23 graph (1) shall include the following: 

24 (A) A description of the benefits of estab25 lishing such a center, including the manner in 


pbinns on DSKJLVW7X2PROD with BILLS
721 

•S 4049 RS

1 which the establishment of such a center would 

2 benefit United States and Department interests 

3 in the Arctic region. 

4 (B) A description of the mission and pur5 pose of such a center, including specific policy 

6 guidance from the Office of the Secretary of 

7 Defense. 

8 (C) An analysis of suitable reporting rela9 tionships with the applicable combatant com10 mands. 

11 (D) An assessment of suitable locations for 

12 such a center that are— 

13 (i) in proximity to other academic in14 stitutions that study security implications 

15 with respect to the Arctic region; 

16 (ii) in proximity to the designated 

17 lead for Arctic affairs of the United States 

18 Northern Command; 

19 (iii) in proximity to a central hub of 

20 assigned Arctic-focused Armed Forces so 

21 as to suitably advance relevant professional 

22 development of skills unique to the Arctic 

23 region; and 

24 (iv) in a State located outside the con25 tiguous United States. 


pbinns on DSKJLVW7X2PROD with BILLS
722 

•S 4049 RS

1 (E) A description of the establishment and 

2 operational costs of such a center, including 

3 for— 

4 (i) military construction for required 

5 facilities; 

6 (ii) facility renovation; 

7 (iii) personnel costs for faculty and 

8 staff; and 

9 (iv) other costs the Secretary of De10 fense considers appropriate. 

11 (F) An evaluation of the existing infra12 structure, resources, and personnel available at 

13 military installations and at universities and 

14 other academic institutions that could reduce 

15 the costs described in accordance with subpara16 graph (E). 

17 (G) An examination of partnership oppor18 tunities with United States allies and partners 

19 for potential collaboration and burden sharing. 

20 (H) A description of potential courses and 

21 programs that such a center could carry out, 

22 including— 

23 (i) core, specialized, and advanced 

24 courses; 

25 (ii) planning workshops; 


pbinns on DSKJLVW7X2PROD with BILLS
723 

•S 4049 RS

1 (iii) seminars; 

2 (iv) confidence-building initiatives; 

3 and 

4 (v) academic research. 

5 (I) A description of any modification to 

6 title 10, United States Code, necessary for the 

7 effective operation of such a center. 

8 (3) FORM.—The plan required by paragraph 

9 (1) shall be submitted in unclassified form, but may 

10 include a classified annex. 

11 (b) ESTABLISHMENT.— 

12 (1) IN GENERAL.—Not earlier than 30 days 

13 after the submittal of the plan required by sub14 section (a), and subject to the availability of appro15 priations, the Secretary of Defense may establish 

16 and administer a Department of Defense Regional 

17 Center for Security Studies for the Arctic, to be 

18 known as the ‘‘Ted Stevens Center for Arctic Secu19 rity Studies’’, for the purpose described in section 

20 342(a) of title 10, United States Code. 

21 (2) LOCATION.—The Ted Stevens Center for 

22 Arctic Security Studies may be located— 

23 (A) in proximity to other academic institu24 tions that study security implications with re25 spect to the Arctic region; 


pbinns on DSKJLVW7X2PROD with BILLS
724 

•S 4049 RS

1 (B) in proximity to the designated lead for 

2 Arctic affairs of the United States Northern 

3 Command; 

4 (C) in proximity to a central hub of as5 signed Arctic-focused Armed Forces so as to 

6 suitably advance relevant professional develop7 ment of skills unique to the Arctic region; and 

8 (D) in a State located outside the contig9 uous United States. 

10 SEC. 1209. FUNCTIONAL CENTER FOR SECURITY STUDIES 

11 IN IRREGULAR WARFARE. 

12 (a) REPORT REQUIRED.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of the enactment of this Act, the Secretary 

15 of Defense, in consultation with the Secretary of 

16 State, shall submit to the congressional defense com17 mittees a report that assesses the merits and feasi18 bility of establishing and administering a Depart19 ment of Defense Functional Center for Security 

20 Studies in Irregular Warfare. 

21 (2) ELEMENTS.—The report required by para22 graph (1) shall include the following: 

23 (A) A description of the benefits to the 

24 United States, and the allies and partners of 

25 the United States, of establishing such a funcVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
725 

•S 4049 RS

1 tional center, including the manner in which the 

2 establishment of such a functional center would 

3 enhance and sustain focus on, and advance 

4 knowledge and understanding of, matters of ir5 regular warfare, including cybersecurity, 

6 nonstate actors, information operations, 

7 counterterrorism, stability operations, and the 

8 hybridization of such matters. 

9 (B) A detailed description of the mission 

10 and purpose of such a functional center, includ11 ing applicable policy guidance from the Office 

12 of the Secretary of Defense. 

13 (C) An analysis of appropriate reporting 

14 and liaison relationships between such a func15 tional center and— 

16 (i) the geographic and functional com17 batant commands; 

18 (ii) other Department of Defense 

19 stakeholders; and 

20 (iii) other government and nongovern21 ment entities and organizations. 

22 (D) An enumeration and valuation of cri23 teria applicable to the determination of a suit24 able location for such a functional center. 


pbinns on DSKJLVW7X2PROD with BILLS
726 

•S 4049 RS

1 (E) A description of the establishment and 

2 operational costs of such a functional center, in3 cluding for— 

4 (i) military construction for required 

5 facilities; 

6 (ii) facility renovation; 

7 (iii) personnel costs for faculty and 

8 staff; and 

9 (iv) other costs the Secretary of De10 fense considers appropriate. 

11 (F) An evaluation of the existing infra12 structure, resources, and personnel available at 

13 military installations and at universities and 

14 other academic and research institutions that 

15 could reduce the costs described in subpara16 graph (E). 

17 (G) An examination of partnership oppor18 tunities with United States allies and partners 

19 for potential collaboration and burden sharing. 

20 (H) A description of potential courses and 

21 programs that such a functional center could 

22 carry out, including— 

23 (i) core, specialized, and advanced 

24 courses; 


pbinns on DSKJLVW7X2PROD with BILLS
727 

•S 4049 RS

1 (ii) planning workshops and struc2 tured after-action reviews or debriefs; 

3 (iii) seminars; 

4 (iv) initiatives on executive develop5 ment, relationship building, partnership 

6 outreach, and any other matter the Sec7 retary of Defense considers appropriate; 

8 and 

9 (v) focused academic research and 

10 studies in support of Department prior11 ities. 

12 (I) A description of any modification to 

13 title 10, United States Code, or any other pro14 vision of law, necessary for the effective estab15 lishment and administration of such a func16 tional center. 

17 (3) FORM.—The report required by paragraph 

18 (1) shall be submitted in unclassified form, but may 

19 include a classified annex. 

20 (b) ESTABLISHMENT.— 

21 (1) IN GENERAL.—Not earlier than 30 days 

22 after the submittal of the report required by sub23 section (a), and subject to the availability of appro24 priated funds, the Secretary of Defense may estab25 lish and administer a Department of Defense FuncVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
728 

•S 4049 RS

1 tional Center for Security Studies in Irregular War2 fare. 

3 (2) TREATMENT AS A REGIONAL CENTER FOR

4 SECURITY STUDIES.—A Department of Defense 

5 Functional Center for Security Studies in Irregular 

6 Warfare established under paragraph (1) shall be 

7 operated and administered in the same manner as 

8 the Department of Defense Regional Centers for Se9 curity Studies under section 342 of title 10, United 

10 States Code, and in accordance with such regula11 tions as the Secretary of Defense may prescribe. 

12 (3) LIMITATION.—No other institution or ele13 ment of the Department may be designated as a De14 partment of Defense functional center, except by an 

15 Act of Congress. 

16 (4) LOCATION.—The location of a Department 

17 of Defense Functional Center for Security Studies in 

18 Irregular Warfare established under paragraph (1) 

19 shall be selected based on an objective, criteria-driv20 en administrative or competitive award process, in 

21 accordance with which the merits of locating such 

22 functional center in Tempe, Arizona, may be evalu23 ated together with other suitable locations. 


pbinns on DSKJLVW7X2PROD with BILLS
729 

•S 4049 RS

1 Subtitle B—Matters Relating to 

2 Afghanistan and Pakistan 

3 SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY 

4 FOR REIMBURSEMENT OF CERTAIN COALI5 TION NATIONS FOR SUPPORT PROVIDED TO 

6 UNITED STATES MILITARY OPERATIONS. 

7 (a) EXTENSION.—Subsection (a) of section 1233 of 

8 the National Defense Authorization Act for Fiscal Year 

9 2008 (Public Law 110–181; 122 Stat. 393), as most re10 cently amended by section 1217 of the National Defense 

11 Authorization Act for Fiscal Year 2020 (Public Law 116– 

12 92), is further amended by striking ‘‘beginning on October 

13 1, 2019, and ending on December 31, 2020’’ and inserting 

14 ‘‘beginning on October 1, 2020, and ending on December 

15 31, 2021’’. 

16 (b) MODIFICATION TO LIMITATION.—Subsection 

17 (d)(1) of such section is amended— 

18 (1) by striking ‘‘beginning on October 1, 2019, 

19 and ending on December 31, 2020’’ and inserting 

20 ‘‘beginning on October 1, 2020, and ending on De21 cember 31, 2021’’; and 

22 (2) by striking ‘‘$450,000,000’’ and inserting 

23 ‘‘$180,000,000’’. 


pbinns on DSKJLVW7X2PROD with BILLS
730 

•S 4049 RS

1 SEC. 1212. EXTENSION AND MODIFICATION OF COM2 MANDERS’ EMERGENCY RESPONSE PRO3 GRAM. 

4 Section 1201 of the National Defense Authorization 

5 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

6 1619), as most recently amended by section 1208(a) of 

7 the National Defense Authorization Act for Fiscal Year 

8 2020 (Public Law 116–92), is further amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘December 31, 2020’’ and 

11 inserting ‘‘December 31, 2021’’; and 

12 (B) by striking ‘‘$2,500,000’’ and insert13 ing ‘‘$2,000,000’’; 

14 (2) in subsection (b), by striking the subsection 

15 designation and heading and all that follows through 

16 the period at the end of paragraph (1) and inserting 

17 the following: 

18 ‘‘(b) QUARTERLY REPORTS.— 

19 ‘‘(1) IN GENERAL.—Beginning in fiscal year 

20 2021, not later than 45 days after the end of each 

21 quarter fiscal year, the Secretary of Defense shall 

22 submit to the congressional defense committees a re23 port regarding the source of funds and the allocation 

24 and use of funds during that quarter fiscal year that 

25 were made available pursuant to the authority pro26 vided in this section or under any other provision of 


pbinns on DSKJLVW7X2PROD with BILLS
731 

•S 4049 RS

1 law for the purposes of the program under sub2 section (a).’’; and 

3 (3) in subsection (f), by striking ‘‘December 31, 

4 2020’’ and inserting ‘‘December 31, 2021’’. 

5 SEC. 1213. EXTENSION AND MODIFICATION OF SUPPORT 

6 FOR RECONCILIATION ACTIVITIES LED BY 

7 THE GOVERNMENT OF AFGHANISTAN. 

8 (a) MODIFICATION OF AUTHORITY TO PROVIDE COV9 ERED SUPPORT.—Subsection (a) of section 1218 of the 

10 National Defense Authorization Act for Fiscal Year 2020 

11 (Public Law 116–92) is amended— 

12 (1) by striking the subsection designation and 

13 heading and all that follows through ‘‘The Secretary 

14 of Defense’’ and inserting the following: 

15 ‘‘(a) AUTHORITY TO PROVIDE COVERED SUPPORT.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

17 the Secretary of Defense’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) LIMITATION ON USE OF FUNDS.—Amounts 

21 authorized to be appropriated or otherwise made 

22 available for the Department of Defense by this Act 

23 may not be obligated or expended to provide covered 

24 support until the date on which the Secretary of DeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
732 

•S 4049 RS

1 fense submits to the appropriate committees of Con2 gress the report required by subsection (b).’’. 

3 (b) PARTICIPATION IN RECONCILIATION ACTIVI4 TIES.—Such section is further amended— 

5 (1) by redesignating subsections (i) through (k) 

6 as subsections (j) through (l), respectively; 

7 (2) by inserting after subsection (h) the fol8 lowing new subsection (i): 

9 ‘‘(i) PARTICIPATION IN RECONCILIATION ACTIVI10 TIES.—Covered support may only be used to support a 

11 reconciliation activity that— 

12 ‘‘(1) includes the participation of members of 

13 the Government of Afghanistan; and 

14 ‘‘(2) does not restrict the participation of 

15 women.’’. 

16 (c) EXTENSION.—Subsection (k) of such section, as 

17 so redesignated, is amended by striking ‘‘December 31, 

18 2020’’ and inserting ‘‘December 31, 2021’’. 

19 (d) EXCLUSIONS FROM COVERED SUPPORT.—Such 

20 section is further amended in paragraph (2)(B) of sub21 section (l), as so redesignated— 

22 (1) in clause (ii), by inserting ‘‘, reimbursement 

23 for travel or lodging, and stipends or per diem pay24 ments’’ before the period at the end; and 


pbinns on DSKJLVW7X2PROD with BILLS
733 

•S 4049 RS

1 (2) by adding at the end the following new 

2 clause: 

3 ‘‘(iii) Any activity involving one or 

4 more members of an organization des5 ignated as a foreign terrorist organization 

6 pursuant to section 219 of the Immigra7 tion and Nationality Act (8 U.S.C. 1189) 

8 or an individual designated as a specially 

9 designated global terrorist pursuant to Ex10 ecutive Order 13224 (50 U.S.C. 1701 

11 note; relating to blocking property and pro12 hibiting transactions with persons who 

13 commit, threaten to commit, or support 

14 terrorism).’’. 

15 SEC. 1214. SENSE OF SENATE ON SPECIAL IMMIGRANT VISA 

16 PROGRAM FOR AFGHAN ALLIES. 

17 It is the sense of the Senate that— 

18 (1) the special immigrant visa program for Af19 ghan allies is critical to the mission in Afghanistan 

20 and the long-term interests of the United States; 

21 (2) maintaining a robust special immigrant visa 

22 program for Afghan allies is necessary to support 

23 United States Government personnel in Afghanistan 

24 who need translation, interpretation, security, and 

25 other services; 


pbinns on DSKJLVW7X2PROD with BILLS
734 

•S 4049 RS

1 (3) Afghan allies routinely risk their lives to as2 sist United States military and diplomatic personnel; 

3 (4) honoring the commitments made to Afghan 

4 allies with respect to the special immigrant visa pro5 gram is essential to ensuring— 

6 (A) the continued service and safety of 

7 such allies; and 

8 (B) the willingness of other like-minded in9 dividuals to provide similar services in any fu10 ture contingency; 

11 (5) the Afghan Allies Protection Act of 2009 (8 

12 U.S.C. 1101 note) states that all Government-con13 trolled processing of applications for special immi14 grant visas under that Act ‘‘should be completed not 

15 later than 9 months after the date on which an eligi16 ble alien submits all required materials to complete 

17 an application for such visa’’; 

18 (6) any backlog in processing special immigrant 

19 visa applications should be addressed as quickly as 

20 possible so as to honor the United States commit21 ment to Afghan allies as soon as possible; 

22 (7) failure to process such applications in an 

23 expeditious manner puts lives at risk and jeopardizes 

24 a critical element of support to United States oper25 ations in Afghanistan; and 


pbinns on DSKJLVW7X2PROD with BILLS
735 

•S 4049 RS

1 (8) to prevent harm to the operations of the 

2 United States Government in Afghanistan, addi3 tional visas should be made available to principal 

4 aliens who are eligible for special immigrant status 

5 under that Act. 

6 SEC. 1215. SENSE OF SENATE AND REPORT ON UNITED 

7 STATES PRESENCE IN AFGHANISTAN. 

8 (a) SENSE OF THE SENATE.—It is the sense of the 

9 Senate that— 

10 (1) the United States and our coalition partners 

11 have made progress in the fight against al-Qaeda 

12 and ISIS in Afghanistan; however, both groups— 

13 (A) maintain an ability to operate in Af14 ghanistan; 

15 (B) seek to undermine stability in the re16 gion; and 

17 (C) threaten the security of Afghanistan, 

18 the United States, and the allies of the United 

19 States; 

20 (2) the South Asia strategy correctly empha21 sizes the importance of a conditions-based United 

22 States presence in Afghanistan; therefore, any deci23 sion to withdraw the Armed Forces of the United 

24 States from Afghanistan should be done in an or25 derly manner in response to conditions on the 


pbinns on DSKJLVW7X2PROD with BILLS
736 

•S 4049 RS

1 ground, and in coordination with the Government of 

2 Afghanistan and United States allies and partners in 

3 the Resolute Support mission, rather than arbitrary 

4 timelines; 

5 (3) a precipitous withdrawal of the Armed 

6 Forces of the United States and United States diplo7 matic and intelligence personnel from Afghanistan 

8 without effective, countervailing efforts to secure 

9 gains in Afghanistan may allow violent extremist 

10 groups to regenerate, threatening the security of the 

11 Afghan people and creating a security vacuum that 

12 could destabilize the region and provide ample safe 

13 haven for extremist groups seeking to conduct exter14 nal attacks; 

15 (4) ongoing diplomatic efforts to secure a 

16 peaceful, negotiated solution to the conflict in Af17 ghanistan are the best path forward for establishing 

18 long-term stability and eliminating the threat posed 

19 by extremist groups in Afghanistan; 

20 (5) the United States supports international 

21 diplomatic efforts to facilitate peaceful, negotiated 

22 resolution to the ongoing conflict in Afghanistan on 

23 terms that respect the rights of innocent civilians 

24 and deny safe havens to terrorists; and 


pbinns on DSKJLVW7X2PROD with BILLS
737 

•S 4049 RS

1 (6) as part of such diplomatic efforts, and as a 

2 condition to be met prior to withdrawal, the United 

3 States should seek to secure the release of any 

4 United States citizens being held against their will 

5 in Afghanistan. 

6 (b) REPORT.— 

7 (1) IN GENERAL.—Not later than September 1, 

8 2020, the Secretary of Defense shall submit to the 

9 Committees on Armed Services of the Senate and 

10 the House of Representative a report that includes— 

11 (A) an assessment of— 

12 (i) the external threat posed by ex13 tremist groups operating in Afghanistan to 

14 the United States homeland and the home15 lands of United States allies; 

16 (ii) the impact of cessation of United 

17 States counterterrorism activities on the 

18 size, strength, and external aims of such 

19 groups; and 

20 (iii) the international financial sup21 port the Afghan National Defense and Se22 curity Forces requires in order to maintain 

23 current operational capabilities, including 

24 force cohesion and combat effectiveness; 


pbinns on DSKJLVW7X2PROD with BILLS
738 

•S 4049 RS

1 (B) a plan for the orderly transition of all 

2 security-related tasks currently undertaken by 

3 the Armed Forces of the United States in sup4 port of the Afghan National Defense and Secu5 rity Forces to Afghanistan, including— 

6 (i) precision targeting of Afghanistan7 based terrorists; 

8 (ii) combat-enabler support, such as 

9 artillery and aviation assets; and 

10 (iii) noncombat-enabler support, such 

11 as intelligence, surveillance and reconnais12 sance, medical evacuation, and contractor 

13 logistic support; and 

14 (C) an update on the status of any United 

15 States citizens detained in Afghanistan, and an 

16 overview of Administration efforts to secure 

17 their release. 

18 (2) FORM.—The report required by paragraph 

19 (1) shall be submitted in unclassified form but may 

20 contain a classified annex. 


pbinns on DSKJLVW7X2PROD with BILLS
739 

•S 4049 RS

1 Subtitle C—Matters Relating to 

2 Syria, Iraq, and Iran 

3 SEC. 1221. EXTENSION OF AUTHORITY AND LIMITATION ON 

4 USE OF FUNDS TO PROVIDE ASSISTANCE TO 

5 COUNTER THE ISLAMIC STATE OF IRAQ AND 

6 SYRIA. 

7 (a) EXTENSION.—Subsection (a) of section 1236 of 

8 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

9 Defense Authorization Act for Fiscal Year 2015 (Public 

10 Law 113–291; 128 Stat. 3558), as most recently amended 

11 by section 1233(a) of the John S. McCain National De12 fense Authorization Act for Fiscal Year 2019 (Public Law 

13 115–232; 132 Stat. 2039), is further amended, in the 

14 matter preceding paragraph (1), by striking ‘‘December 

15 31, 2020’’ and inserting ‘‘December 31, 2021’’. 

16 (b) FUNDING.—Subsection (g) of such section 1236, 

17 as most recently amended by section 1221 of the National 

18 Defense Authorization Act for Fiscal year 2020 (Public 

19 Law 116–92), is amended to read as follows: 

20 ‘‘(g) FUNDING.— 

21 ‘‘(1) IN GENERAL.—Of the amounts authorized 

22 to be appropriated for the Department of Defense 

23 for Overseas Contingency Operations for fiscal year 

24 2021, not more than $322,500,000 may be used to 

25 carry out this section. 


pbinns on DSKJLVW7X2PROD with BILLS
740 

•S 4049 RS

1 ‘‘(2) LIMITATION AND REPORT.— 

2 ‘‘(A) IN GENERAL.—Of the funds author3 ized to be appropriated under paragraph (1), 

4 not more than 25 percent may be obligated or 

5 expended until the date on which the Secretary 

6 of Defense submits to the appropriate congres7 sional committees a report that includes the fol8 lowing: 

9 ‘‘(i) An explanation of the manner in 

10 which such support aligns with the objec11 tives contained in the national defense 

12 strategy. 

13 ‘‘(ii) A description of the manner in 

14 which such support is synchronized with 

15 larger whole-of-government funding efforts 

16 to strengthen the bilateral relationship be17 tween the United States and Iraq. 

18 ‘‘(iii) A description of— 

19 ‘‘(I) actions taken by the Govern20 ment of Iraq to assert control over 

21 popular mobilization forces; and 

22 ‘‘(II) the role of popular mobili23 zation forces in the national security 

24 apparatus of Iraq. 


pbinns on DSKJLVW7X2PROD with BILLS
741 

•S 4049 RS

1 ‘‘(iv) A plan to fully transition secu2 rity assistance for the Iraqi Security 

3 Forces from the Counter-Islamic State of 

4 Iraq and Syria Train and Equip Fund to 

5 standing security assistance authorities 

6 managed by the Defense Security Coopera7 tion Agency and the Department of State 

8 by not later than September 30, 2022. 

9 ‘‘(B) FORM.—The report under subpara10 graph (A) shall be submitted in unclassified 

11 form but may include a classified annex.’’. 

12 SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY 

13 TO PROVIDE ASSISTANCE TO VETTED SYRIAN 

14 GROUPS AND INDIVIDUALS. 

15 Section 1209 of the Carl Levin and Howard P. 

16 ‘‘Buck’’ McKeon National Defense Authorization Act for 

17 Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3541), 

18 as most recently amended by section 1222(a) of the Na19 tional Defense Authorization Act for Fiscal Year 2020 

20 (Public Law 116–92), is further amended— 

21 (1) in the section heading, by striking ‘‘THE

22 VETTED SYRIAN OPPOSITION’’ and inserting 

23 ‘‘VETTED SYRIAN GROUPS AND INDIVIDUALS’’; 


pbinns on DSKJLVW7X2PROD with BILLS
742 

•S 4049 RS

1 (2) in subsection (a), in the matter preceding 

2 paragraph (1), by striking ‘‘December 31, 2020’’ 

3 and inserting ‘‘December 31, 2021’’; 

4 (3) by striking subsections (b) and (c); 

5 (4) by redesignating subsections (d) through 

6 (m) as subsections (b) through (k), respectively; and 

7 (5) in paragraph (2) of subsection (b), as so re8 designated— 

9 (A) in subparagraph (J)(iii), by redesig10 nating subclause (I) as subparagraph (M) and 

11 moving the subparagraph four ems to the left; 

12 (B) by redesignating subparagraphs (A) 

13 through (F) and (G) through (J) as subpara14 graphs (B) through (G) and (I) through (L), 

15 respectively; 

16 (C) by inserting before subparagraph (B), 

17 as so redesignated, the following new subpara18 graph (A): 

19 ‘‘(A) An accounting of the obligation and 

20 expenditure of authorized funding for the cur21 rent and preceding fiscal year.’’; 

22 (D) by inserting after subparagraph (G), 

23 as so redesignated, the following new subpara24 graph (H): 


pbinns on DSKJLVW7X2PROD with BILLS
743 

•S 4049 RS

1 ‘‘(H) The mechanisms and procedures that 

2 will be used to monitor and report to the appro3 priate congressional committees and leadership 

4 of the Senate and House of Representatives any 

5 unauthorized end-use of provided training and 

6 equipment or other violations of relevant law by 

7 appropriately vetted recipients.’’; and 

8 (E) by adding at the end the following new 

9 subparagraph: 

10 ‘‘(N) Any other matter the Secretary con11 siders appropriate.’’. 

12 SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY 

13 TO SUPPORT OPERATIONS AND ACTIVITIES 

14 OF THE OFFICE OF SECURITY COOPERATION 

15 IN IRAQ. 

16 (a) LIMITATION ON AMOUNT.—Subsection (c) of sec17 tion 1215 of the National Defense Authorization Act for 

18 Fiscal Year 2015 (10 U.S.C. 113 note) is amended— 

19 (1) by striking ‘‘fiscal year 2020’’ and inserting 

20 ‘‘fiscal year 2021’’; and 

21 (2) by striking ‘‘$30,000,000’’ and inserting 

22 ‘‘$15,000,000’’. 

23 (b) SOURCE OF FUNDS.—Subsection (d) of such sec24 tion is amended by striking ‘‘fiscal year 2020’’ and insert25 ing ‘‘fiscal year 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
744 

•S 4049 RS

1 (c) ADDITIONAL AUTHORITY.—Subsection (f) of such 

2 section is amended— 

3 (1) in paragraph (1), in the matter preceding 

4 subparagraph (A), by striking ‘‘fiscal year 2019’’ 

5 and inserting ‘‘fiscal year 2021’’; and 

6 (2) in paragraph (3), by striking ‘‘the National 

7 Defense Authorization Act for Fiscal Year 2020’’ 

8 and inserting ‘‘the National Defense Authorization 

9 Act for Fiscal Year 2021’’. 

10 (d) REPORT.—Subsection (g)(1) of such section is 

11 amended by striking ‘‘September 30, 2020’’ and inserting 

12 ‘‘March 1, 2021’’. 

13 (e) LIMITATION ON AVAILABILITY OF FUNDS.—Sub14 section (h) of such section is amended— 

15 (1) in the matter preceding paragraph (1)— 

16 (A) by striking ‘‘fiscal year 2020’’ and in17 serting ‘‘fiscal year 2021’’; and 

18 (B) by striking ‘‘$20,000,000’’ and insert19 ing ‘‘$10,000,000’’; 

20 (2) by striking paragraph (1); 

21 (3) by redesignating paragraphs (2) and (3) as 

22 paragraphs (1) and (2), respectively; 

23 (4) in paragraph (1), as so redesignated, by 

24 striking ‘‘The development of a staffing plan’’ and 


pbinns on DSKJLVW7X2PROD with BILLS
745 

•S 4049 RS

1 inserting ‘‘A progress report with respect to the de2 velopment of a staffing plan’’; and 

3 (5) in paragraph (2), as so redesignated, by 

4 striking ‘‘The initiation’’ and inserting ‘‘A progress 

5 report with respect to the initiation’’. 

6 Subtitle D—Matters Relating to Eu7 rope and the Russian Federa8 tion 

9 SEC. 1231. EXTENSION OF LIMITATION ON MILITARY CO10 OPERATION BETWEEN THE UNITED STATES 

11 AND THE RUSSIAN FEDERATION. 

12 Section 1232(a) of the National Defense Authoriza13 tion Act for Fiscal Year 2017 (Public Law 114–328; 130 

14 Stat. 2488), as most recently amended by section 1231 

15 of the National Defense Authorization Act for Fiscal Year 

16 2020 (Public Law 116–92), is further amended in the 

17 matter preceding paragraph (1), by striking ‘‘, 2019, or 

18 2020’’ and inserting ‘‘2019, 2020, or 2021’’. 

19 SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RE20 LATING TO SOVEREIGNTY OF THE RUSSIAN 

21 FEDERATION OVER CRIMEA. 

22 (a) PROHIBITION.—None of the funds authorized to 

23 be appropriated by this Act for fiscal year 2021 for the 

24 Department of Defense may be obligated or expended to, 

25 and the Department may not, implement any activity that 


pbinns on DSKJLVW7X2PROD with BILLS
746 

•S 4049 RS

1 recognizes the sovereignty of the Russian Federation over 

2 Crimea. 

3 (b) WAIVER.—The Secretary of Defense, with the 

4 concurrence of the Secretary of State, may waive the pro5 hibition under subsection (a) if the Secretary of Defense— 

6 (1) determines that a waiver is in the national 

7 security interest of the United States; and 

8 (2) on the date on which the waiver is invoked, 

9 submits a notification of the waiver and a justifica10 tion of the reason for seeking the waiver to— 

11 (A) the Committee on Armed Services and 

12 the Committee on Foreign Relations of the Sen13 ate; and 

14 (B) the Committee on Armed Services and 

15 the Committee on Foreign Affairs of the House 

16 of Representatives. 

17 SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SE18 CURITY ASSISTANCE INITIATIVE. 

19 Section 1250 of the National Defense Authorization 

20 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

21 1068), as most recently amended by section 1244 of the 

22 National Defense Authorization Act for Fiscal Year 2020 

23 (Public Law 116–92), is further amended— 

24 (1) in subsection (c)— 

25 (A) in paragraph (2)(B)— 


pbinns on DSKJLVW7X2PROD with BILLS
747 

•S 4049 RS

1 (i) in clause (iv), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (ii) in clause (v), by striking the pe4 riod at the end and inserting a semicolon; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(vi) transformation of command and 

9 control structures and roles in line with 

10 North Atlantic Treaty Organization prin11 ciples; and 

12 ‘‘(vii) improvement of human re13 sources management, including to support 

14 career management reforms, enhanced so15 cial support to military personnel and their 

16 families, and professional military edu17 cation systems.’’; and 

18 (B) by amending paragraph (5) to read as 

19 follows: 

20 ‘‘(5) LETHAL ASSISTANCE.—Of the funds avail21 able for fiscal year 2021 pursuant to subsection 

22 (f)(6), $125,000,000 shall be available only for le23 thal assistance described in paragraphs (2), (3), 

24 (11), (12), (13), and (14) of subsection (b).’’; 


pbinns on DSKJLVW7X2PROD with BILLS
748 

•S 4049 RS

1 (2) in subsection (f), by adding at the end the 

2 following new paragraph: 

3 ‘‘(6) For fiscal year 2021, $250,000,000.’’; and 

4 (3) in subsection (h), by striking ‘‘December 

5 31, 2022’’ and inserting ‘‘December 31, 2024’’. 

6 SEC. 1234. REPORT ON CAPABILITY AND CAPACITY RE7 QUIREMENTS OF MILITARY FORCES OF 

8 UKRAINE AND RESOURCE PLAN FOR SECU9 RITY ASSISTANCE. 

10 (a) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Secretary of Defense and 

12 the Secretary of State shall jointly submit to the appro13 priate committees of Congress a report on the capability 

14 and capacity requirements of the military forces of 

15 Ukraine, which shall include the following: 

16 (1) An analysis of the capability gaps and ca17 pacity shortfalls of the military forces of Ukraine 

18 that includes— 

19 (A) an assessment of the requirements of 

20 the navy of Ukraine to accomplish its assigned 

21 missions; and 

22 (B) an assessment of the requirements of 

23 the air force of Ukraine to accomplish its as24 signed missions. 


pbinns on DSKJLVW7X2PROD with BILLS
749 

•S 4049 RS

1 (2) An assessment of the relative priority as2 signed by the Government of Ukraine to addressing 

3 such capability gaps and capacity shortfalls. 

4 (3) An assessment of the capability gaps and 

5 capacity shortfalls that— 

6 (A) could be addressed in a sufficient and 

7 timely manner by unilateral efforts of the Gov8 ernment of Ukraine; and 

9 (B) are unlikely to be addressed in a suffi10 cient and timely manner solely through unilat11 eral efforts. 

12 (4) An assessment of the capability gaps and 

13 capacity shortfalls described in paragraph (3)(B) 

14 that could be addressed in a sufficient and timely 

15 manner by— 

16 (A) the Ukraine Security Assistance Initia17 tive of the Department of Defense; 

18 (B) Department of Defense security assist19 ance authorized by section 333 of title 10, 

20 United States Code; 

21 (C) the Foreign Military Financing and 

22 Foreign Military Sales programs of the Depart23 ment of State; or 

24 (D) the provision of excess defense articles. 


pbinns on DSKJLVW7X2PROD with BILLS
750 

•S 4049 RS

1 (5) An assessment of the human resources re2 quirements of the Office of Defense Cooperation at 

3 the United States Embassy in Kyiv and any gaps in 

4 the capacity of such Office of Defense Cooperation 

5 to provide security assistance to Ukraine. 

6 (6) Any recommendations the Secretary of De7 fense and the Secretary of State consider appro8 priate concerning the coordination of security assist9 ance efforts of the Department of Defense and the 

10 Department of State with respect to Ukraine. 

11 (b) RESOURCE PLAN.—Not later than February 15, 

12 2022, the Secretary of Defense and the Secretary of State 

13 shall jointly submit to the appropriate committees of Con14 gress a resource plan for United States security assistance 

15 with respect to Ukraine, which shall include the following: 

16 (1) A plan to resource the following initiatives 

17 and programs with respect to Ukraine in fiscal year 

18 2023 and the four succeeding fiscal years to meet 

19 the most critical capability gaps and capacity short20 falls of the military forces of Ukraine: 

21 (A) The Ukraine Security Assistance Ini22 tiative of the Department of Defense. 

23 (B) Department of Defense security assist24 ance authorized by section 333 of title 10, 

25 United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
751 

•S 4049 RS

1 (C) The Foreign Military Financing and 

2 Foreign Military Sales programs of the Depart3 ment of State. 

4 (D) The provision of excess defense arti5 cles. 

6 (2) With respect to the navy of Ukraine, the 

7 following: 

8 (A) A capability development plan, with 

9 milestones, detailing the manner in which the 

10 United States will assist the Government of 

11 Ukraine in meeting the requirements referred 

12 to in subsection (a)(1)(A). 

13 (B) A plan for United States cooperation 

14 with third countries and international organiza15 tions that have the resources and ability to pro16 vide immediate assistance to the navy of 

17 Ukraine while maintaining interoperability with 

18 United States platforms to the extent feasible. 

19 (C) A plan to prioritize the provision of ex20 cess defense articles for the navy of Ukraine to 

21 the extent practicable during fiscal year 2023 

22 and the four succeeding fiscal years. 

23 (D) An assessment of the manner in which 

24 United States security assistance to the navy of 


pbinns on DSKJLVW7X2PROD with BILLS
752 

•S 4049 RS

1 Ukraine is in the national security interests of 

2 the United States. 

3 (3) With respect to the air force of Ukraine, the 

4 following: 

5 (A) A capability development plan, with 

6 milestones, detailing the manner in which the 

7 United States will assist the Government of 

8 Ukraine in meeting the requirements referred 

9 to in subsection (a)(1)(B). 

10 (B) A plan for United States cooperation 

11 with third countries and international organiza12 tions that have the resources and ability to pro13 vide immediate assistance to the air force of 

14 Ukraine while maintaining interoperability with 

15 United States platforms to the extent feasible. 

16 (C) A plan to prioritize the provision of ex17 cess defense articles for the air force of Ukraine 

18 to the extent practicable during fiscal year 2023 

19 and the four succeeding fiscal years. 

20 (D) An assessment of the manner in which 

21 United States security assistance to the air 

22 force of Ukraine is in the national security in23 terests of the United States. 

24 (4) An assessment of progress on defense insti25 tutional reforms in Ukraine, including with respect 


pbinns on DSKJLVW7X2PROD with BILLS
753 

•S 4049 RS

1 to the navy and air force of Ukraine, during fiscal 

2 year 2023 and the four succeeding fiscal years that 

3 will be essential for— 

4 (A) enabling effective use and sustainment 

5 of capabilities developed under security assist6 ance authorities described in this section; 

7 (B) enhancing the defense of the sov8 ereignty and territorial integrity of Ukraine; 

9 (C) achieving the stated goal of the Gov10 ernment of Ukraine of meeting North Atlantic 

11 Treaty Organization standards; and 

12 (D) allowing Ukraine to achieve its full po13 tential as a strategic partner of the United 

14 States. 

15 (c) FORM.—The report required by subsection (a) 

16 and the resource plan required by subsection (b) shall each 

17 be submitted in a classified form with an unclassified sum18 mary. 

19 (d) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate commit21 tees of Congress’’ means— 

22 (1) the Committee on Armed Services, the 

23 Committee on Foreign Relations, and the Committee 

24 on Appropriations of the Senate; and 


pbinns on DSKJLVW7X2PROD with BILLS
754 

•S 4049 RS

1 (2) the Committee on Armed Services, the 

2 Committee on Foreign Affairs, and the Committee 

3 on Appropriations of the House of Representatives. 

4 SEC. 1235. SENSE OF SENATE ON NORTH ATLANTIC TREATY 

5 ORGANIZATION ENHANCED OPPORTUNITIES 

6 PARTNER STATUS FOR UKRAINE. 

7 It is the sense of the Senate that— 

8 (1) the United States should support the des9 ignation of Ukraine as an enhanced opportunities 

10 partner as part of the Partnership Interoperability 

11 Initiative of the North Atlantic Treaty Organization; 

12 (2) the participation of Ukraine in the en13 hanced opportunities partner program is in the 

14 shared security interests of Ukraine, the United 

15 States, and the North Atlantic Treaty Organization 

16 alliance; 

17 (3) the unique experience, capabilities, and 

18 technical expertise of Ukraine, especially with re19 spect to hybrid warfare, cybersecurity, and foreign 

20 disinformation, would enable Ukraine to make a 

21 positive contribution to the North Atlantic Treaty 

22 Organization alliance through participation in the 

23 enhanced opportunities partner program; 

24 (4) while not a replacement for North Atlantic 

25 Treaty Organization membership, participation in 


pbinns on DSKJLVW7X2PROD with BILLS
755 

•S 4049 RS

1 the enhanced opportunities partner program would 

2 have significant benefits for the security of Ukraine, 

3 including— 

4 (A) more regular consultations on security 

5 matters; 

6 (B) enhanced access to interoperability 

7 programs and exercises; 

8 (C) expanded information sharing; and 

9 (D) improved coordination of crisis pre10 paredness and response; and 

11 (5) progress on defense institutional reforms in 

12 Ukraine, including defense institutional reforms in13 tended to align the military forces of Ukraine with 

14 North Atlantic Treaty Organization standards, re15 mains essential for— 

16 (A) a more effective defense of the sov17 ereignty and territorial integrity of Ukraine; 

18 (B) allowing Ukraine to achieve its full po19 tential as a strategic partner of the United 

20 States; and 

21 (C) increased cooperation between Ukraine 

22 and the North Atlantic Treaty Organization. 


pbinns on DSKJLVW7X2PROD with BILLS
756 

•S 4049 RS

1 SEC. 1236. EXTENSION OF AUTHORITY FOR TRAINING FOR 

2 EASTERN EUROPEAN NATIONAL SECURITY 

3 FORCES IN THE COURSE OF MULTILATERAL 

4 EXERCISES. 

5 Subsection (h) of section 1251 of the National De6 fense Authorization Act for Fiscal Year 2016 (10 U.S.C. 

7 333 note), as most recently amended by section 1247 of 

8 the National Defense Authorization Act for Fiscal Year 

9 2020 (Public Law 116–92) is further amended— 

10 (1) in the first sentence, by striking ‘‘December 

11 31, 2021’’ and inserting ‘‘December 31, 2023’’; and 

12 (2) in the second sentence, by striking ‘‘the pe13 riod beginning on October 1, 2015, and ending on 

14 December 31, 2021’’ and inserting ‘‘the period be15 ginning on October 1, 2015, and ending on Decem16 ber 31, 2023’’. 

17 SEC. 1237. SENSE OF SENATE ON KOSOVO AND THE ROLE 

18 OF THE KOSOVO FORCE OF THE NORTH AT19 LANTIC TREATY ORGANIZATION. 

20 It is the sense of the Senate that— 

21 (1) normalization of relations between Kosovo 

22 and Serbia is in the interest of both countries and 

23 would enhance security and stability in the Western 

24 Balkans; 

25 (2) the United States should continue to sup26 port the diplomatic efforts of Kosovo and Serbia to 


pbinns on DSKJLVW7X2PROD with BILLS
757 

•S 4049 RS

1 reach a historic agreement to normalize relations be2 tween the two countries; 

3 (3) mutual recognition should be a central ele4 ment of normalization of relations between Kosovo 

5 and Serbia; 

6 (4) both Kosovo and Serbia should refrain from 

7 actions that would make an agreement more difficult 

8 to achieve; 

9 (5) the Kosovo Force of the North Atlantic 

10 Treaty Organization continues to play an indispen11 sable role in maintaining security and stability, 

12 which are the essential predicates for the success of 

13 the diplomatic efforts of Kosovo and Serbia to 

14 achieve normalization of relations; 

15 (6) the participation of the United States 

16 Armed Forces in the Kosovo Force is foundational 

17 to the credibility and success of mission of the 

18 Kosovo Force; 

19 (7) with the North Atlantic Treaty Organiza20 tion allies and other European partners contributing 

21 over 80 percent of the troops for the mission, the 

22 Kosovo Force represents a positive example of bur23 den sharing; 

24 (8) together with the allies and partners of the 

25 United States, the United States should— 


pbinns on DSKJLVW7X2PROD with BILLS
758 

•S 4049 RS

1 (A) maintain its commitment to the 

2 Kosovo Force; and 

3 (B) take all appropriate steps to ensure 

4 that the Kosovo Force has the necessary per5 sonnel, capabilities, and resources to perform 

6 its critical mission; and 

7 (9) the United States should continue to sup8 port the gradual transition of the Kosovo Security 

9 Force to a multi-ethnic army for the Republic of 

10 Kosovo that is interoperable with North Atlantic 

11 Treaty Organization members through an inclusive 

12 and transparent process that— 

13 (A) respects the rights and concerns of all 

14 citizens of Kosovo; 

15 (B) promotes regional security and sta16 bility; and 

17 (C) supports the aspirations of Kosovo for 

18 eventual full membership in the North Atlantic 

19 Treaty Organization. 

20 SEC. 1238. SENSE OF SENATE ON STRATEGIC COMPETITION 

21 WITH THE RUSSIAN FEDERATION AND RE22 LATED ACTIVITIES OF THE DEPARTMENT OF 

23 DEFENSE. 

24 It is the sense of the Senate that— 


pbinns on DSKJLVW7X2PROD with BILLS
759 

•S 4049 RS

1 (1) the 2018 National Defense Strategy affirms 

2 the re-emergence of long-term strategic competition 

3 with the Russian Federation as a principal priority 

4 for the Department of Defense that requires sus5 tained investment due to the magnitude of the 

6 threat posed to United States security, prosperity, 

7 and alliances and partnerships; 

8 (2) given the continued military modernization 

9 of the Russian Federation, including the develop10 ment of long-range strike systems and other ad11 vanced capabilities, the United States should 

12 prioritize efforts within the North Atlantic Treaty 

13 Organization to implement timely measures to en14 sure that the deterrence and defense posture of the 

15 North Atlantic Treaty Organization remains credible 

16 and effective; 

17 (3) the United States should reaffirm support 

18 for the open-door policy of the North Atlantic Trea19 ty Organization; 

20 (4) to enhance deterrence against aggression by 

21 the Russian Federation, the Department of Defense 

22 should— 

23 (A) continue— 

24 (i) to prioritize funding for the Euro25 pean Deterrence Initiative to address capaVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
760 

•S 4049 RS

1 bility gaps, capacity shortfalls, and infra2 structure requirements of the Joint Force 

3 in Europe; 

4 (ii) to increase pre-positioned stocks 

5 of equipment in Europe; and 

6 (iii) rotational deployments of United 

7 States forces to Romania and Bulgaria 

8 while pursuing training opportunities at 

9 military locations such as Camp Mihail 

10 Kogalniceanu in Romania and Novo Selo 

11 Training Area in Bulgaria; 

12 (B) increase— 

13 (i) focus and resources to address the 

14 changing military balance in the Black Sea 

15 region; 

16 (ii) the frequency, scale, and scope of 

17 North Atlantic Treaty Organization and 

18 other multilateral exercises in the Black 

19 Sea region, including with the participation 

20 of Ukraine and Georgia; and 

21 (iii) presence and activities in the Arc22 tic, including special operations training 

23 and naval operations and training; 

24 (C) maintain robust naval presence at 

25 Souda Bay, Greece, and pursue opportunities 


pbinns on DSKJLVW7X2PROD with BILLS
761 

•S 4049 RS

1 for increased United States presence at other 

2 locations in Greece; 

3 (D) enhance military-to-military engage4 ment among Western Balkan countries to pro5 mote interoperability with the North Atlantic 

6 Treaty Organization and regional security co7 operation; and 

8 (E) expand information sharing, improve 

9 planning coordination, and increase the fre10 quency, scale, and scope of exercises with Swe11 den and Finland to deepen interoperability; and 

12 (5) to counter Russian Federation activities 

13 short of armed conflict, the Department of Defense 

14 should— 

15 (A) integrate with United States inter16 agency efforts to employ all elements of na17 tional power to counter Russian Federation hy18 brid warfare; and 

19 (B) bolster the capabilities of allies and 

20 partners to counteract Russian Federation coer21 cion, including through expanded cyber coopera22 tion and enhanced resilience against 

23 disinformation and malign influence. 


pbinns on DSKJLVW7X2PROD with BILLS
762 

•S 4049 RS

1 SEC. 1239. REPORT ON RUSSIAN FEDERATION SUPPORT OF 

2 RACIALLY AND ETHNICALLY MOTIVATED VIO3 LENT EXTREMISTS. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary of De6 fense, in consultation with the head of any other relevant 

7 Federal department or agency, shall submit to the appro8 priate committees of Congress a report on Russian Fed9 eration support of racially and ethnically motivated violent 

10 extremist groups and networks in Europe and the United 

11 States, including such support provided by agents and en12 tities of the Russian Federation acting at the direction or 

13 for the benefit of the Government of the Russian Federa14 tion. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following: 

17 (1) A list of each racially or ethnically moti18 vated violent extremist group or network in Europe 

19 or the United States known to meet, or suspected of 

20 meeting, the following criteria: 

21 (A) The group or network has been tar22 geted or recruited by the security services of the 

23 Russian Federation. 

24 (B) The group or network has received 

25 support (including training, disinformation or 

26 amplification on social media platforms, finanVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
763 

•S 4049 RS

1 cial support, and any other support) from the 

2 Russian Federation or an agent or entity of the 

3 Russian Federation acting at the direction or 

4 for the benefit of the Government of the Rus5 sian Federation. 

6 (C) The group— 

7 (i) has leadership or a base of oper8 ations located within the Russian Federa9 tion; and 

10 (ii) operates or maintains a chapter or 

11 network of the group in Europe or the 

12 United States. 

13 (2) An assessment of the manner in which Rus14 sian Federation support of such groups or networks 

15 aligns with the strategic interests of the Russian 

16 Federation with respect to Europe and the United 

17 States. 

18 (3) An assessment of the role of such groups or 

19 networks in— 

20 (A) assisting Russian Federation-backed 

21 separatist forces in the Donbas region of 

22 Ukraine; or 

23 (B) destabilizing security on the Crimean 

24 peninsula of Ukraine. 


pbinns on DSKJLVW7X2PROD with BILLS
764 

•S 4049 RS

1 (4) An assessment of the manner in which Rus2 sian Federation support of such groups or networks 

3 has— 

4 (A) contributed to the destabilization of se5 curity in the Balkans; and 

6 (B) threatened the support for the North 

7 Atlantic Treaty Organization in Southeastern 

8 Europe. 

9 (5) A description of any relationship or affili10 ation between such groups or networks and 

11 ultranationalist or extremist political parties in Eu12 rope and the United States, and an assessment of 

13 the manner in which the Russian Federation may 

14 use such a relationship or affiliation to advance the 

15 strategic interests of the Russian Federation. 

16 (6) A description of the use by the Russian 

17 Federation of social media platforms to support or 

18 amplify the presence or messaging of such groups or 

19 networks, and an assessment of any effort in Europe 

20 or the United States to counter such support or am21 plification. 

22 (7) A description of the legal and political im23 plications of the designation of the Russian Imperial 

24 Movement, and members of the leadership of the 

25 Russian Imperial Movement, as specially designated 


pbinns on DSKJLVW7X2PROD with BILLS
765 

•S 4049 RS

1 global terrorists pursuant to Executive Order 13224 

2 (50 U.S.C. 1701 note; relating to blocking property 

3 and prohibiting transactions with persons who com4 mit, threaten to commit, or support terrorism) and 

5 the response of the Government of the Russian Fed6 eration to such designation. 

7 (8) Recommendations of the Secretary of De8 fense, consistent with a whole-of-government ap9 proach to countering Russian Federation informa10 tion warfare and malign influence operations— 

11 (A) to mitigate the security threat posed 

12 by such groups or networks; and 

13 (B) to reduce or counter Russian Federa14 tion support for such groups or networks. 

15 (c) FORM.—The report required by subsection (a) 

16 shall be submitted in unclassified form but may include 

17 a classified annex. 

18 (d) APPROPRIATE COMMITTEES OF CONGRESS DE19 FINED.—In this section, the term ‘‘appropriate commit20 tees of Congress’’ means— 

21 (1) the Committee on Armed Services, the 

22 Committee on Foreign Relations, and the Select 

23 Committee on Intelligence of the Senate; and 

24 (2) the Committee on Armed Services, the 

25 Committee on Foreign Affairs, and the Permanent 


pbinns on DSKJLVW7X2PROD with BILLS
766 

•S 4049 RS

1 Select Committee on Intelligence of the House of 

2 Representatives. 

3 SEC. 1240. PARTICIPATION IN EUROPEAN PROGRAM ON 

4 MULTILATERAL EXCHANGE OF SURFACE 

5 TRANSPORTATION SERVICES. 

6 (a) IN GENERAL.—Subchapter II of chapter 138 of 

7 title 10, United States Code, is amended by inserting after 

8 subsection (l) the following new section 2350m: 

9 ‘‘§ 2350m. Participation in European program on mul10 tilateral exchange of surface transpor11 tation services 

12 ‘‘(a) PARTICIPATION AUTHORIZED.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

14 with the concurrence of the Secretary of State, may 

15 authorize the participation of the Department of De16 fense in the Surface Exchange of Services program 

17 (in this section referred to as the ‘SEOS program’) 

18 of the Movement Coordination Centre Europe. 

19 ‘‘(2) SCOPE OF PARTICIPATION.—Participation 

20 of the Department of Defense in the SEOS program 

21 under paragraph (1) may include— 

22 ‘‘(A) the reciprocal exchange or transfer of 

23 surface transportation on a reimbursable basis 

24 or by replacement-in-kind; and 


pbinns on DSKJLVW7X2PROD with BILLS
767 

•S 4049 RS

1 ‘‘(B) the exchange of surface transpor2 tation services of an equal value. 

3 ‘‘(b) WRITTEN ARRANGEMENT OR AGREEMENT.— 

4 ‘‘(1) IN GENERAL.—Participation of the De5 partment of Defense in the SEOS program shall be 

6 in accordance with a written arrangement or agree7 ment entered into by the Secretary of Defense, with 

8 the concurrence of the Secretary of State, and the 

9 Movement Coordination Centre Europe. 

10 ‘‘(2) NOTIFICATION.—The Secretary of Defense 

11 shall provide to the congressional defense commit12 tees notification of any arrangement or agreement 

13 entered into under paragraph (1). 

14 ‘‘(3) FUNDING ARRANGEMENTS.—If Depart15 ment of Defense facilities, equipment, or funds are 

16 used to support the SEOS program, the written ar17 rangement or agreement under paragraph (1) shall 

18 specify the details of any equitable cost-sharing or 

19 other funding arrangement. 

20 ‘‘(4) OTHER ELEMENTS.—Any written arrange21 ment or agreement entered into under paragraph (1) 

22 shall require that any accrued credits or liability re23 sulting from an unequal exchange or transfer of sur24 face transportation services shall be liquidated 


pbinns on DSKJLVW7X2PROD with BILLS
768 

•S 4049 RS

1 through the SEOS program not less than once every 

2 five years. 

3 ‘‘(c) IMPLEMENTATION.—In carrying out any ar4 rangement or agreement entered into under subsection 

5 (b), the Secretary of Defense may— 

6 ‘‘(1) pay the equitable share of the Department 

7 of Defense for the operating expenses of the Move8 ment Coordination Centre Europe and the SEOS 

9 program from funds available to the Department of 

10 Defense for operation and maintenance; and 

11 ‘‘(2) assign members of the armed forces or De12 partment of Defense civilian personnel, within billets 

13 authorized for the United States European Com14 mand, to duty at the Movement Coordination Centre 

15 Europe as necessary to fulfill Department of De16 fense obligations under that arrangement or agree17 ment. 

18 ‘‘(d) CREDITING OF RECEIPTS.—Any amount re19 ceived by the Department of Defense as part of the SEOS 

20 program shall be credited, at the option of the Secretary 

21 of Defense, to— 

22 ‘‘(1) the appropriation, fund, or account used in 

23 incurring the obligation for which such amount is re24 ceived; or 


pbinns on DSKJLVW7X2PROD with BILLS
769 

•S 4049 RS

1 ‘‘(2) an appropriate appropriation, fund, or ac2 count currently available for the purposes for which 

3 the expenditures were made. 

4 ‘‘(e) ANNUAL REPORT.— 

5 ‘‘(1) IN GENERAL.—Not later than 30 days 

6 after the end of each fiscal year in which the author7 ity under this section is in effect, the Secretary of 

8 Defense shall submit to the congressional defense 

9 committees a report on Department of Defense par10 ticipation in the SEOS program during such fiscal 

11 year. 

12 ‘‘(2) ELEMENTS.—Each report required by 

13 paragraph (1) shall include the following: 

14 ‘‘(A) A description of the equitable share 

15 of the costs and activities of the SEOS program 

16 paid by the Department of Defense. 

17 ‘‘(B) A description of any amount received 

18 by the Department of Defense as part of such 

19 program, including the country from which the 

20 amount was received. 

21 ‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.— 

22 Nothing in this section may be construed to authorize the 

23 use of foreign sealift in violation of section 2631.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such subchapter is amended by insertVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
770 

•S 4049 RS

1 ing after the item relating to section 2350l the following 

2 new item: 

‘‘2350m. Participation in European program on multilateral exchange of surface 

transportation services.’’. 

3 SEC. 1241. PARTICIPATION IN PROGRAMS RELATING TO CO4 ORDINATION OR EXCHANGE OF AIR REFUEL5 ING AND AIR TRANSPORTATION SERVICES. 

6 (a) IN GENERAL.—Subchapter II of chapter 138 of 

7 title 10, United States Code, as amended by section 

8 1240(a), is further amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 2350o. Participation in programs relating to co11 ordination or exchange of air refueling 

12 and air transportation services 

13 ‘‘(a) PARTICIPATION AUTHORIZED.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

15 with the concurrence of the Secretary of State, may 

16 authorize the participation of the Department of De17 fense in programs relating to the coordination or ex18 change of air refueling and air transportation serv19 ices, including in the arrangement known as the Air 

20 Transport and Air-to-Air Refueling and other Ex21 changes of Services program (in this section referred 

22 to as the ‘ATARES program’). 


pbinns on DSKJLVW7X2PROD with BILLS
771 

•S 4049 RS

1 ‘‘(2) SCOPE OF PARTICIPATION.—Participation 

2 of the Department of Defense in programs referred 

3 to in paragraph (1) may include— 

4 ‘‘(A) the reciprocal exchange or transfer of 

5 air refueling and air transportation services on 

6 a reimbursable basis or by replacement-in-kind; 

7 and 

8 ‘‘(B) the exchange of air refueling and air 

9 transportation services of an equal value. 

10 ‘‘(3) LIMITATIONS WITH RESPECT TO PARTICI11 PATION IN ATARES PROGRAM.— 

12 ‘‘(A) IN GENERAL.—The Department of 

13 Defense balance of executed flight hours in par14 ticipation in the ATARES program under para15 graph (1), whether as credits or debits, may not 

16 exceed a total of 500 hours. 

17 ‘‘(B) AIR REFUELING.—The Department 

18 of Defense balance of executed flight hours for 

19 air refueling in participation in the ATARES 

20 program under paragraph (1) may not exceed 

21 200 hours. 

22 ‘‘(b) WRITTEN ARRANGEMENT OR AGREEMENT.— 

23 Participation of the Department of Defense in a program 

24 referred to in subsection (a)(1) shall be in accordance with 

25 a written arrangement or agreement entered into by the 


pbinns on DSKJLVW7X2PROD with BILLS
772 

•S 4049 RS

1 Secretary of Defense, with the concurrence of the Sec2 retary of State. 

3 ‘‘(c) IMPLEMENTATION.—In carrying out any ar4 rangement or agreement entered into under subsection 

5 (b), the Secretary of Defense may— 

6 ‘‘(1) pay the equitable share of the Department 

7 of Defense for the recurring and nonrecurring costs 

8 of the applicable program referred to in subsection 

9 (a)(1) from funds available to the Department for 

10 operation and maintenance; and 

11 ‘‘(2) assign members of the armed forces or De12 partment of Defense civilian personnel to fulfill De13 partment obligations under that arrangement or 

14 agreement.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such subchapter, as amended by sec17 tion 1240(b), is further amended by adding at the end 

18 the following new item: 

‘‘2350o. Participation in programs relating to coordination or exchange of air 

refueling and air transportation services.’’. 

19 (c) REPEAL.—Section 1276 of the National Defense 

20 Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350c 

21 note) is repealed. 


pbinns on DSKJLVW7X2PROD with BILLS
773 

•S 4049 RS

1 Subtitle E—Matters Relating to the 

2 Indo-Pacific Region 

3 SEC. 1251. PACIFIC DETERRENCE INITIATIVE. 

4 (a) IN GENERAL.—The Secretary of Defense shall 

5 carry out an initiative to ensure the effective implementa6 tion of the National Defense Strategy with respect to the 

7 Indo-Pacific region, to be known as the ‘‘Pacific Deter8 rence Initiative’’ (in this section referred to as the ‘‘Initia9 tive’’). 

10 (b) PURPOSE.—The purpose of the Initiative is to 

11 carry out only the following activities: 

12 (1) Activities to increase the lethality of the 

13 joint force in the Indo-Pacific region, including, but 

14 not limited to— 

15 (A) by improving active and passive de16 fenses against theater cruise, ballistic, and 

17 hypersonic missiles for bases, operating loca18 tions, and other critical infrastructure at loca19 tions west of the International Date Line; and 

20 (B) procurement and fielding of— 

21 (i) long-range precision strike systems 

22 to be stationed or pre-positioned west of 

23 the International Date Line; 


pbinns on DSKJLVW7X2PROD with BILLS
774 

•S 4049 RS

1 (ii) critical munitions to be pre-posi2 tioned at locations west of the Inter3 national Date Line; and 

4 (iii) command, control, communica5 tions, computers and intelligence, surveil6 lance, and reconnaissance systems intended 

7 for stationing or operational use in the 

8 Indo-Pacific region. 

9 (2) Activities to enhance the design and posture 

10 of the joint force in the Indo-Pacific region, includ11 ing, but not limited to, by— 

12 (A) transitioning from large, centralized, 

13 and unhardened infrastructure to smaller, dis14 persed, resilient, and adaptive basing at loca15 tions west of the International Date Line; 

16 (B) increasing the number and capabilities 

17 of expeditionary airfields and ports in the Indo18 Pacific region available for operational use at 

19 locations west of the International Date Line; 

20 (C) enhancing pre-positioned forward 

21 stocks of fuel, munitions, equipment, and mate22 riel at locations west of the International Date 

23 Line; 

24 (D) increasing the availability of strategic 

25 mobility assets in the Indo-Pacific region; 


pbinns on DSKJLVW7X2PROD with BILLS
775 

•S 4049 RS

1 (E) improving distributed logistics and 

2 maintenance capabilities in the Indo-Pacific re3 gion to ensure logistics sustainment while under 

4 persistent multidomain attack; and 

5 (F) increasing the presence of the Armed 

6 Forces at locations west of the International 

7 Date Line. 

8 (3) Activities to strengthen alliances and part9 nerships, including, but not limited to, by— 

10 (A) building capacity of allies and part11 ners; and 

12 (B) improving— 

13 (i) interoperability and information 

14 sharing with allies and partners; and 

15 (ii) information operations capabilities 

16 in the Indo-Pacific region, with a focus on 

17 reinforcing United States commitment to 

18 allies and partners and countering malign 

19 influence. 

20 (4) Activities to carry out a program of exer21 cises, experimentation, and innovation for the joint 

22 force in the Indo-Pacific region. 

23 (c) PLAN REQUIRED.—Not later than February 15, 

24 2021, the Secretary, in consultation with the Commander 

25 of the United States Indo-Pacific Command, shall submit 


pbinns on DSKJLVW7X2PROD with BILLS
776 

•S 4049 RS

1 to the congressional defense committees a plan to expend 

2 not less than the amounts authorized to be appropriated 

3 under subsection (e)(2). 

4 (d) BUDGET DISPLAY INFORMATION.—The Sec5 retary shall include in the materials of the Department 

6 of Defense in support of the budget of the President (sub7 mitted to Congress pursuant to section 1105 of title 31, 

8 United States Code) for fiscal year 2022 and each fiscal 

9 year thereafter a detailed budget display for the Initiative 

10 that includes the following information: 

11 (1) A future-years plan with respect to activi12 ties and resources for the Initiative for the applica13 ble fiscal year and not fewer than the four following 

14 fiscal years. 

15 (2) With respect to procurement accounts— 

16 (A) amounts displayed by account, budget 

17 activity, line number, line item, and line item 

18 title; and 

19 (B) a description of the requirements for 

20 such amounts specific to the Initiative. 

21 (3) With respect to research, development, test, 

22 and evaluation accounts— 

23 (A) amounts displayed by account, budget 

24 activity, line number, program element, and 

25 program element title; and 


pbinns on DSKJLVW7X2PROD with BILLS
777 

•S 4049 RS

1 (B) a description of the requirements for 

2 such amounts specific to the Initiative. 

3 (4) With respect to operation and maintenance 

4 accounts— 

5 (A) amounts displayed by account title, 

6 budget activity title, line number, and sub7 activity group title; and 

8 (B) a description of the specific manner in 

9 which such amounts will be used. 

10 (5) With respect to military personnel ac11 counts— 

12 (A) amounts displayed by account, budget 

13 activity, budget subactivity, and budget sub14 activity title; and 

15 (B) a description of the requirements for 

16 such amounts specific to the Initiative. 

17 (6) With respect to each project under military 

18 construction accounts (including with respect to un19 specified minor military construction and amounts 

20 for planning and design), the country, location, 

21 project title, and project amount by fiscal year. 

22 (7) With respect to the activities described in 

23 subsection (b)— 


pbinns on DSKJLVW7X2PROD with BILLS
778 

•S 4049 RS

1 (A) amounts displayed by account title, 

2 budget activity title, line number, and sub3 activity group title; and 

4 (B) a description of the specific manner in 

5 which such amounts will be used. 

6 (8) With respect to each military service— 

7 (A) amounts displayed by account title, 

8 budget activity title, line number, and sub9 activity group title; and 

10 (B) a description of the specific manner in 

11 which such amounts will be used. 

12 (9) With respect to the amounts described in 

13 each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), 

14 (6), (7)(A), and (8)(A), a comparison between— 

15 (A) the amount in the budget of the Presi16 dent for the following fiscal year; and 

17 (B) the amount projected in the previous 

18 budget of the President for the following fiscal 

19 year. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Secretary to carry 

22 out the activities of the Initiative described in subsection 

23 (b) the following: 

24 (1) For fiscal year 2021, $1,406,417,000, as 

25 specified in the funding table in section 4502. 


pbinns on DSKJLVW7X2PROD with BILLS
779 

•S 4049 RS

1 (2) For fiscal year 2022, $5,500,000,000. 

2 (f) REPEAL.—Section 1251 of the National Defense 

3 Authorization Act for Fiscal Year 2018 (Public Law 115– 

4 91; 131 Stat. 1676), as most recently amended by section 

5 1253 of the John S. McCain National Defense Authoriza6 tion Act for Fiscal Year 2019 (Public Law 115–232; 132 

7 Stat. 2054), is repealed. 

8 SEC. 1252. SENSE OF SENATE ON THE UNITED STATES-VIET9 NAM DEFENSE RELATIONSHIP. 

10 In commemoration of the 25th anniversary of the 

11 normalization of diplomatic relations between the United 

12 States and Vietnam, the Senate— 

13 (1) welcomes the historic progress and achieve14 ments in United States-Vietnam relations over the 

15 last 25 years; 

16 (2) congratulates Vietnam on its chairmanship 

17 of the Association of Southeast Asian Nations and 

18 its election as a nonpermanent member of the 

19 United Nations Security Council, both of which sym20 bolize the positive leadership role of Vietnam in re21 gional and global affairs; 

22 (3) commends the commitment of Vietnam to 

23 resolve international disputes through peaceful 

24 means on the basis of international law; 


pbinns on DSKJLVW7X2PROD with BILLS
780 

•S 4049 RS

1 (4) affirms the commitment of the United 

2 States— 

3 (A) to respect the independence and sov4 ereignty of Vietnam; and 

5 (B) to establish and promote friendly rela6 tions and work together on an equal footing for 

7 mutual benefit with Vietnam; 

8 (5) encourages the United States and Vietnam 

9 to elevate their comprehensive partnership to a stra10 tegic partnership based on mutual understanding, 

11 shared interests, and a common desire to promote 

12 peace, cooperation, prosperity, and security in the 

13 Indo-Pacific region; 

14 (6) affirms the commitment of the United 

15 States to continue to address war legacy issues, in16 cluding through dioxin remediation, unexploded ord17 nance removal, accounting for prisoners of war and 

18 soldiers missing in action, and other activities; and 

19 (7) supports deepening defense cooperation be20 tween the United States and Vietnam, including 

21 with respect to maritime security, cybersecurity, 

22 counterterrorism, information sharing, humanitarian 

23 assistance and disaster relief, military medicine, 

24 peacekeeping operations, defense trade, and other 

25 areas. 


pbinns on DSKJLVW7X2PROD with BILLS
781 

•S 4049 RS

1 SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA 

2 DIOXIN CLEANUP. 

3 (a) TRANSFER AUTHORITY.—Notwithstanding sec4 tion 2215 of title 10, United States Code, the Secretary 

5 of Defense may transfer to the Secretary of State, for use 

6 by the United States Agency for International Develop7 ment, amounts to be used for the Bien Hoa dioxin cleanup 

8 in Vietnam. 

9 (b) LIMITATION ON AMOUNT.—Not more than 

10 $15,000,000 may be transferred in fiscal year 2021 under 

11 the transfer authority in subsection (a). 

12 (c) ADDITIONAL TRANSFER AUTHORITY.—The 

13 transfer authority in subsection (a) is in addition to any 

14 other transfer authority available to the Department of 

15 Defense. 

16 (d) NOTICE ON EXERCISE OF AUTHORITY.—If the 

17 Secretary of Defense determines to use the transfer au18 thority in subsection (a), the Secretary shall notify the 

19 congressional defense committee of that determination not 

20 later than 30 days before the Secretary uses the transfer 

21 authority. 

22 SEC. 1254. COOPERATIVE PROGRAM WITH VIETNAM TO AC23 COUNT FOR VIETNAMESE PERSONNEL MISS24 ING IN ACTION. 

25 (a) IN GENERAL.—The Secretary of Defense, in co26 operation with other appropriate Federal departments and 


pbinns on DSKJLVW7X2PROD with BILLS
782 

•S 4049 RS

1 agencies, is authorized to carry out a cooperative program 

2 with the Ministry of Defense of Vietnam to assist in ac3 counting for Vietnamese personnel missing in action. 

4 (b) PURPOSE.—The purpose of the cooperative pro5 gram under subsection (a) is to carry out the following 

6 activities: 

7 (1) Collection, digitization, and sharing of ar8 chival information. 

9 (2) Building the capacity of Vietnam to conduct 

10 archival research, investigations, and excavations. 

11 (3) Improving DNA analysis capacity. 

12 (4) Increasing veteran-to-veteran exchanges. 

13 (5) Other support activities the Secretary con14 siders necessary and appropriate. 

15 SEC. 1255. PROVISION OF GOODS AND SERVICES AT KWAJA16 LEIN ATOLL, REPUBLIC OF THE MARSHALL 

17 ISLANDS. 

18 (a) IN GENERAL.—Chapter 767 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 7596. Provision of goods and services at Kwajalein 

22 Atoll 

23 ‘‘(a) AUTHORITY.—(1) Except as provided in para24 graph (2), the Secretary of the Army, with the concur25 rence of the Secretary of State, may provide goods and 


pbinns on DSKJLVW7X2PROD with BILLS
783 

•S 4049 RS

1 services, including interatoll transportation, to the Govern2 ment of the Republic of the Marshall Islands and other 

3 eligible patrons, as determined by the Secretary of the 

4 Army, at Kwajalein Atoll. 

5 ‘‘(2) The Secretary of the Army may not provide 

6 goods or services under this section if doing so would be 

7 inconsistent, as determined by the Secretary of State, with 

8 the Compact of Free Association between the Government 

9 of the United States and the Government of the Republic 

10 of the Marshall Islands or any subsidiary agreement or 

11 implementing arrangement. 

12 ‘‘(b) REIMBURSEMENT.—(1) The Secretary of the 

13 Army may collect reimbursement from the Government of 

14 the Republic of the Marshall Islands and eligible patrons 

15 for the provision of goods or services under subsection (a). 

16 ‘‘(2) The amount collected for goods or services under 

17 this subsection may not be greater than the total amount 

18 of actual costs to the United States for providing the 

19 goods or services. 

20 ‘‘(c) NECESSARY EXPENSES.—Amounts appropriated 

21 to the Department of the Army may be used for necessary 

22 expenses associated with providing goods and services 

23 under this section. 

24 ‘‘(d) REGULATIONS.—The Secretary of the Army 

25 shall issue regulations to carry out this section.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
784 

•S 4049 RS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘7596. Provision of goods and services at Kwajalein Atoll.’’. 

4 (c) BRIEFING.—Not later than December 31, 2021, 

5 the Secretary of the Army shall provide to the congres6 sional defense committees a briefing on the use of the au7 thority under section 7596(a) of title 10, United States 

8 Code, as added by subsection (a), in fiscal year 2021, in9 cluding a written summary describing the goods and serv10 ices provided on a reimbursable basis and the goods and 

11 services provided on a nonreimbursable basis. 

12 SEC. 1256. AUTHORITY TO ESTABLISH A MOVEMENT CO13 ORDINATION CENTER PACIFIC IN THE INDO14 PACIFIC REGION AND PARTICIPATE IN AN 

15 AIR TRANSPORT AND AIR-TO-AIR REFUELING 

16 AND OTHER EXCHANGES OF SERVICES PRO17 GRAM. 

18 (a) IN GENERAL.—The Secretary of Defense, with 

19 the concurrence of the Secretary of State, may author20 ize— 

21 (1) the establishment of a Movement Coordina22 tion Center Pacific (in this section referred to as the 

23 ‘‘Center’’); and 

24 (2) participation of the Department of Defense 

25 in an Air Transport and Air-to-Air Refueling and 


pbinns on DSKJLVW7X2PROD with BILLS
785 

•S 4049 RS

1 other Exchanges of Services program (in this section 

2 referred to as the ‘‘ATARES program’’) of the Cen3 ter. 

4 (b) SCOPE OF PARTICIPATION.—Participation of the 

5 Department in the ATARES program shall be limited 

6 to— 

7 (1) the reciprocal exchange or transfer of air 

8 transportation and air refueling services on a reim9 bursable basis or by replacement-in-kind; and 

10 (2) the exchange of air transportation or air re11 fueling services of equal value. 

12 (c) LIMITATIONS.— 

13 (1) TRANSPORTATION HOURS.—The Depart14 ment balance of executed transportation hours in the 

15 ATARES program, whether as credits or debits, 

16 may not exceed 500 hours. 

17 (2) FLIGHT HOURS.—The Department balance 

18 of executed flight hours for air refueling in the 

19 ATARES program may not exceed 200 hours. 

20 (d) WRITTEN ARRANGEMENT OR AGREEMENT.— 

21 (1) IN GENERAL.—Participation of the Depart22 ment in the ATARES program shall be in accord23 ance with a written arrangement or agreement en24 tered into by the Secretary of Defense, with the con25 currence of the Secretary of State. 


pbinns on DSKJLVW7X2PROD with BILLS
786 

•S 4049 RS

1 (2) FUNDING ARRANGEMENTS.—If Department 

2 facilities, equipment, or funds are used to support 

3 the ATARES program, the written arrangement or 

4 agreement under paragraph (1) shall specify the de5 tails of any equitable cost-sharing or other funding 

6 arrangement. 

7 (3) OTHER ELEMENTS.—Any written arrange8 ment or agreement entered into under paragraph (1) 

9 shall require any accrued credit or liability resulting 

10 from an unequal exchange or transfer of air trans11 portation or air refueling services to be liquidated 

12 through the ATARES program not less frequently 

13 than once every five years. 

14 (e) IMPLEMENTATION.—In carrying out any written 

15 arrangement or agreement entered into under subsection 

16 (d), the Secretary of Defense may— 

17 (1) pay the equitable share of the Department 

18 for the operating expenses of the Center and the 

19 ATARES program from funds available to the De20 partment for operation and maintenance; and 

21 (2) assign members of the Armed Forces or De22 partment civilian personnel, within billets authorized 

23 for the United States Indo-Pacific Command, to 

24 duty at the Center as necessary to fulfill DepartVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
787 

•S 4049 RS

1 ment obligations under that arrangement or agree2 ment. 

3 SEC. 1257. TRAINING OF ALLY AND PARTNER AIR FORCES 

4 IN GUAM. 

5 (a) SENSE OF SENATE.—It is the sense of the Senate 

6 that— 

7 (1) the memorandum of understanding agreed 

8 to by the United States and the Republic of Singa9 pore on December 6, 2019, to establish a fighter jet 

10 training detachment in Guam should be commended; 

11 (2) such agreement is a manifestation of the 

12 strong, enduring, and forward-looking partnership of 

13 the United States and the Republic of Singapore; 

14 and 

15 (3) the permanent establishment of a fighter 

16 detachment in Guam will further enhance the inter17 operability of the air forces of the United States and 

18 the Republic of Singapore and provide training op19 portunities needed to maximize their readiness. 

20 (b) REPORT.—Not later than one year after the date 

21 of the enactment of this Act, the Secretary of Defense 

22 shall submit to the congressional defense committees a re23 port assessing the merit and feasibility of entering into 

24 agreements similar to the memorandum of understanding 

25 referred to in subsection (a)(1) with other United States 


pbinns on DSKJLVW7X2PROD with BILLS
788 

•S 4049 RS

1 allies and partners in the Indo-Pacific region, including 

2 Japan, Australia, and India. 

3 SEC. 1258. STATEMENT OF POLICY AND SENSE OF SENATE 

4 ON THE TAIWAN RELATIONS ACT. 

5 (a) STATEMENT OF POLICY.—It is the policy of the 

6 United States— 

7 (1) that the Taiwan Relations Act (Public Law 

8 96–8; 22 U.S.C. 3301 et seq.) and the ‘‘Six Assur9 ances’’ provided by the United States to Taiwan in 

10 July 1982 are the foundation for United States-Tai11 wan relations; 

12 (2) that nothing in the Taiwan Relations Act 

13 (Public Law 96–8; 22 U.S.C. 3301 et seq.) con14 strains deepening, to the extent possible, the exten15 sive, close, and friendly relations of the United 

16 States and Taiwan, including defense relations; 

17 (3) that the Taiwan Relations Act (Public Law 

18 96–8; 22 U.S.C. 3301 et seq.) shall be implemented 

19 and executed in a manner consistent with evolving 

20 political, security, and economic dynamics and cir21 cumstances; 

22 (4) that, as set forth in the Taiwan Relations 

23 Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the 

24 United States expects the ‘‘future of Taiwan will be 

25 determined by peaceful means,’’ and that ‘‘any effort 


pbinns on DSKJLVW7X2PROD with BILLS
789 

•S 4049 RS

1 to determine the future of Taiwan by other than 

2 peaceful means’’ is ‘‘a threat to the peace and secu3 rity of the Western Pacific area and of grave con4 cern to the United States’’; 

5 (5) that the increasingly coercive and aggressive 

6 behavior of the People’s Republic of China towards 

7 Taiwan, including growing military maneuvers tar8 geting Taiwan, is contrary to the expectation of the 

9 peaceful resolution of the future of Taiwan; 

10 (6) that, as set forth in the Taiwan Relations 

11 Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the 

12 United States will support the development of capa13 ble, ready, and modern defense forces necessary for 

14 Taiwan to maintain a sufficient self-defense capa15 bility, including by— 

16 (A) supporting acquisition by Taiwan of 

17 defense articles and services through foreign 

18 military sales, direct commercial sales, and in19 dustrial cooperation, with an emphasis on capa20 bilities that support the asymmetric defense 

21 strategy of Taiwan, including antiship, coastal 

22 defense, antiarmor, air defense, undersea war23 fare, advanced command, control, communica24 tions, computers, intelligence, surveillance, and 


pbinns on DSKJLVW7X2PROD with BILLS
790 

•S 4049 RS

1 reconnaissance, and resilient command and con2 trol capabilities; 

3 (B) ensuring timely review of and response 

4 to requests of Taiwan for defense articles and 

5 services; 

6 (C) conducting practical training and mili7 tary exercises with Taiwan, including, as appro8 priate, the Rim of the Pacific exercise, com9 bined training at the National Training Center 

10 at Fort Erwin, and bilateral naval exercises and 

11 training; 

12 (D) examining the potential for expanding 

13 professional military education and technical 

14 training opportunities in the United States for 

15 military personnel of Taiwan; 

16 (E) pursuing a strategy of military engage17 ment with Taiwan that fully integrates ex18 changes at the strategic, policy, and functional 

19 levels; 

20 (F) increasing exchanges between senior 

21 defense officials and general officers of the 

22 United States and Taiwan consistent with the 

23 Taiwan Travel Act (Public Law 115–135; 132 

24 Stat. 341), especially for the purpose of enhanc25 ing cooperation on defense planning and imVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
791 

•S 4049 RS

1 proving the interoperability of the military 

2 forces of the United States and Taiwan; 

3 (G) conducting military exchanges with 

4 Taiwan specifically focused on improving the re5 serve force of Taiwan; and 

6 (H) expanding cooperation in military 

7 medicine and humanitarian assistance and dis8 aster relief, including through the participation 

9 of medical vessels of Taiwan in appropriate ex10 ercises with the United States; and 

11 (7) that, as set forth in the Taiwan Relations 

12 Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the 

13 United States will maintain the capacity ‘‘to resist 

14 any resort to force or other forms of coercion that 

15 would jeopardize the security, or the social or eco16 nomic system, of the people on Taiwan’’, including 

17 the capacity of the United States Armed Forces to 

18 deny a ‘‘fait accompli’’ operation by the People’s Re19 public of China to rapidly seize control of Taiwan. 

20 (b) SENSE OF SENATE.—It is the sense of the Senate 

21 that the Secretary of Defense should— 

22 (1) ensure that policy guidance to the Depart23 ment of Defense related to United States-Taiwan de24 fense relations is fully consistent with the statement 

25 of policy set forth in subsection (a); and 


pbinns on DSKJLVW7X2PROD with BILLS
792 

•S 4049 RS

1 (2) issue new policy guidance required to carry 

2 out such policy. 

3 SEC. 1259. SENSE OF CONGRESS ON PORT CALLS IN TAI4 WAN WITH THE USNS COMFORT AND THE 

5 USNS MERCY. 

6 It is the sense of Congress that the Department of 

7 Defense should conduct port calls in Taiwan with the 

8 USNS Comfort and the USNS Mercy— 

9 (1) to continue the collaboration between the 

10 United States and Taiwan on COVID–19 responses, 

11 which has included— 

12 (A) research and development of tests, vac13 cines, and medicines; and 

14 (B) donations of face masks; 

15 (2) to further improve the cooperation between 

16 the United States and Taiwan on military medicine 

17 and humanitarian assistance and disaster relief; 

18 (3) to allow United States personnel to benefit 

19 from the expertise of Taiwanese personnel, in light 

20 of the successful response of Taiwan to COVID–19; 

21 and 

22 (4) to continue the mission of the USNS Com23 fort and the USNS Mercy, which have demonstrated 

24 the value of the Department capacity to deploy mar25 itime medical capabilities worldwide and provide conVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
793 

•S 4049 RS

1 tingency capacity in the United States during sig2 nificant crises. 

3 SEC. 1260. LIMITATION ON USE OF FUNDS TO REDUCE 

4 TOTAL NUMBER OF MEMBERS OF THE 

5 ARMED FORCES SERVING ON ACTIVE DUTY 

6 WHO ARE DEPLOYED TO THE REPUBLIC OF 

7 KOREA. 

8 None of the funds authorized to be appropriated by 

9 this Act may be obligated or expended to reduce the total 

10 number of members of the Armed Forces serving on active 

11 duty and deployed to the Republic of Korea to fewer than 

12 28,500 such members of the Armed Forces until 90 days 

13 after the date on which the Secretary of Defense certifies 

14 to the congressional defense committees that— 

15 (1) such a reduction— 

16 (A) is in the national security interest of 

17 the United States; and 

18 (B) will not significantly undermine the se19 curity of United States allies in the region; and 

20 (2) the Secretary has appropriately consulted 

21 with allies of the United States, including the Re22 public of Korea and Japan, regarding such a reduc23 tion. 


pbinns on DSKJLVW7X2PROD with BILLS
794 

•S 4049 RS

1 SEC. 1261. SENSE OF CONGRESS ON CO-DEVELOPMENT 

2 WITH JAPAN OF A LONG-RANGE GROUND3 BASED ANTI-SHIP CRUISE MISSILE SYSTEM. 

4 It is the sense of Congress that— 

5 (1) the Department of Defense should prioritize 

6 consultations with the Ministry of Defense of Japan 

7 to determine whether a ground-based, long-range 

8 anti-ship cruise missile system would meet shared 

9 defense requirements of the United States and 

10 Japan; and 

11 (2) if it is determined that a ground-based, 

12 long-range anti-ship cruise missile system would 

13 meet shared defense requirements, the United States 

14 and Japan should consider co-development of such a 

15 system. 

16 Subtitle F—Reports 

17 SEC. 1271. REVIEW OF AND REPORT ON OVERDUE ACQUISI18 TION AND CROSS-SERVICING AGREEMENT 

19 TRANSACTIONS. 

20 (a) REVIEW.—The Secretary of Defense, acting 

21 through the official designated to provide oversight of ac22 quisition and cross-servicing agreements under section 

23 2342(f) of title 10, United States Code, shall conduct a 

24 review of acquisition and cross-servicing transactions for 

25 which reimbursement to the United States is overdue 

26 under section 2345 of that title. 


pbinns on DSKJLVW7X2PROD with BILLS
795 

•S 4049 RS

1 (b) REPORT.— 

2 (1) IN GENERAL.—Not later than March 1, 

3 2021, the designated official described in subsection 

4 (a) shall submit to the congressional defense com5 mittees a report on the results of the review. 

6 (2) ELEMENTS.—The report required by para7 graph (1) shall include the following: 

8 (A) For each acquisition and cross-serv9 icing transaction valued at $1,000,000 or more 

10 for which reimbursement to the United States 

11 was overdue as of October 1, 2019— 

12 (i) the total amount of the trans13 action; 

14 (ii) the unreimbursed balance of the 

15 transaction; 

16 (iii) the date on which the original 

17 transaction was made; 

18 (iv) the date on which the most recent 

19 request for payment was sent to the rel20 evant foreign partner; and 

21 (v) a plan for securing reimbursement 

22 from the foreign partner. 

23 (B) A description of the steps taken to im24 plement the recommendations made in the re25 port of the Government Accountability Office 


pbinns on DSKJLVW7X2PROD with BILLS
796 

•S 4049 RS

1 entitled ‘‘Defense Logistics Agreements: DOD 

2 Should Improve Oversight and Seek Payment 

3 from Foreign Partners for Thousands of Orders 

4 It Identifies as Overdue’’ issued in March 2020, 

5 including efforts to validate data reported under 

6 this subsection and in the system of record for 

7 acquisition and cross-servicing agreements of 

8 the Department of Defense. 

9 (C) The amount of reimbursement received 

10 from foreign partners for each order— 

11 (i) for which the reimbursement is re12 corded as overdue in the system of record 

13 for acquisition and cross-servicing agree14 ments of the Department of Defense; and 

15 (ii) that was authorized during the pe16 riod beginning in October 2013 and ending 

17 in September 2020. 

18 (D) A plan for improving recordkeeping of 

19 acquisition and cross-servicing transactions and 

20 ensuring timely reimbursement by foreign part21 ners. 

22 (E) Any other matter considered relevant 

23 by the designated official described in sub24 section (a). 


pbinns on DSKJLVW7X2PROD with BILLS
797 

•S 4049 RS

1 SEC. 1272. REPORT ON BURDEN SHARING CONTRIBUTIONS 

2 BY DESIGNATED COUNTRIES. 

3 Section 2350j of title 10, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(f) REPORT ON CONTRIBUTIONS RECEIVED FROM

7 DESIGNATED COUNTRIES.— 

8 ‘‘(1) IN GENERAL.—Not later than January 15 

9 each year, the Secretary of Defense shall submit to 

10 the appropriate committees of Congress a report on 

11 the burden sharing contributions received under this 

12 section from designated countries. 

13 ‘‘(2) ELEMENTS.—Each report required by 

14 paragraph (1) shall include the following for the pre15 ceding fiscal year: 

16 ‘‘(A) A list of all designated countries from 

17 which burden sharing contributions were re18 ceived. 

19 ‘‘(B) An explanation of the purpose for 

20 which each such burden sharing contribution 

21 was provided. 

22 ‘‘(C) In the case of a written agreement 

23 entered into with a designated country under 

24 this section— 

25 ‘‘(i) the date on which the agreement 

26 was signed; and 


pbinns on DSKJLVW7X2PROD with BILLS
798 

•S 4049 RS

1 ‘‘(ii) the names of the individuals who 

2 signed the agreement. 

3 ‘‘(D) For each designated country— 

4 ‘‘(i) the amount provided by the des5 ignated country; and 

6 ‘‘(ii) the amount of any remaining un7 obligated balance. 

8 ‘‘(E) The amount of such burden sharing 

9 contributions expended, by eligible category, in10 cluding compensation for local national employ11 ees, military construction projects, and supplies 

12 and services of the Department of Defense. 

13 ‘‘(F) An explanation of any other burden 

14 sharing or in-kind contribution provided by a 

15 designated country under an agreement or au16 thority other than the authority provided by 

17 this section. 

18 ‘‘(G) Any other matter the Secretary of 

19 Defenses considers relevant. 

20 ‘‘(3) APPROPRIATE COMMITTEES OF CONGRESS

21 DEFINED.—In this subsection, the term ‘appropriate 

22 committees of Congress’ means— 

23 ‘‘(A) the Committee on Armed Services, 

24 the Committee on Foreign Relations, and the 


pbinns on DSKJLVW7X2PROD with BILLS
799 

•S 4049 RS

1 Committee on Appropriations of the Senate; 

2 and 

3 ‘‘(B) the Committee on Armed Services, 

4 the Committee on Foreign Affairs, and the 

5 Committee on Appropriations of the House of 

6 Representatives.’’. 

7 SEC. 1273. REPORT ON RISK TO PERSONNEL, EQUIPMENT, 

8 AND OPERATIONS DUE TO HUAWEI 5G ARCHI9 TECTURE IN HOST COUNTRIES. 

10 (a) IN GENERAL.—Not later than one year after the 

11 date of the enactment of this Act, the Secretary of Defense 

12 shall submit to the congressional defense committees a re13 port that contains an assessment of— 

14 (1) the risk to personnel, equipment, and oper15 ations of the Department of Defense in host coun16 tries posed by the current or intended use by such 

17 countries of 5G telecommunications architecture pro18 vided by Huawei Technologies Co., Ltd.; and 

19 (2) measures required to mitigate the risk de20 scribed in paragraph (1), including the merit and 

21 feasibility of the relocation of certain personnel or 

22 equipment of the Department to another location 

23 without the presence of 5G telecommunications ar24 chitecture provided by Huawei Technologies Co., 

25 Ltd. 


pbinns on DSKJLVW7X2PROD with BILLS
800 

•S 4049 RS

1 (b) FORM.—The report required by subsection (a) 

2 shall be submitted in classified form with an unclassified 

3 summary. 

4 Subtitle G—Other Matters 

5 SEC. 1281. RECIPROCAL PATIENT MOVEMENT AGREE6 MENTS. 

7 (a) IN GENERAL.—Subchapter II of chapter 138 of 

8 title 10, United States Code, as amended by section 

9 1241(a), is further amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 2350p. Reciprocal patient movement agreements 

12 ‘‘(a) AUTHORITY.—Subject to the availability of ap13 propriations, the Secretary of Defense, with the concur14 rence of the Secretary of State, may enter into a bilateral 

15 or multilateral memorandum of understanding or other 

16 formal agreement with one or more governments of part17 ner countries that provides for— 

18 ‘‘(1) the interchangeable, nonreimbursable use 

19 of patient movement personnel, either individually or 

20 as members of a patient movement crew or team, 

21 and equipment, belonging to one partner country to 

22 perform patient movement services aboard the air23 craft, vessels, or vehicles of another partner country; 

24 ‘‘(2) the reciprocal recognition and acceptance 

25 of — 


pbinns on DSKJLVW7X2PROD with BILLS
801 

•S 4049 RS

1 ‘‘(A) national professional credentials, cer2 tifications, and licenses of patient movement 

3 personnel; and 

4 ‘‘(B) national certifications, approvals, and 

5 licenses of equipment used in the provision of 

6 patient movement services; and 

7 ‘‘(3) the acceptance of agreed-upon standards 

8 for the provision of patient movement services by 

9 aircraft, vessel, or vehicle, including, as determined 

10 to be beneficial and otherwise permitted by law, the 

11 harmonization of patient treatment standards and 

12 procedures. 

13 ‘‘(b) CERTIFICATION.—(1) Before entering into a 

14 memorandum of understanding or other formal agreement 

15 with the government of a partner country under this sec16 tion, the Secretary of Defense shall certify in writing that 

17 the professional credentials, certifications, licenses, and 

18 approvals for patient movement personnel and patient 

19 movement equipment of the partner country— 

20 ‘‘(A) meet or exceed the equivalent standards of 

21 the United States for similar personnel and equip22 ment; and 

23 ‘‘(B) will provide for a level of care comparable 

24 to, or better than, the level of care provided by the 

25 Department of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
802 

•S 4049 RS

1 ‘‘(2) A certification under paragraph (1) shall be— 

2 ‘‘(A) submitted to the appropriate committees 

3 of Congress not later than 15 days after the date on 

4 which the Secretary of Defense makes the certifi5 cation; and 

6 ‘‘(B) reviewed and recertified by the Secretary 

7 of Defense not less frequently than annually. 

8 ‘‘(c) SUSPENSION.—If the Secretary of Defense is 

9 unable to recertify a partner country as required by sub10 section (b)(2)(B), use of the personnel or equipment of 

11 the partner country by the Department of Defense under 

12 a memorandum of understanding or other formal agree13 ment concluded pursuant to subsection (a) shall be sus14 pended until the date on which the Secretary of Defense 

15 is able to recertify the partner country. 

16 ‘‘(d) DEFINITIONS.—In this section: 

17 ‘‘(1) APPROPRIATE COMMITTEES OF CON18 GRESS.—The term ‘appropriate committees of Con19 gress’ means— 

20 ‘‘(A) the congressional defense committees; 

21 and 

22 ‘‘(B) the Committee on Foreign Relations 

23 of the Senate and the Committee on Foreign 

24 Affairs of the House of Representatives. 


pbinns on DSKJLVW7X2PROD with BILLS
803 

•S 4049 RS

1 ‘‘(2) PARTNER COUNTRY.—The term ‘partner 

2 country’ means any of the following: 

3 ‘‘(A) A member country of the North At4 lantic Treaty Organization. 

5 ‘‘(B) Australia. 

6 ‘‘(C) Japan. 

7 ‘‘(D) New Zealand. 

8 ‘‘(E) The Republic of Korea. 

9 ‘‘(F) Any other country designated as a 

10 partner country by the Secretary of Defense, 

11 with the concurrence of the Secretary of State, 

12 for purposes of this section. 

13 ‘‘(3) PATIENT MOVEMENT.—The term ‘patient 

14 movement’ means the act or process of moving 

15 wounded, ill, injured, or other persons (including 

16 contaminated, contagious, and potentially exposed 

17 patients) to obtain medical, surgical, mental health, 

18 or dental care or treatment.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such subchapter, as amended by sec21 tion 1241(b), is further amended by adding at the end 

22 the following new item: 

‘‘2350p. Reciprocal patient movement agreements.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
804 

•S 4049 RS

1 SEC. 1282. EXTENSION OF AUTHORIZATION OF NON-CON2 VENTIONAL ASSISTED RECOVERY CAPABILI3 TIES. 

4 Subsection (g) of section 943 of the National Defense 

5 Authorization Act for Fiscal Year 2009 (Public Law 110– 

6 417; 122 Stat. 4578), as most recently amended by sec7 tion 1282(a) of the National Defense Authorization Act 

8 for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 

9 2542) and as redesignated by section 1051(n)(1) of the 

10 National Defense Authorization Act for Fiscal Year 2018 

11 (Public Law 115–91; 131 Stat. 1564), is further amended 

12 by striking ‘‘2021’’ and inserting ‘‘2024’’. 

13 SEC. 1283. EXTENSION OF DEPARTMENT OF DEFENSE SUP14 PORT FOR STABILIZATION ACTIVITIES IN NA15 TIONAL SECURITY INTEREST OF THE UNITED 

16 STATES. 

17 Section 1210A(h) of the National Defense Authoriza18 tion Act for Fiscal Year 2020 (Public Law 116–92) is 

19 amended by striking ‘‘December 31, 2020’’ and inserting 

20 ‘‘December 31, 2021’’. 

21 SEC. 1284. NOTIFICATION WITH RESPECT TO WITHDRAWAL 

22 OF MEMBERS OF THE ARMED FORCES PAR23 TICIPATING IN THE MULTINATIONAL FORCE 

24 AND OBSERVERS IN EGYPT. 

25 (a) IN GENERAL.—Not later than 30 days before a 

26 reduction in the total number of members of the Armed 


pbinns on DSKJLVW7X2PROD with BILLS
805 

•S 4049 RS

1 Forces deployed to the Multinational Force and Observers 

2 in Egypt to fewer than 430 such members of the Armed 

3 Forces, the Secretary of Defense shall submit to the ap4 propriate committees of Congress a notification that in5 cludes the following: 

6 (1) A detailed accounting of the number of 

7 members of the Armed Forces to be withdrawn from 

8 the Multinational Force and Observers in Egypt and 

9 the capabilities that such members of the Armed 

10 Forces provide in support of the mission. 

11 (2) An explanation of national security interests 

12 of the United States served by such a reduction and 

13 an assessment of the effect, if any, such a reduction 

14 is expected to have on the security of United States 

15 partners in the region. 

16 (3) A description of consultations by the Sec17 retary with the other countries that contribute mili18 tary forces to the Multinational Force and Observ19 ers, including Australia, Canada, Colombia, the 

20 Czech Republic, Fiji, France, Italy, Japan, New 

21 Zealand, Norway, the United Kingdom, and Uru22 guay, with respect to the planned force reduction 

23 and the results of such consultations. 

24 (4) An assessment of whether other countries, 

25 including the countries that contribute military 


pbinns on DSKJLVW7X2PROD with BILLS
806 

•S 4049 RS

1 forces to the Multinational Force and Observers, will 

2 increase their contributions of military forces to 

3 compensate for the capabilities withdrawn by the 

4 United States. 

5 (5) An explanation of— 

6 (A) any anticipated negative impact of 

7 such a reduction on the ability of the Multi8 national Force and Observers in Egypt to fulfill 

9 its mission of supervising the implementation of 

10 the security provisions of the 1979 Treaty of 

11 Peace between Egypt and Israel and employing 

12 best efforts to prevent any violation of the 

13 terms of such treaty; and 

14 (B) the manner in which any such negative 

15 impact will be mitigated. 

16 (6) Any other matter the Secretary considers 

17 appropriate. 

18 (b) FORM.—The notification required by subsection 

19 (a) shall be submitted in unclassified form, but may in20 clude a classified annex. 

21 (c) APPROPRIATE COMMITTEES OF CONGRESS DE22 FINED.—In this section, the term ‘‘appropriate commit23 tees of Congress’’ means— 

24 (1) the congressional defense committees; and 


pbinns on DSKJLVW7X2PROD with BILLS
807 

•S 4049 RS

1 (2) the Committee on Foreign Relations of the 

2 Senate and the Committee on Foreign Affairs of the 

3 House of Representatives. 

4 SEC. 1285. MODIFICATION TO INITIATIVE TO SUPPORT PRO5 TECTION OF NATIONAL SECURITY ACADEMIC 

6 RESEARCHERS FROM UNDUE INFLUENCE 

7 AND OTHER SECURITY THREATS. 

8 Section 1286 of the John S. McCain National De9 fense Authorization Act for Fiscal Year 2019 (10 U.S.C. 

10 2358 note) is amended— 

11 (1) in subsection (c)(2)— 

12 (A) in subparagraph (A), by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (B) in subparagraph (B), by striking the 

15 period at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following new 

17 subparagraph: 

18 ‘‘(C) includes requirements for appropriate 

19 senior officials of institutions of higher edu20 cation to receive from appropriate Government 

21 agencies updated and periodic briefings that de22 scribe the espionage risks posed by technical in23 telligence gathering activities of near-peer stra24 tegic competitors.’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
808 

•S 4049 RS

1 (2) in subsection (e)(2)(D), by striking ‘‘im2 prove’’ and inserting ‘‘improved’’. 

3 SEC. 1286. ESTABLISHMENT OF UNITED STATES-ISRAEL OP4 ERATIONS-TECHNOLOGY WORKING GROUP. 

5 (a) SENSE OF SENATE.—It is the sense of the Senate 

6 that— 

7 (1) the United States Government has a re8 sponsibility to undertake all reasonable measures to 

9 ensure that members of the Armed Forces never 

10 confront a more technologically advanced foe; 

11 (2) the United States and Israel have several 

12 cooperative technology programs to develop and field 

13 capabilities in missile defense, countertunneling, and 

14 counterunmanned aerial systems; and 

15 (3) building on positive ongoing efforts, the 

16 United States and Israel should further institu17 tionalize and strengthen their defense innovation 

18 partnership by establishing a United States-Israel 

19 Operations-Technology Working Group to identify 

20 and expeditiously field capabilities that the military 

21 forces of both countries need to deter and defeat re22 spective adversaries. 

23 (b) UNITED STATES-ISRAEL OPERATIONS-TECH24 NOLOGY WORKING GROUP.— 


pbinns on DSKJLVW7X2PROD with BILLS
809 

•S 4049 RS

1 (1) IN GENERAL.—Not later than one year 

2 after the date of the enactment of this Act, the Sec3 retary of Defense, in consultation with the Minister 

4 of Defense of Israel, shall establish a United States5 Israel Operations-Technology Working Group (in 

6 this subsection referred to as the ‘‘Working Group’’) 

7 for the following purposes: 

8 (A) To provide a standing forum for the 

9 United States and Israel to systematically share 

10 intelligence-informed military capability require11 ments. 

12 (B) To identify military capability require13 ments common to both the Department of De14 fense and the Ministry of Defense of Israel. 

15 (C) To assist defense suppliers in the 

16 United States and Israel, by incorporating rec17 ommendations from such defense suppliers, 

18 with respect to conducting joint science, tech19 nology, research, development, test, evaluation, 

20 and production efforts. 

21 (D) To develop, as feasible and advisable, 

22 combined United States-Israel plans to re23 search, develop, procure, and field weapons sys24 tems and military capabilities as quickly and 

25 economically as possible to meet common capaVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
810 

•S 4049 RS

1 bility requirements of the Department of De2 fense and the Ministry of Defense of Israel. 

3 (2) WORKING GROUP LEADERSHIP.— 

4 (A) UNITED STATES LEADERSHIP.—With 

5 respect to the United States, the Working 

6 Group shall be headed by— 

7 (i) the Secretary, or a designee; and 

8 (ii) the Chairman of the Joint Chiefs 

9 of Staff, or a designee. 

10 (B) ISRAEL LEADERSHIP.—The Secretary 

11 shall invite the Government of Israel to des12 ignate the head of the appropriate office or of13 fices to head the Working Group with respect 

14 to Israel. 

15 (3) WORKING GROUP MEMBERSHIP.— 

16 (A) UNITED STATES MEMBERSHIP.—The 

17 Secretary, in consultation with other Cabinet 

18 members, shall designate one or more individ19 uals to serve as members of the Working 

20 Group. 

21 (i) MANDATORY UNITED STATES MEM22 BERS.—The membership of the Working 

23 Group shall consist of, at a minimum, rep24 resentatives from— 


pbinns on DSKJLVW7X2PROD with BILLS
811 

•S 4049 RS

1 (I) the Office of the Secretary of 

2 Defense; 

3 (II) the Joint Staff; 

4 (III) each of the military depart5 ments (including, as appropriate, sub6 ordinate entities such as Army Fu7 tures Command and research labora8 tories); 

9 (IV) the defense agencies (includ10 ing the Defense Advanced Research 

11 Projects Agency, the Defense Intel12 ligence Agency, and the Defense Secu13 rity Cooperation Agency); 

14 (V) United States Central Com15 mand; and 

16 (VI) United States European 

17 Command. 

18 (ii) RULE OF CONSTRUCTION.—Noth19 ing in this subparagraph shall be construed 

20 as limiting the ability of the Secretary to 

21 add members to the Working Group, as 

22 considered appropriate. 

23 (B) ISRAEL MEMBERSHIP.—The Secretary 

24 shall invite such representatives of the Govern25 ment of Israel to designate individuals from the 


pbinns on DSKJLVW7X2PROD with BILLS
812 

•S 4049 RS

1 Government of Israel to serve as members of 

2 the Working Group, as the Secretary considers 

3 appropriate. 

4 (4) EXISTING EFFORTS.— 

5 (A) IN GENERAL.—The Secretary shall de6 termine the most efficient and effective means 

7 to integrate the Working Group into existing 

8 United States science and technology efforts 

9 and research, development, test, and evaluation 

10 efforts with Israel. 

11 (B) RULE OF CONSTRUCTION.—Nothing in 

12 this subsection shall be construed as requiring 

13 the termination of any existing United States 

14 defense activity, group, program, or partnership 

15 with Israel. 

16 (5) MEMORANDUM OF UNDERSTANDING.— 

17 (A) IN GENERAL.—The Secretary shall, 

18 with the concurrence of the Minister of Defense 

19 of Israel, establish a memorandum of under20 standing between the United States and Israel 

21 establishing the United States-Israel Operations 

22 Technology Working Group. 

23 (B) MATTERS TO BE INCLUDED.—The 

24 memorandum of understanding under subpara25 graph (A) shall set forth— 


pbinns on DSKJLVW7X2PROD with BILLS
813 

•S 4049 RS

1 (i) the purposes of the Working 

2 Group, consistent with paragraph (1); 

3 (ii) the membership of the Working 

4 Group, consistent with paragraph (3); and 

5 (iii) any other matter considered ap6 propriate. 

7 (6) REPORTS.— 

8 (A) INITIAL REPORT.— 

9 (i) IN GENERAL.—Not later than 180 

10 days after the establishment of the Work11 ing Group, the Secretary shall submit to 

12 the appropriate committees of Congress an 

13 initial report on the Working Group. 

14 (ii) ELEMENTS.—The report required 

15 by clause (i) shall include the following: 

16 (I) The finalized memorandum of 

17 understanding under paragraph (5). 

18 (II) The name of each individual 

19 of the Government of the United 

20 States and of the Government of 

21 Israel designated to lead the Working 

22 Group. 

23 (III) The name of each member 

24 of the Working Group designated 


pbinns on DSKJLVW7X2PROD with BILLS
814 

•S 4049 RS

1 under subparagraph (A) or (B) of 

2 paragraph (3). 

3 (IV) A description of the manner 

4 in which the Working Group is antici5 pated to complement and augment ex6 isting science and technology efforts 

7 and research, development, test, and 

8 evaluation efforts with Israel. 

9 (V) A schedule for Working 

10 Group meetings. 

11 (VI) A description of key metrics 

12 and milestones for the Working 

13 Group. 

14 (VII) A description of any au15 thority or authorization of appropria16 tions required for the Working Group 

17 to carry out the purposes described in 

18 paragraph (1). 

19 (iii) FORM.—The report required by 

20 clause (i) shall be submitted in unclassified 

21 form, but may include a classified annex. 

22 (B) ANNUAL REPORT.— 

23 (i) IN GENERAL.—Not later than 

24 March 15 of each year following the sub25 mittal of the initial report required by subVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
815 

•S 4049 RS

1 paragraph (A), the Secretary shall submit 

2 to the appropriate committees of Congress 

3 a report on the activities of the Working 

4 Group during the preceding calendar year. 

5 (ii) ELEMENTS.—The report required 

6 by clause (i) shall include the following: 

7 (I) A summary of the perform8 ance of the Working Group— 

9 (aa) with respect to the first 

10 annual report under this sub11 paragraph, the metrics and mile12 stones described in the initial re13 port in accordance with subpara14 graph (A)(ii)(VI); or 

15 (bb) with respect to each 

16 subsequent annual report under 

17 this subparagraph, the metrics 

18 and milestones described in the 

19 preceding annual report under 

20 subclause (VIII). 

21 (II) A description of military ca22 pabilities needed by both the United 

23 States and Israel. 

24 (III) A description of any United 

25 States, or any United States-Israel, 


pbinns on DSKJLVW7X2PROD with BILLS
816 

•S 4049 RS

1 science and technology efforts, or re2 search, development, test, and evalua3 tion efforts, associated with the mili4 tary capabilities described under sub5 clause (II) carried out during the re6 porting period. 

7 (IV) A description of any obsta8 cle or challenge associated with an ef9 fort described in subclause (III) and 

10 the plan of the Working Group to ad11 dress such obstacle or challenge. 

12 (V) A description of any request 

13 to the Working Group made by a 

14 United States or Israel defense sup15 plier for combined science and tech16 nology efforts or combined research, 

17 development, test, and evaluation ef18 forts, including— 

19 (aa) the date on which the 

20 request was received; 

21 (bb) the efforts made by the 

22 Working Group to expeditiously 

23 address the request; and 

24 (cc) the status of any deci25 sion associated with the request. 


pbinns on DSKJLVW7X2PROD with BILLS
817 

•S 4049 RS

1 (VI) A description of the efforts 

2 of the Working Group to prevent the 

3 People’s Republic of China or the 

4 Russian Federation from obtaining in5 tellectual property or military tech6 nology associated with combined 

7 United States and Israel science and 

8 technology efforts and research, devel9 opment, test, and evaluation efforts. 

10 (VII) A description of any 

11 science and technology effort, or re12 search, development, test, or evalua13 tion effort, facilitated by the Working 

14 Group, including efforts that result in 

15 a United States or Israel program of 

16 record. 

17 (VIII) A description of metrics 

18 and milestones for the Working Group 

19 for the following calendar year. 

20 (iii) FORM.—Each report required by 

21 clause (i) shall be submitted in unclassified 

22 form and shall include a classified annex in 

23 which the elements required under sub24 clauses (II) and (VI) of clause (ii) shall be 

25 addressed. 


pbinns on DSKJLVW7X2PROD with BILLS
818 

•S 4049 RS

1 (C) APPROPRIATE COMMITTEES OF CON2 GRESS DEFINED.—In this paragraph, the term 

3 ‘‘appropriate committees of Congress’’ means— 

4 (i) the Committee on Armed Services, 

5 the Committee on Foreign Relations, and 

6 the Select Committee on Intelligence of the 

7 Senate; and 

8 (ii) the Committee on Armed Services, 

9 the Committee on Foreign Affairs, and the 

10 Permanent Select Committee on Intel11 ligence of the House of Representatives. 

12 TITLE XIII—COOPERATIVE 

13 THREAT REDUCTION 

14 SEC. 1301. FUNDING ALLOCATIONS FOR DEPARTMENT OF 

15 DEFENSE COOPERATIVE THREAT REDUC16 TION PROGRAM. 

17 (a) IN GENERAL.—Of the $288,490,000 authorized 

18 to be appropriated to the Department of Defense for fiscal 

19 year 2021 in section 301 and made available by the fund20 ing table in division D for the Department of Defense Co21 operative Threat Reduction Program established under 

22 section 1321 of the Department of Defense Cooperative 

23 Threat Reduction Act (50 U.S.C. 3711), the following 

24 amounts may be obligated for the purposes specified: 


pbinns on DSKJLVW7X2PROD with BILLS
819 

•S 4049 RS

1 (1) For strategic offensive arms elimination, 

2 $2,924,000. 

3 (2) For chemical security and elimination, 

4 $11,806,000. 

5 (3) For global nuclear security, $20,152,000. 

6 (4) For biological threat reduction, 

7 $177,396,000. 

8 (5) For proliferation prevention, $52,064,000. 

9 (6) For activities designated as Other Assess10 ments/Administrative Costs, $24,148,000. 

11 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

12 pursuant to the authorization of appropriations in section 

13 301 and made available by the funding table in division 

14 D for the Department of Defense Cooperative Threat Re15 duction Program shall be available for obligation for fiscal 

16 years 2021, 2022, and 2023. 

17 TITLE XIV—OTHER 

18 AUTHORIZATIONS 

19 Subtitle A—Military Programs 

20 SEC. 1401. WORKING CAPITAL FUNDS. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2021 for the use of the Armed Forces and other 

23 activities and agencies of the Department of Defense for 

24 providing capital for working capital and revolving funds, 

25 as specified in the funding table in section 4501. 


pbinns on DSKJLVW7X2PROD with BILLS
820 

•S 4049 RS

1 SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for the Depart5 ment of Defense for fiscal year 2021 for expenses, not oth6 erwise provided for, for Chemical Agents and Munitions 

7 Destruction, Defense, as specified in the funding table in 

8 section 4501. 

9 (b) USE.—Amounts authorized to be appropriated 

10 under subsection (a) are authorized for— 

11 (1) the destruction of lethal chemical agents 

12 and munitions in accordance with section 1412 of 

13 the Department of Defense Authorization Act, 1986 

14 (50 U.S.C. 1521); and 

15 (2) the destruction of chemical warfare materiel 

16 of the United States that is not covered by section 

17 1412 of such Act. 

18 SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC19 TIVITIES, DEFENSE-WIDE. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2021 for ex22 penses, not otherwise provided for, for Drug Interdiction 

23 and Counter-Drug Activities, Defense-wide, as specified in 

24 the funding table in section 4501. 


pbinns on DSKJLVW7X2PROD with BILLS
821 

•S 4049 RS

1 SEC. 1404. DEFENSE INSPECTOR GENERAL. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2021 for ex4 penses, not otherwise provided for, for the Office of the 

5 Inspector General of the Department of Defense, as speci6 fied in the funding table in section 4501. 

7 SEC. 1405. DEFENSE HEALTH PROGRAM. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2021 for the Defense Health Program, as spec10 ified in the funding table in section 4501, for use of the 

11 Armed Forces and other activities and agencies of the De12 partment of Defense in providing for the health of eligible 

13 beneficiaries. 

14 Subtitle B—Armed Forces 

15 Retirement Home 

16 SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR 

17 ARMED FORCES RETIREMENT HOME. 

18 There is hereby authorized to be appropriated for fis19 cal year 2021 from the Armed Forces Retirement Home 

20 Trust Fund the sum of $64,300,000 for the operation of 

21 the Armed Forces Retirement Home. 


pbinns on DSKJLVW7X2PROD with BILLS
822 

•S 4049 RS

1 SEC. 1412. PERIODIC INSPECTIONS OF ARMED FORCES RE2 TIREMENT HOME FACILITIES BY NATION3 ALLY RECOGNIZED ACCREDITING ORGANIZA4 TION. 

5 (a) IN GENERAL.—Section 1518 of the Armed 

6 Forces Retirement Home Act of 1991 (24 U.S.C. 418) 

7 is amended to read as follows: 

8 ‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME 

9 FACILITIES. 

10 ‘‘(a) INSPECTIONS.—The Chief Operating Officer 

11 shall request the inspection of each facility of the Retire12 ment Home by a nationally recognized civilian accrediting 

13 organization in accordance with section 1511(g) on a fre14 quency consistent with the standards of such organization. 

15 ‘‘(b) AVAILABILITY OF STAFF AND RECORDS.—The 

16 Chief Operating Officer and the Administrator of a facility 

17 being inspected under this section shall make all staff, 

18 other personnel, and records of the facility available to the 

19 civilian accrediting organization in a timely manner for 

20 purposes of inspections under this section. 

21 ‘‘(c) REPORTS.—Not later than 60 days after receiv22 ing a report on an inspection from the civilian accrediting 

23 organization under this section, the Chief Operating Offi24 cer shall submit to the Secretary of Defense, the Senior 

25 Medical Advisor, and the Advisory Council a report con26 taining— 


pbinns on DSKJLVW7X2PROD with BILLS
823 

•S 4049 RS

1 ‘‘(1) the results of the inspection; and 

2 ‘‘(2) a plan to address any recommendations 

3 and other matters set forth in the report.’’. 

4 (b) CONFORMING AMENDMENTS.—The Armed 

5 Forces Retirement Home Act of 1991 (24 U.S.C. 401 et 

6 seq.) is further amended as follows: 

7 (1) In section 1513A(c)(2) (24 U.S.C. 

8 413a(c)(2)), by striking ‘‘(including requirements 

9 identified in applicable reports of the Inspector Gen10 eral of the Department of Defense)’’. 

11 (2) In section 1516(b)(3) (24 U.S.C. 

12 416(b)(3))— 

13 (A) by striking ‘‘shall—’’ and all that fol14 lows through ‘‘provide for’’ and inserting ‘‘shall 

15 provide for’’; 

16 (B) by striking ‘‘; and’’ and inserting a pe17 riod; and 

18 (C) by striking subparagraph (B). 

19 (3) In section 1517(e)(2) (24 U.S.C. 

20 417(e)(2)), by striking ‘‘the Inspector General of the 

21 Department of Defense,’’. 


pbinns on DSKJLVW7X2PROD with BILLS
824 

•S 4049 RS

1 SEC. 1413. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT 

2 THE ARMED FORCES RETIREMENT HOME. 

3 (a) EXPANSION OF ELIGIBILITY.—Section 1512(a) of 

4 the Armed Forces Retirement Home Act of 1991 (24 

5 U.S.C. 412(a)) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘active’’ in the first sentence; 

8 (2) in paragraph (1), by striking ‘‘are 60 years 

9 of age or over and’’; and 

10 (3) by adding the following new paragraph: 

11 ‘‘(5) Persons who are eligible for retired pay 

12 under chapter 1223 of title 10, United States Code, 

13 and— 

14 ‘‘(A) are eligible for care under section 

15 1710 of title 38, United States Code; 

16 ‘‘(B) are enrolled in coverage under chap17 ter 55 of title 10, United States Code; or 

18 ‘‘(C) are enrolled in a qualified health plan 

19 acceptable to the Chief Operating Officer.’’. 

20 (b) PARITY OF FEES AND DEDUCTIONS.—Section 

21 1514(c) of such Act (24 U.S.C. 414(c)) is amended— 

22 (1) by striking paragraph (2) and inserting the 

23 following new paragraph (2) 

24 ‘‘(2)(A) The fee shall be fixed as a percentage of the 

25 monthly income and monthly payments (including Federal 

26 payments) received by a resident. The percentage shall be 


pbinns on DSKJLVW7X2PROD with BILLS
825 

•S 4049 RS

1 the same for each facility of the Retirement Home. The 

2 Secretary of Defense may make any adjustment in a per3 centage that the Secretary determines appropriate. 

4 ‘‘(B) The calculation of monthly income and monthly 

5 payments under subparagraph (A) for a resident eligible 

6 under section 1512(a)(5) shall not be less than the retire7 ment pay for equivalent active duty service as determined 

8 by the Chief Operating Officer, except as the Chief Oper9 ating Officer may provide because of compelling personal 

10 circumstances.’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) The Administrator of each facility of the Retire14 ment Home may collect a fee upon admission from a resi15 dent accepted under section 1512(a)(5) equal to the de16 ductions then in effect under section 1007(i)(1) of title 

17 37, United States Code, for each year of non-regular serv18 ice, and shall deposit such fee in the Armed Forces Retire19 ment Home Trust Fund.’’. 

20 (c) CONFORMING AMENDMENT.—Section 1007(i)(3) 

21 of title 37, United States Code, is amended by striking 

22 ‘‘Armed Forces Retirement Home Board’’ and inserting 

23 ‘‘Chief Operating Officer of the Armed Forces Retirement 

24 Home’’. 


pbinns on DSKJLVW7X2PROD with BILLS
826 

•S 4049 RS

1 Subtitle C—Other Matters 

2 SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

3 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

4 VETERANS AFFAIRS MEDICAL FACILITY DEM5 ONSTRATION FUND FOR CAPTAIN JAMES A. 

6 LOVELL HEALTH CARE CENTER, ILLINOIS. 

7 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

8 funds authorized to be appropriated by section 1405 and 

9 available for the Defense Health Program for operation 

10 and maintenance, $130,400,000 may be transferred by the 

11 Secretary of Defense to the Joint Department of Defense– 

12 Department of Veterans Affairs Medical Facility Dem13 onstration Fund established by subsection (a)(1) of sec14 tion 1704 of the National Defense Authorization Act for 

15 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

16 (b) TREATMENT OF TRANSFERRED FUNDS.—For 

17 purposes of subsection (a)(2) of such section 1704, any 

18 funds transferred under subsection (a) shall be treated as 

19 amounts authorized and appropriated specifically for the 

20 purpose of such a transfer. 

21 (c) USE OF TRANSFERRED FUNDS.—For purposes of 

22 subsection (b) of such section 1704, facility operations for 

23 which funds transferred under subsection (a) may be used 

24 are operations of the Captain James A. Lovell Federal 

25 Health Care Center, consisting of the North Chicago VetVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
827 

•S 4049 RS

1 erans Affairs Medical Center, the Navy Ambulatory Care 

2 Center, and supporting facilities designated as a combined 

3 Federal medical facility under an operational agreement 

4 covered by section 706 of the Duncan Hunter National 

5 Defense Authorization Act for Fiscal Year 2009 (Public 

6 Law 110–417; 122 Stat. 4500). 

7 TITLE XV—AUTHORIZATION OF 

8 ADDITIONAL APPROPRIA9 TIONS FOR OVERSEAS CON10 TINGENCY OPERATIONS 

11 Subtitle A—Authorization of 

12 Appropriations 

13 SEC. 1501. PURPOSE. 

14 The purpose of this subtitle is to authorize appropria15 tions for the Department of Defense for fiscal year 2021 

16 to provide additional funds for overseas contingency oper17 ations being carried out by the Armed Forces. 

18 SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2021 for the Department of Defense for over21 seas contingency operations in such amounts as may be 

22 designated as provided in section 251(b)(2)(A)(ii) of the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985 (2 U.S.C. 901(b)(2)(A)(ii)). 


pbinns on DSKJLVW7X2PROD with BILLS
828 

•S 4049 RS

1 SEC. 1503. PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2021 for procurement accounts for the Army, 

4 the Navy and the Marine Corps, the Air Force, and De5 fense-wide activities, as specified in the funding table in 

6 section 4102. 

7 SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUA8 TION. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2021 for the use of the Department of Defense 

11 for research, development, test, and evaluation, as speci12 fied in the funding table in section 4202. 

13 SEC. 1505. OPERATION AND MAINTENANCE. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2021 for the use of the Armed Forces and other 

16 activities and agencies of the Department of Defense for 

17 expenses, not otherwise provided for, for operation and 

18 maintenance, as specified in the funding table in section 

19 4302. 

20 SEC. 1506. MILITARY PERSONNEL. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2021 for the use of the Armed Forces and other 

23 activities and agencies of the Department of Defense for 

24 expenses, not otherwise provided for, for military per25 sonnel, as specified in the funding table in section 4402. 


pbinns on DSKJLVW7X2PROD with BILLS
829 

•S 4049 RS

1 SEC. 1507. WORKING CAPITAL FUNDS. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2021 for the use of the Armed Forces and other 

4 activities and agencies of the Department of Defense for 

5 providing capital for working capital and revolving funds, 

6 as specified in the funding table in section 4502. 

7 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC8 TIVITIES, DEFENSE-WIDE. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2021 for ex11 penses, not otherwise provided for, for Drug Interdiction 

12 and Counter-Drug Activities, Defense-wide, as specified in 

13 the funding table in section 4502. 

14 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2021 for ex17 penses, not otherwise provided for, for the Office of the 

18 Inspector General of the Department of Defense, as speci19 fied in the funding table in section 4502. 

20 SEC. 1510. DEFENSE HEALTH PROGRAM. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2021 for ex23 penses, not otherwise provided for, for the Defense Health 

24 Program, as specified in the funding table in section 4502. 


pbinns on DSKJLVW7X2PROD with BILLS
830 

•S 4049 RS

1 Subtitle B—Financial Matters 

2 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

3 The amounts authorized to be appropriated by this 

4 title are in addition to amounts otherwise authorized to 

5 be appropriated by this Act. 

6 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

7 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

8 (1) AUTHORITY.—Upon determination by the 

9 Secretary of Defense that such action is necessary in 

10 the national interest, the Secretary may transfer 

11 amounts of authorizations made available to the De12 partment of Defense in this title for fiscal year 2021 

13 between any such authorizations for that fiscal year 

14 (or any subdivisions thereof). Amounts of authoriza15 tions so transferred shall be merged with and be 

16 available for the same purposes as the authorization 

17 to which transferred. 

18 (2) LIMITATION.—The total amount of author19 izations that the Secretary may transfer under the 

20 authority of this subsection may not exceed 

21 $2,000,000,000. 

22 (b) TERMS AND CONDITIONS.—Transfers under this 

23 section shall be subject to the same terms and conditions 

24 as transfers under section 1001. 


pbinns on DSKJLVW7X2PROD with BILLS
831 

•S 4049 RS

1 (c) ADDITIONAL AUTHORITY.—The transfer author2 ity provided by this section is in addition to the transfer 

3 authority provided under section 1001. 

4 Subtitle C—Other Matters 

5 SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 

6 (a) EXTENSION OF AVAILABILITY OF FUNDS FOR

7 SECURITY OF AFGHAN WOMEN.—Subsection (c)(1) of 

8 section 1520 of the National Defense Authorization Act 

9 for Fiscal Year 2020 (Public Law 116–92) is amended, 

10 in the matter preceding subparagraph (A), by striking 

11 ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2021’’. 

12 (b) ASSESSMENT OF AFGHANISTAN PROGRESS ON

13 OBJECTIVES.—Subsection (d) of such section is amend14 ed— 

15 (1) in paragraph (1)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘June 1, 2020’’ and inserting 

18 ‘‘March 1, 2021’’; 

19 (B) in subparagraph (A), by striking ‘‘; 

20 and’’ and inserting ‘‘, including specific mile21 stones achieved since the date on which the 

22 2020 progress report was submitted;’’; 

23 (C) in subparagraph (B), by striking the 

24 period at the end and inserting ‘‘; and’’; and 

25 (D) by adding at the end the following: 


pbinns on DSKJLVW7X2PROD with BILLS
832 

•S 4049 RS

1 ‘‘(C) the efforts of the Government of the 

2 Islamic Republic of Afghanistan to fulfill the 

3 commitments of the Government of the Islamic 

4 Republic of Afghanistan under the Joint Dec5 laration between the Islamic Republic of Af6 ghanistan and the United States of America for 

7 Bringing Peace to Afghanistan, issued on Feb8 ruary 29, 2020.’’; 

9 (2) by amending paragraph (2) to read as fol10 lows: 

11 ‘‘(2) MATTERS TO BE INCLUDED.—In con12 ducting the assessment required by paragraph (1), 

13 the Secretary of Defense shall include each of the 

14 following: 

15 ‘‘(A) The progress made by the Govern16 ment of the Islamic Republic of Afghanistan to17 ward increased accountability and the reduction 

18 of corruption within the Ministry of Defense 

19 and the Ministry of Interior of the Government 

20 of the Islamic Republic of Afghanistan. 

21 ‘‘(B) The extent to which the Government 

22 of the Islamic Republic of Afghanistan has des23 ignated the appropriate staff, prioritized the de24 velopment of relevant processes, and provided 

25 or requested the allocation of resources necVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
833 

•S 4049 RS

1 essary to support a peace and reconciliation 

2 process in Afghanistan. 

3 ‘‘(C) The extent to which the capability 

4 and capacity of the Afghan National Defense 

5 and Security Forces have improved as a result 

6 of Afghanistan Security Forces Fund invest7 ment, including through training, and an ar8 ticulation of the metrics used to assess such im9 provements. 

10 ‘‘(D) The extent to which the Afghan Na11 tional Defense and Security Forces have been 

12 successful in— 

13 ‘‘(i) defending territory, re-taking ter14 ritory, and disrupting attacks; 

15 ‘‘(ii) reducing the use of Afghan Na16 tional Defense and Security Forces check17 points; and 

18 ‘‘(iii) curtailing the use of Afghan 

19 Special Security Forces for missions that 

20 are better suited to general purpose forces. 

21 ‘‘(E) The distribution practices of the Af22 ghan National Defense and Security Forces and 

23 whether the Government of the Islamic Repub24 lic of Afghanistan is ensuring that supplies, 

25 equipment, and weaponry supplied by the 


pbinns on DSKJLVW7X2PROD with BILLS
834 

•S 4049 RS

1 United States are appropriately distributed to, 

2 and employed by, security forces. 

3 ‘‘(F) The progress made with respect to 

4 the recruitment, integration, retention, training, 

5 and treatment of women in the Afghan Na6 tional Defense and Security Forces. 

7 ‘‘(G) The extent to which the Government 

8 of the Islamic Republic of Afghanistan is adher9 ing to conditions for receiving assistance estab10 lished in annual financial commitment letters or 

11 any other bilateral agreement with the United 

12 States. 

13 ‘‘(H) Such other factors as the Secretaries 

14 consider appropriate.’’; and 

15 (3) by amending paragraph (4) to read as fol16 lows: 

17 ‘‘(4) WITHHOLDING OF FUNDS FOR INSUFFI18 CIENT PROGRESS.— 

19 ‘‘(A) CERTIFICATION.—Not later than De20 cember 31, 2020, the Secretary of Defense, in 

21 coordination with the Secretary of State and 

22 pursuant to the assessment under paragraph 

23 (1), shall submit to the congressional defense 

24 committees a certification indicating whether 

25 the Government of the Islamic Republic of AfVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
835 

•S 4049 RS

1 ghanistan has made sufficient progress in the 

2 areas described in paragraph (2). 

3 ‘‘(B) WITHHOLDING OF FUNDS.—If the 

4 Secretary of Defense is unable under subpara5 graph (A) to certify that the Government of the 

6 Islamic Republic of Afghanistan is making suf7 ficient progress in the areas described in para8 graph (2), the Secretary of Defense shall— 

9 ‘‘(i) withhold from expenditure and 

10 obligation an amount that is not less than 

11 5 percent and not more than 15 percent of 

12 the amounts made available for assistance 

13 for the Afghan National Defense and Secu14 rity Forces for fiscal year 2021 until the 

15 date on which the Secretary is able to so 

16 certify; and 

17 ‘‘(ii) notify the congressional defense 

18 committees not later than 30 days before 

19 withholding such funds and indicate the 

20 specific areas of insufficient progress. 

21 ‘‘(C) WAIVER.—If the Secretary of De22 fense determines that withholding such funds 

23 would impede the national security objectives of 

24 the United States by prohibiting, restricting, 

25 delaying, or otherwise limiting the provision of 


pbinns on DSKJLVW7X2PROD with BILLS
836 

•S 4049 RS

1 assistance to the Afghan National Defense and 

2 Security Forces for fiscal year 2021, the Sec3 retary may waive the withholding requirement 

4 under subparagraph (B) if the Secretary, in co5 ordination with the Secretary of State, certifies 

6 such determination to the congressional defense 

7 committees not later than 30 days before the 

8 effective date of the waiver.’’. 

9 (c) ADDITIONAL REPORTING REQUIREMENTS.—Sub10 section (e) of such section is amended— 

11 (1) in the matter preceding paragraph (1), by 

12 striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal year 

13 2022’’; 

14 (2) in paragraph (1), by striking ‘‘fiscal year 

15 2019’’ and inserting ‘‘fiscal year 2020’’; 

16 (3) in paragraph (2), by striking ‘‘fiscal year 

17 2020’’ and inserting ‘‘fiscal year 2021’’; and 

18 (4) by amending paragraph (3) to read as fol19 lows: 

20 ‘‘(3) If the amounts described in paragraph (2) 

21 exceed the amount described in paragraph (1)— 

22 ‘‘(A) an explanation as to why such 

23 amounts are greater; and 


pbinns on DSKJLVW7X2PROD with BILLS
837 

•S 4049 RS

1 ‘‘(B) a detailed description of the specific 

2 entities and purposes that were supported by 

3 such increase.’’. 

4 (d) CONFORMING AMENDMENT.—Such section is fur5 ther amended by striking ‘‘Government of Afghanistan’’ 

6 each place it appears and inserting ‘‘Government of the 

7 Islamic Republic of Afghanistan’’. 

8 SEC. 1532. TRANSITION AND ENHANCEMENT OF INSPECTOR 

9 GENERAL AUTHORITIES FOR AFGHANISTAN 

10 RECONSTRUCTION. 

11 (a) SENSE OF SENATE.—It is the sense of the Senate 

12 to commend the Special Inspector General for Afghanistan 

13 Reconstruction, and the Office of the Special Inspector 

14 General for Afghanistan Reconstruction, for— 

15 (1) dedicated and faithful service to the United 

16 States since their establishment in the 2008; and 

17 (2) promoting substantial efficiency and effec18 tiveness in the administration of programs and oper19 ations funded with amounts for the reconstruction of 

20 Afghanistan. 

21 (b) PURPOSES.—Subsection (a) of section 1229 of 

22 the National Defense Authorization Act for Fiscal Year 

23 2008 (5 U.S.C. app. 8G note) is amended— 

24 (1) in paragraph (3), by inserting after ‘‘To 

25 provide for’’ the following: ‘‘the transition to the 


pbinns on DSKJLVW7X2PROD with BILLS
838 

•S 4049 RS

1 lead Inspector General for Operation Freedom’s 

2 Sentinel designated pursuant to section 8L(d) of the 

3 Inspector General Act of 1978 (50 U.S.C. app. 

4 8L(d)) of all duties, responsibilities, and authorities 

5 for serving’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(4) To maximize coordination between the In9 spector General under this section and the lead In10 spector General for Operation Freedom’s Sentinel, 

11 including through transparency and timely sharing 

12 of data and information collected in relation to the 

13 exercise of their respective duties, responsibilities, 

14 and authorities, with emphasis on matters of signifi15 cant overlap between the Department of State, the 

16 United States Agency for International Develop17 ment, and the Department of Defense.’’. 

18 (c) ASSISTANT INSPECTOR GENERAL FOR AUDIT19 ING.—Subsection (d)(1) of such section is amended by 

20 striking ‘‘supported by’’ and inserting ‘‘funded with’’. 

21 (d) SUPERVISION.—Subsection (e)(2) of such section 

22 is amended by inserting ‘‘authorized by this section’’ after 

23 ‘‘any audit or investigation’’. 

24 (e) DUTIES.—Subsection (f) of such section is 

25 amended— 


pbinns on DSKJLVW7X2PROD with BILLS
839 

•S 4049 RS

1 (1) in paragraph (1)— 

2 (A) in subparagraph (E), by adding ‘‘and’’ 

3 at the end; 

4 (B) by striking subparagraph (F); 

5 (C) by redesignating subparagraph (G) as 

6 subparagraph (F); and 

7 (D) in subparagraph (F), as redesignated 

8 by subparagraph (C) of this paragraph— 

9 (i) by inserting ‘‘with such funds’’ 

10 after ‘‘overpayments,’’; and 

11 (ii) by inserting ‘‘regarding such 

12 funds,’’ after ‘‘or affiliated entities’’; 

13 (2) in paragraph (2)— 

14 (A) by striking ‘‘The Inspector General’’ 

15 and inserting ‘‘As specified in this section, the 

16 Inspector General’’; and 

17 (B) by striking ‘‘as the Inspector General 

18 considers appropriate’’ and inserting ‘‘as nec19 essary’’; and 

20 (3) by striking paragraph (4) and inserting the 

21 following new paragraph (4): 

22 ‘‘(4) SCOPE OF DUTIES AND RESPONSIBIL23 ITIES.— 

24 ‘‘(A) NO EXTENSION TO PARTICULAR MAT25 TERS.—The duties and responsibilities of the 


pbinns on DSKJLVW7X2PROD with BILLS
840 

•S 4049 RS

1 Inspector General under paragraphs (1) 

2 through (3) shall not extend to the following: 

3 ‘‘(i) Military operations or activities 

4 (including security assistance or coopera5 tion), unless such operations or activities 

6 are funded using a Fund or account speci7 fied in subsection (n)(1). 

8 ‘‘(ii) Contracts for personal security. 

9 ‘‘(B) ASSIGNMENT OF DUTIES AND RE10 SPONSIBILITIES FOR SUCH MATTERS.—Duties 

11 and responsibilities of inspectors general with 

12 respect to operations and activities and con13 tracts specified in subparagraph (A) shall be 

14 discharged by the lead Inspector General for 

15 Operation Freedom’s Sentinel designated pur16 suant to section 8L(d) of the Inspector General 

17 Act of 1978.’’. 

18 (f) RESPONSIBILITY FOR COORDINATION OF EF19 FORTS VESTED IN LEAD IG FOR OPERATION FREEDOM’S

20 SENTINEL.—Such section is further amended— 

21 (1) by redesignating subsections (g) through (o) 

22 as subsections (h) through (p), respectively; and 

23 (2) by inserting after subsection (f) the fol24 lowing new subsection (g): 


pbinns on DSKJLVW7X2PROD with BILLS
841 

•S 4049 RS

1 ‘‘(g) COORDINATION AND DECONFLICTION OF EF2 FORTS.— 

3 ‘‘(1) COORDINATION AND DECONFLICTION

4 THROUGH LEAD IG FOR OPERATION FREEDOM’S

5 SENTINEL.—The lead Inspector General for Oper6 ation Freedom’s Sentinel designated pursuant to 

7 section 8L(d) of the Inspector General Act of 1978 

8 shall exercise all duties, responsibilities, and authori9 ties for the coordination and deconfliction of inspec10 tor general activities in or in regard to Afghanistan. 

11 ‘‘(2) COORDINATION IN DISCHARGE.—In car12 rying out duties, responsibilities, and authorities 

13 under paragraph (1), the lead Inspector General re14 ferred to in that paragraph shall coordinate with, re15 ceive the cooperation of, and be responsible for 

16 deconfliction among, the following: 

17 ‘‘(A) Each Inspector General specified in 

18 section 8L(c) of the Inspector General Act of 

19 1978 who is not the lead Inspector General for 

20 Operation Freedom’s Sentinel. 

21 ‘‘(B) The Inspector General under this sec22 tion.’’. 

23 (g) ASSISTANCE FROM FEDERAL AGENCIES.—Sub24 section (i) of such section, as redesignated by subsection 

25 (f)(1) of this section, is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
842 

•S 4049 RS

1 (1) in paragraph (5)(A), by inserting ‘‘per2 taining to the exercise by the Inspector General of 

3 duties, responsibilities, or authorities specified in 

4 subsection (f)’’ after ‘‘information and assistance’’; 

5 and 

6 (2) by striking paragraph (6). 

7 (h) REPORTS.—Subsection (j) of such section, as re8 designated by subsection (f)(1) of this section, is amend9 ed— 

10 (1) in paragraph (1)— 

11 (A) by striking the matter preceding sub12 paragraph (A) and inserting the following new 

13 matter: 

14 ‘‘(1) SEMI-ANNUAL REPORTS.—Not later than 

15 30 days after the end of the second quarter of each 

16 fiscal year, and not later than 30 days after the end 

17 of the fourth quarter of each fiscal year, the Inspec18 tor General shall submit to the appropriate congres19 sional committees a report setting forth a summary, 

20 for the two fiscal year quarters ending before the 

21 date on which such report is required to be sub22 mitted, of the activities of the Inspector General and 

23 the activities under programs and operations funded 

24 with amounts appropriated or otherwise made avail25 able for the reconstruction of Afghanistan. Each reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
843 

•S 4049 RS

1 port shall include, for the period covered by such re2 port, the following:’’; 

3 (B) by striking subparagraph (A) and in4 serting the following new subparagraph (A): 

5 ‘‘(A) A detailed statement of all obligations 

6 and expenditures of amounts appropriated or 

7 otherwise made available for the reconstruction 

8 of Afghanistan.’’; 

9 (C) in subparagraph (B), by inserting 

10 ‘‘projects and programs funded by amounts ap11 propriated or otherwise made available’’ after 

12 ‘‘costs incurred to date for’’; and 

13 (D) in subparagraphs (C) and (D), by 

14 striking ‘‘funded by any department or agency 

15 of the United States Government’’ each place it 

16 appears and inserting ‘‘funded by amounts ap17 propriated or otherwise made available for the 

18 reconstruction of Afghanistan’’; and 

19 (2) in paragraph (2), by striking ‘‘that involves 

20 the use’’ and all that follows and inserting ‘‘that is 

21 funded by amounts appropriated or otherwise made 

22 available for the reconstruction of Afghanistan.’’. 

23 (i) REPORT COORDINATION.—Subsection (k) of such 

24 section, as redesignated by subsection (f)(1) of this sec25 tion, is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
844 

•S 4049 RS

1 (1) in the subsection heading, by inserting ‘‘BY

2 INSPECTOR GENERAL FOR OPERATION FREEDOM’S

3 SENTINEL’’ after ‘‘REPORT COORDINATION’’; 

4 (2) in paragraph (1), by striking ‘‘and the Sec5 retary of Defense’’ and inserting ‘‘, the Secretary of 

6 Defense, and the lead Inspector General for Oper7 ation Freedom’s Sentinel designated pursuant to 

8 section 8L(d) of the Inspector General Act of 1978’’; 

9 and 

10 (3) in paragraph (2), by striking ‘‘or the Sec11 retary of Defense’’ each place it appears and insert12 ing ‘‘, the Secretary of Defense, or the lead Inspec13 tor General referred to in paragraph (1)’’. 

14 (j) FUNDS SUBJECT TO OVERSIGHT RESPONSI15 BILITY.—Paragraph (1) of subsection (n) of such section, 

16 as redesignated by subsection (f)(1) of this section, is 

17 amended to read as follows: 

18 ‘‘(1) AMOUNTS APPROPRIATED OR OTHERWISE

19 MADE AVAILABLE FOR THE RECONSTRUCTION OF

20 AFGHANISTAN.—The term ‘amounts appropriated or 

21 otherwise made available for the reconstruction of 

22 Afghanistan’ means amounts appropriated or other23 wise made available for any fiscal year for the recon24 struction of Afghanistan under either of the fol25 lowing: 


pbinns on DSKJLVW7X2PROD with BILLS
845 

•S 4049 RS

1 ‘‘(A) The Economic Support Fund. 

2 ‘‘(B) The International Narcotics Control 

3 and Law Enforcement account. 

4 ‘‘(C) The Commanders Emergency Re5 sponse Program Fund. 

6 ‘‘(D) The NATO Afghanistan National 

7 Army Trust Fund. 

8 ‘‘(E) The Drug Interdiction and Counter 

9 Drug Activities Fund. 

10 ‘‘(F) The Afghanistan Security Forces 

11 Fund.’’. 

12 (k) TERMINATION.—Subsection (p) of such section, 

13 as redesignated by subsection (f)(1) of this section, is 

14 amended— 

15 (1) by striking paragraph (2); and 

16 (2) by adding at the end the following new 

17 paragraphs. 

18 ‘‘(2) ASSUMPTION OF DUTIES, RESPONSIBIL19 ITIES, AND AUTHORITIES IN TERMINATION.— 

20 ‘‘(A) IN GENERAL.—Effective as of the 

21 date provided for in subparagraph (B), the du22 ties, responsibilities, and authorities of the In23 spector General under this section shall be dis24 charged by the lead Inspector General for Oper25 ation Freedom’s Sentinel designated pursuant 


pbinns on DSKJLVW7X2PROD with BILLS
846 

•S 4049 RS

1 to subsection (d) of section 8L of the Inspector 

2 General Act of 1978. 

3 ‘‘(B) EFFECTIVE DATE.—The effective 

4 date provided for in this subparagraph shall be 

5 such date after the date of the termination of 

6 the Office of the Special Inspector General for 

7 Afghanistan Reconstruction pursuant to para8 graph (1) as the Chair of the Council of Inspec9 tors General on Integrity and Efficiency under 

10 subsection (a) of section 8L of the Inspector 

11 General Act of 1978 shall specify, which date 

12 may not be more than 180 days after the date 

13 of such termination. 

14 ‘‘(3) FINAL REPORT.—The final report of the 

15 Inspector General under this section shall consist of 

16 the semi-annual report required by subsection (j)(1) 

17 for the last two fiscal year quarters ending before 

18 the date of the termination of the Office of the Spe19 cial Inspector General for Afghanistan Reconstruc20 tion pursuant to paragraph (1).’’. 

21 (l) CONFORMING AND TECHNICAL AMENDMENTS.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 such section is further amended as follows: 

24 (A) In subsection (a)(2)(A), by inserting a 

25 comma after ‘‘economy’’. 


pbinns on DSKJLVW7X2PROD with BILLS
847 

•S 4049 RS

1 (B) Subsection (a)(3) is amended to read 

2 as such subsection read as of the day before the 

3 date of the enactment of this Act. 

4 (C) Paragraph (4) of subsection (a) is re5 pealed. 

6 (D) In subsection (f)(1)(E), by striking 

7 ‘‘fund’’ and inserting ‘‘funds’’. 

8 (E) In subsections (l) and (m), as redesig9 nated by subsection (f)(1) of this section— 

10 (i) by striking ‘‘subsection (i)’’ each 

11 place it appears and inserting ‘‘subsection 

12 (j)’’; and 

13 (ii) by striking ‘‘subsection (j)(2)’’ 

14 each place it appears and inserting ‘‘sub15 section (k)(2)’’. 

16 (2) EFFECTIVE DATES.—The amendments 

17 made by subparagraphs (A), (D) and (E) of para18 graph (1) shall take effect on the date of the enact19 ment of this Act. The amendment made by subpara20 graphs (B) and (C) of that paragraph shall take ef21 fect on the effective date provided for in section 

22 1229(p)(2)(B) of the National Defense Authoriza23 tion Act for Fiscal Year 2008, as redesignated by 

24 subsection (f)(1) and amended by subsection (k). 


pbinns on DSKJLVW7X2PROD with BILLS
848 

•S 4049 RS

1 (m) CONFORMING AMENDMENT TO OTHER LAW.— 

2 Section 842(c) of the National Defense Authorization Act 

3 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

4 234; 10 U.S.C. 2302 note) is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘The Special In6 spector General for Iraq Reconstruction’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) Upon the assumption by the lead Inspector Gen10 eral for Operation Freedom’s Sentinel designated pursu11 ant to section 8L(d) of the Inspector General Act of 1978 

12 (5 U.S.C. app. 8L(d)) of duties, responsibilities, and au13 thorities under section 1229 of this Act, as provided for 

14 in subsection (p)(2) of such section 1229, the requirement 

15 in paragraph (1) to perform audits as required by sub16 section (a) with respect to Afghanistan shall be discharged 

17 by such lead Inspector General.’’. 

18 TITLE XVI—STRATEGIC PRO19 GRAMS, CYBER, AND INTEL20 LIGENCE MATTERS 

21 Subtitle A—Space Activities 

22 SEC. 1601. RESILIENT AND SURVIVABLE POSITIONING, 

23 NAVIGATION, AND TIMING CAPABILITIES. 

24 (a) IN GENERAL.—Not later than two years after the 

25 date of the enactment of this Act, consistent with the 


pbinns on DSKJLVW7X2PROD with BILLS
849 

•S 4049 RS

1 timescale applicable to joint urgent operational needs 

2 statements, the Secretary of Defense shall— 

3 (1) prioritize and rank order the mission ele4 ments, platforms, and weapons systems most critical 

5 for the operational plans of the combatant com6 mands; 

7 (2) mature, test, and produce for such 

8 prioritized mission elements sufficient equipment— 

9 (A) to generate resilient and survivable al10 ternative positioning, navigation, and timing 

11 signals; and 

12 (B) to process resilient survivable data 

13 provided by signals of opportunity and on-board 

14 sensor systems; and 

15 (3) integrate and deploy such equipment into 

16 the prioritized operational systems, platforms, and 

17 weapons systems. 

18 (b) PLAN.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act, the Sec21 retary shall submit to the congressional defense com22 mittees a plan to commence carrying out subsection 

23 (a) in fiscal year 2021. 

24 (2) REPROGRAMMING AND BUDGET PRO25 POSALS.—The plan submitted under paragraph (1) 


pbinns on DSKJLVW7X2PROD with BILLS
850 

•S 4049 RS

1 may include any reprogramming or supplemental 

2 budget request the Secretary considers necessary to 

3 carry out subsection (a). 

4 (c) COORDINATION.—In carrying out this section, the 

5 Secretary shall consult with the National Security Council, 

6 the Secretary of Homeland Security, the Secretary of 

7 Transportation, and the head of any other relevant Fed8 eral department or agency to enable civilian and commer9 cial adoption of technologies and capabilities for resilient 

10 and survivable alternative positioning, navigation, and 

11 timing capabilities to complement the global positioning 

12 system. 

13 SEC. 1602. DISTRIBUTION OF LAUNCHES FOR PHASE TWO 

14 OF ACQUISITION STRATEGY FOR NATIONAL 

15 SECURITY SPACE LAUNCH PROGRAM. 

16 In carrying out phase two of the acquisition strategy 

17 for the National Security Space Launch program, the Sec18 retary of the Air Force shall ensure— 

19 (1) that launch services are procured only from 

20 launch service providers that use launch vehicles 

21 meeting Federal requirements with respect to re22 quired payloads to reference orbits; and 

23 (2) the viability of the domestic space launch 

24 industrial base while providing for cost-effective and 

25 reliable launch services. 


pbinns on DSKJLVW7X2PROD with BILLS
851 

•S 4049 RS

1 SEC. 1603. DEVELOPMENT EFFORTS FOR NATIONAL SECU2 RITY SPACE LAUNCH PROVIDERS. 

3 (a) IN GENERAL.—The Secretary of the Air Force 

4 shall establish a program to develop technologies and sys5 tems to enhance phase three National Security Space 

6 Launch requirements and enable further advances in 

7 launch capability associated with the insertion of national 

8 security payloads into relevant classes of orbits. 

9 (b) DURATION.—The duration of a project to develop 

10 technologies and systems selected under the program shall 

11 be not more than three years. 

12 (c) PROGRAM EXPENSE CEILING.—The total amount 

13 expended under the program shall not exceed 

14 $250,000,000. 

15 (d) SUNSET.—The program established under this 

16 section shall terminate on October 1, 2027. 

17 SEC. 1604. TIMELINE FOR NONRECURRING DESIGN VALIDA18 TION FOR RESPONSIVE SPACE LAUNCH. 

19 Not later than 540 days after the date on which the 

20 Secretary of the Air Force selects two National Security 

21 Space Launch providers in accordance with the phase two 

22 acquisition strategy for the National Security Space 

23 Launch program, the Secretary of Defense shall complete 

24 the nonrecurring design validation of previously flown 

25 launch hardware for National Security Space Launch pro26 viders that offer such hardware for use in the phase two 


pbinns on DSKJLVW7X2PROD with BILLS
852 

•S 4049 RS

1 acquisition strategy or other national security space mis2 sions. 

3 SEC. 1605. TACTICALLY RESPONSIVE SPACE LAUNCH OPER4 ATIONS. 

5 The Secretary of the Air Force shall implement a 

6 tactically responsive space launch program— 

7 (1) to provide long-term continuity for tactically 

8 responsive space launch operations across the fu9 ture-years defense program submitted to Congress 

10 under section 221 of title 10, United States Code; 

11 (2) to accelerate the development of— 

12 (A) responsive launch concepts of oper13 ations; 

14 (B) tactics; 

15 (C) training; and 

16 (D) procedures; 

17 (3) to develop appropriate processes for 

18 tactically responsive space launch, including— 

19 (A) mission assurance processes; and 

20 (B) command and control, tracking, telem21 etry, and communications; and 

22 (4) to identify basing capabilities necessary to 

23 enable tactically responsive space launch, including 

24 mobile launch range infrastructure. 


pbinns on DSKJLVW7X2PROD with BILLS
853 

•S 4049 RS

1 SEC. 1606. CONFORMING AMENDMENTS RELATING TO RE2 ESTABLISHMENT OF SPACE COMMAND. 

3 (a) CERTIFICATIONS REGARDING INTEGRATED TAC4 TICAL WARNING AND ATTACK ASSESSMENT MISSION OF

5 THE AIR FORCE.—Section 1666(a) of National Defense 

6 Authorization Act for Fiscal Year 2017 (Public Law 114– 

7 328; 113 Stat. 2617) is amended by striking ‘‘Strategic 

8 Command’’ and inserting ‘‘Space Command’’. 

9 (b) COUNCIL ON OVERSIGHT OF THE DEPARTMENT

10 OF DEFENSE POSITIONING, NAVIGATION, AND TIMING

11 ENTERPRISE.—Section 2279b of title 10, United States 

12 Code, is amended— 

13 (1) in subsection (b)— 

14 (A) by redesignating paragraphs (7), (8), 

15 (9), and (10) as paragraphs (8), (9), (10), and 

16 (11), respectively; and 

17 (B) by inserting after paragraph (6) the 

18 following new paragraph (7): 

19 ‘‘(7) The Commander of the United States 

20 Space Command.’’; and 

21 (2) in subsection (f), by striking ‘‘Strategic 

22 Command’’ each place it appears and inserting 

23 ‘‘Space Command’’. 

24 (c) JOINT INTERAGENCY COMBINED SPACE OPER25 ATIONS CENTER.—Section 605(e) of the Intelligence AuVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
854 

•S 4049 RS

1 thorization Act for Fiscal Year 2017 (Public Law 115– 

2 31; 131 Stat. 832) is amended— 

3 (1) in the subsection heading, by striking 

4 ‘‘JOINT INTERAGENCY COMBINED SPACE OPER5 ATIONS CENTER’’ and inserting ‘‘NATIONAL SPACE

6 DEFENSE CENTER’’; and 

7 (2) by striking ‘‘Strategic Command’’ each 

8 place it appears and inserting ‘‘Space Command’’; 

9 and 

10 (3) by striking ‘‘Joint Interagency Combined 

11 Space Operations Center’’ each place it appears and 

12 inserting ‘‘National Space Defense Center’’. 

13 (d) NATIONAL SECURITY SPACE SATELLITE RE14 PORTING POLICY.—Section 2278(a) of title 10, United 

15 States Code, is amended by striking ‘‘Strategic Com16 mand’’ and inserting ‘‘Space Command’’. 

17 (e) SPACE-BASED INFRARED SYSTEM AND AD18 VANCED EXTREMELY HIGH FREQUENCY PROGRAM.— 

19 Section 1612(a)(1) of the National Defense Authorization 

20 Act for 2017 (Public Law 114–328; 130 Stat. 2590) is 

21 amended by striking ‘‘Strategic Command’’ and inserting 

22 ‘‘Space Command’’. 


pbinns on DSKJLVW7X2PROD with BILLS
855 

•S 4049 RS

1 SEC. 1607. SPACE DEVELOPMENT AGENCY DEVELOPMENT 

2 REQUIREMENTS AND TRANSFER TO SPACE 

3 FORCE. 

4 (a) DEVELOPMENT.—The Director of the Space De5 velopment Agency shall lead— 

6 (1) the development and demonstration of a re7 silient military space-based sensing, tracking, and 

8 data transport architecture that primarily uses a 

9 proliferated low-Earth orbit; and 

10 (2) the integration of next-generation space ca11 pabilities, and sensor and tracking components (in12 cluding a hypersonic and ballistic missile-tracking 

13 space sensor payload), into such architecture to ad14 dress the requirements and needs of the Armed 

15 Forces and combatant commands for such capabili16 ties. 

17 (b) ORGANIZATION.—On October 1, 2022, or earlier 

18 if directed by the Secretary of Defense, the Space Develop19 ment Agency shall be transferred from the Office of the 

20 Secretary of Defense to the United States Space Force 

21 and shall maintain the same organizational reporting re22 quirements and acquisition authorities as the Space Rapid 

23 Capability Office. 

24 SEC. 1608. SPACE LAUNCH RATE ASSESSMENT. 

25 Not later than 90 days after the date of the enact26 ment of this Act, and biennially thereafter for the folVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
856 

•S 4049 RS

1 lowing five-year period, the Secretary of the Air Force 

2 shall submit to the congressional defense committees an 

3 assessment that includes— 

4 (1) the total number of space launches for all 

5 national security and Federal civil agency entities 

6 conducted in the United States during the preceding 

7 two-year period; and 

8 (2) the number of space launches by the same 

9 sponsors projected to occur during the following 

10 three-year period, including— 

11 (A) the number of launches, disaggregated 

12 by class of launch vehicle; and 

13 (B) the number of payloads, disaggregated 

14 by orbital destination. 

15 SEC. 1609. REPORT ON IMPACT OF ACQUISITION STRATEGY 

16 FOR THE NATIONAL SECURITY SPACE 

17 LAUNCH PROGRAM ON EMERGING FOREIGN 

18 SPACE LAUNCH PROVIDERS. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Secretary of the Air Force shall sub21 mit to Congress a report on the impact of the acquisition 

22 strategy for the National Security Space Launch program 

23 on the potential for foreign countries, including the Peo24 ple’s Republic of China, to enter the global commercial 

25 space launch market. 


pbinns on DSKJLVW7X2PROD with BILLS
857 

•S 4049 RS

1 Subtitle B—Cyberspace-Related 

2 Matters 

3 SEC. 1611. MODIFICATION OF POSITION OF PRINCIPAL 

4 CYBER ADVISOR. 

5 (a) IN GENERAL.—Subsection (c) of section 932 of 

6 the National Defense Authorization Act for Fiscal Year 

7 2014 (Public Law 113–66; 10 U.S.C. 2224 note) is 

8 amended to read as follows: 

9 ‘‘(c) PRINCIPAL CYBER ADVISOR.— 

10 ‘‘(1) DESIGNATION.—The Secretary shall des11 ignate a Principal Cyber Advisor from among those 

12 civilian officials of the Department of Defense who 

13 have been appointed to the positions in which they 

14 serve by the President, by and with the advice and 

15 consent of the Senate. 

16 ‘‘(2) RESPONSIBILITIES.—The Principal Cyber 

17 Advisor shall be responsible for the following: 

18 ‘‘(A) Acting as the principal advisor to the 

19 Secretary on military cyber forces and activi20 ties. 

21 ‘‘(B) Overall integration of Cyber Oper22 ations Forces activities relating to cyberspace 

23 operations, including associated policy and oper24 ational considerations, resources, personnel, 


pbinns on DSKJLVW7X2PROD with BILLS
858 

•S 4049 RS

1 technology development and transition, and ac2 quisition. 

3 ‘‘(C) Assessing and overseeing the imple4 mentation of the cyber strategy of the Depart5 ment and execution of the cyber posture review 

6 of the Department on behalf of the Secretary. 

7 ‘‘(D) Coordinating activities pursuant to 

8 subparagraphs (A) and (B) of subsection (c)(3) 

9 with the Principal Information Operations Advi10 sor, the Chief Information Officer of the De11 partment, and other officials as determined by 

12 the Secretary of Defense, to ensure the integra13 tion of activities in support of cyber, informa14 tion, and electromagnetic spectrum operations. 

15 ‘‘(E) Such other matters relating to the of16 fensive military cyber forces of the Department 

17 as the Secretary shall specify for the purposes 

18 of this subsection. 

19 ‘‘(3) CROSS-FUNCTIONAL TEAM.—Consistent 

20 with section 911 of the National Defense Authoriza21 tion Act for Fiscal Year 2017 (Public Law 114–328; 

22 10 U.S.C. 111 note), the Principal Cyber Advisor 

23 shall— 

24 ‘‘(A) integrate the cyber expertise and per25 spectives of appropriate organizations within 


pbinns on DSKJLVW7X2PROD with BILLS
859 

•S 4049 RS

1 the Office of the Secretary of Defense, Joint 

2 Staff, military departments, the Defense Agen3 cies and Field Activities, and combatant com4 mands, by establishing and maintaining a full5 time cross-functional team of subject matter ex6 perts from those organizations; and 

7 ‘‘(B) select team members, and designate a 

8 team leader, from among those personnel nomi9 nated by the heads of such organizations.’’. 

10 (b) DESIGNATION OF DEPUTY PRINCIPAL CYBER

11 ADVISOR.—Section 905(a)(1) of the National Defense Au12 thorization Act for Fiscal Year 2020 (Public Law 116– 

13 92) is amended by striking ‘‘Under Secretary of Defense 

14 for Policy’’ and inserting ‘‘Secretary of Defense’’. 

15 SEC. 1612. FRAMEWORK FOR CYBER HUNT FORWARD OPER16 ATIONS. 

17 (a) FRAMEWORK REQUIRED.—Not later than Feb18 ruary 1, 2021, the Secretary of Defense shall develop a 

19 standard, comprehensive framework to enhance the con20 sistency, execution, and effectiveness of cyber hunt for21 ward operations. 

22 (b) ELEMENTS.—The framework developed pursuant 

23 to subsection (a) shall include the following: 

24 (1) Identification of the selection criteria for 

25 proposed hunt forward operations, including speciVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
860 

•S 4049 RS

1 fication of necessary thresholds for the justification 

2 of operations and thresholds for partner cooperation. 

3 (2) The roles and responsibilities of the fol4 lowing organizations in the support of the planning 

5 and execution of hunt forward operations: 

6 (A) United States Cyber Command. 

7 (B) Service cyber components. 

8 (C) The Office of the Under Secretary of 

9 Defense for Policy. 

10 (D) Geographic combatant commands. 

11 (E) Cyber Operations-Integrated Planning 

12 Elements and Joint Cyber Centers. 

13 (F) Embassies and consulates of the 

14 United States. 

15 (3) Pre-deployment planning guidelines to 

16 maximize the operational success of each unique op17 eration, including guidance that takes into account 

18 the highly variable nature of the following aspects at 

19 the tactical level: 

20 (A) Team composition, including necessary 

21 skillsets, recommended training, and guidelines 

22 on team size and structure. 

23 (B) Relevant factors to determine mission 

24 duration in a country of interest. 


pbinns on DSKJLVW7X2PROD with BILLS
861 

•S 4049 RS

1 (C) Agreements with partner countries re2 quired pre-deployment. 

3 (D) Criteria for potential follow-on oper4 ations. 

5 (E) Equipment and infrastructure required 

6 to support the missions. 

7 (4) Metrics to measure the effectiveness of each 

8 operation, including means to evaluate the value of 

9 discovered malware and infrastructure, the effect on 

10 the adversary, and the potential for future engage11 ments with the partner country. 

12 (5) Roles and responsibilities for United States 

13 Cyber Command and the National Security Agency 

14 in the analysis of relevant mission data. 

15 (6) Such other matters as the Secretary deter16 mines relevant. 

17 (c) BRIEFING.— 

18 (1) IN GENERAL.—Not later than March 1, 

19 2021, the Secretary of Defense shall provide to the 

20 Committee on Armed Services of the Senate and the 

21 Committee on Armed Services of the House of Rep22 resentatives a briefing on the framework developed 

23 pursuant to subsection (a). 

24 (2) CONTENTS.—The briefing required by para25 graph (1) shall include the following: 


pbinns on DSKJLVW7X2PROD with BILLS
862 

•S 4049 RS

1 (A) An overview of the framework devel2 oped in subsection (a). 

3 (B) An explanation of the tradeoffs associ4 ated with the use of Department of Defense re5 sources for hunt forward missions in the con6 text of competing priorities. 

7 (C) Such recommendations as the Sec8 retary may have for legislative action to im9 prove the effectiveness of hunt forward mis10 sions. 

11 SEC. 1613. MODIFICATION OF SCOPE OF NOTIFICATION RE12 QUIREMENTS FOR SENSITIVE MILITARY 

13 CYBER OPERATIONS. 

14 Subsection (c) of section 395 of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(c) SENSITIVE MILITARY CYBER OPERATION DE17 FINED.—(1) In this section, the term ‘sensitive military 

18 cyber operation’ means an action described in paragraph 

19 (2) that— 

20 ‘‘(A) is carried out by the armed forces of the 

21 United States; 

22 ‘‘(B) is intended to achieve a cyber effect 

23 against a foreign terrorist organization or a country, 

24 including its armed forces and the proxy forces of 

25 that country located elsewhere — 


pbinns on DSKJLVW7X2PROD with BILLS
863 

•S 4049 RS

1 ‘‘(i) with which the armed forces of the 

2 United States are not involved in hostilities (as 

3 that term is used in section 4 of the War Pow4 ers Resolution (50 U.S.C. 1543)); or 

5 ‘‘(ii) with respect to which the involvement 

6 of the armed forces of the United States in hos7 tilities has not been acknowledged publicly by 

8 the United States; and 

9 ‘‘(C)(i) is determined to— 

10 ‘‘(I) have a medium or high collateral ef11 fects estimate; 

12 ‘‘(II) have a medium or high intelligence 

13 gain or loss; 

14 ‘‘(III) have a medium or high probability 

15 of political retaliation, as determined by the po16 litical military assessment contained within the 

17 associated concept of operations; 

18 ‘‘(IV) have a medium or high probability of 

19 detection when detection is not intended; or 

20 ‘‘(V) result in medium or high collateral ef21 fects; or 

22 ‘‘(ii) is a matter the Secretary determines to be 

23 appropriate. 

24 ‘‘(2) The actions described in this paragraph are the 

25 following: 


pbinns on DSKJLVW7X2PROD with BILLS
864 

•S 4049 RS

1 ‘‘(A) An offensive cyber operation. 

2 ‘‘(B) A defensive cyber operation.’’. 

3 SEC. 1614. MODIFICATION OF REQUIREMENTS FOR QUAR4 TERLY DEPARTMENT OF DEFENSE CYBER OP5 ERATIONS BRIEFINGS FOR CONGRESS. 

6 Section 484 of title 10, United States Code, is 

7 amended by striking subsections (a) and (b) and inserting 

8 the following new subsections: 

9 ‘‘(a) BRIEFINGS REQUIRED.—The Under Secretary 

10 of Defense for Policy, the Commander of United States 

11 Cyber Command, and the Chairman of the Joint Chiefs 

12 of Staff, or designees from each of their offices, shall pro13 vide to the congressional defense committees quarterly 

14 briefings on all offensive and significant defensive military 

15 operations in cyberspace, including clandestine cyber ac16 tivities, carried out by the Department of Defense during 

17 the immediately preceding quarter. 

18 ‘‘(b) ELEMENTS.—Each briefing under subsection 

19 (a) shall include, with respect to the military operations 

20 in cyberspace described in such subsection, the following: 

21 ‘‘(1) An update, set forth separately for each 

22 applicable geographic and functional command, that 

23 describes the operations carried out in the area of 

24 operations of that command or by that command. 


pbinns on DSKJLVW7X2PROD with BILLS
865 

•S 4049 RS

1 ‘‘(2) An update, set forth for each applicable 

2 geographic and functional command, that describes 

3 defensive cyber operations executed to protect or de4 fend forces, networks, and equipment in the area of 

5 operations of that command. 

6 ‘‘(3) An update on relevant authorities and 

7 legal issues applicable to operations, including any 

8 presidential directives and delegations of authority 

9 received since the last quarterly update. 

10 ‘‘(4) An overview of critical operational chal11 lenges posed by major adversaries or encountered in 

12 operational activities conducted since the last quar13 terly update. 

14 ‘‘(5) An overview of the readiness of the Cyber 

15 Mission Forces to perform assigned missions that— 

16 ‘‘(A) addresses all of the abilities of such 

17 Forces to conduct cyberspace operations based 

18 on capability and capacity of personnel, equip19 ment, training, and equipment condition— 

20 ‘‘(i) using both quantitative and quali21 tative metrics; and 

22 ‘‘(ii) in a way that is common to all 

23 military departments; and 

24 ‘‘(B) is consistent with readiness reporting 

25 pursuant to section 482 of this title. 


pbinns on DSKJLVW7X2PROD with BILLS
866 

•S 4049 RS

1 ‘‘(6) Any other matters that the briefers deter2 mine to be appropriate. 

3 ‘‘(c) DOCUMENTS.—Each briefing under subsection 

4 (a) shall include a classified placemat, summarizing the 

5 elements specified in paragraphs (1), (2), (3), and (5) of 

6 subsection (b), and an unclassified memorandum, summa7 rizing the briefing’s contents.’’. 

8 SEC. 1615. RATIONALIZATION AND INTEGRATION OF PAR9 ALLEL CYBERSECURITY ARCHITECTURES 

10 AND OPERATIONS. 

11 (a) REVIEW REQUIRED.—The Commander of United 

12 States Cyber Command, with support from the Chief In13 formation Officer of the Department of Defense, the Chief 

14 Data Officer of the Department, the Principal Cyber Advi15 sor, the Vice Chairman of the Joint Chiefs of Staff, and 

16 the Director of Cost Analysis and Program Evaluation, 

17 shall conduct a review of the Cybersecurity Service Pro18 vider and Cyber Mission Force enterprises. 

19 (b) ASSESSMENT AND IDENTIFICATION OF

20 REDUNDANCIES AND GAPS.—The review required by sub21 section (a) shall assess and identify— 

22 (1) the optimal way to integrate the Joint 

23 Cyber Warfighting Architecture and the Cybersecu24 rity Service Provider architectures, associated tools 


pbinns on DSKJLVW7X2PROD with BILLS
867 

•S 4049 RS

1 and capabilities, and associated concepts of oper2 ations; 

3 (2) redundancies and gaps in network sensor 

4 deployment and data collection and analysis for 

5 the— 

6 (A) Big Data Platform; 

7 (B) Joint Regional Security Stacks; and 

8 (C) Security Information and Event Man9 agement capabilities; 

10 (3) where integration, collaboration, and inter11 operability are not occurring that would improve 

12 outcomes; 

13 (4) baseline training, capabilities, competencies, 

14 operational responsibilities, and joint concepts of op15 erations for the Joint Force Headquarters for the 

16 Department of Defense Information Network, Cy17 bersecurity Service Providers, and Cyber Protection 

18 Teams; 

19 (5) the roles and responsibilities of the Prin20 cipal Cyber Advisor, Chief Information Officer, and 

21 the Commander of United States Cyber Command 

22 in establishing and overseeing the baselines assessed 

23 and identified under paragraph (4); 


pbinns on DSKJLVW7X2PROD with BILLS
868 

•S 4049 RS

1 (6) the optimal command structure for the mili2 tary services’ and combatant commands’ cybersecu3 rity service providers and cyber protection teams; 

4 (7) the responsibilities of network owners and 

5 cybersecurity service providers in mapping, config6 uring, instrumenting, and deploying sensors on net7 works to best support response of cyber protection 

8 teams when assigned to defend unfamiliar networks; 

9 and 

10 (8) operational concepts and engineering 

11 changes to enhance remote access and operations of 

12 cyber protection teams on networks through tools 

13 and capabilities of the Cybersecurity Service Pro14 viders. 

15 (c) RECOMMENDATIONS FOR FISCAL YEAR 2023 

16 BUDGET.—The Chief Information Officer, the Chief Data 

17 Officer, the Commander of United States Cyber Com18 mand, and the Principal Cyber Advisor shall jointly de19 velop recommendations for the Secretary of Defense in 

20 preparation of the budget justification materials to be sub21 mitted to Congress in support of the budget for the De22 partment of Defense for fiscal year 2023 (as submitted 

23 with the budget of the President for such fiscal year under 

24 section 1105(a) of title 31, United States Code). 


pbinns on DSKJLVW7X2PROD with BILLS
869 

•S 4049 RS

1 (d) PROGRESS BRIEFING.—Not later than March 31, 

2 2021, the Chief Information Officer, the Chief Data Offi3 cer, the Commander of United States Cyber Command, 

4 and the Principal Cyber Advisor shall jointly provide a 

5 briefing to the congressional defense committees on the 

6 progress made in carrying out this section. 

7 SEC. 1616. MODIFICATION OF ACQUISITION AUTHORITY OF 

8 COMMANDER OF UNITED STATES CYBER 

9 COMMAND. 

10 Section 807 of the National Defense Authorization 

11 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 

12 2224 note) is amended— 

13 (1) by striking subsections (e) and (i); and 

14 (2) by redesignating subsections (f) through (h) 

15 as subsections (e) through (g), respectively. 

16 SEC. 1617. ASSESSMENT OF CYBER OPERATIONAL PLAN17 NING AND DECONFLICTION POLICIES AND 

18 PROCESSES. 

19 (a) ASSESSMENT.—Not later than November 1, 

20 2021, the Principal Cyber Advisor of the Department of 

21 Defense and the Commander of United States Cyber Com22 mand shall jointly, in coordination with the Under Sec23 retary of Defense for Policy, the Under Secretary of De24 fense for Intelligence and Security, and the Chairman of 

25 the Joint Chiefs of Staff, conduct and complete an assessVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
870 

•S 4049 RS

1 ment on the operational planning and deconfliction poli2 cies and processes that govern cyber operations of the De3 partment of Defense. 

4 (b) ELEMENTS.—The assessment required by sub5 section (a) shall include evaluations as to whether— 

6 (1) the joint targeting cycle and relevant oper7 ational and targeting databases are suitable for the 

8 conduct of timely and well-coordinated cyber oper9 ations; 

10 (2) each of the policies and processes in effect 

11 to facilitate technical, operational, and capability 

12 deconfliction are appropriate for the conduct of 

13 timely and effective cyber operations; 

14 (3) intelligence gain-loss decisions made by 

15 Cyber Command are sufficiently well-informed and 

16 made in timely fashion; 

17 (4) relevant intelligence data and products are 

18 consistently available and distributed to relevant 

19 planning and operational elements in Cyber Com20 mand; 

21 (5) collection operations and priorities meet the 

22 operational requirements of Cyber Command; and 

23 (6) authorities relevant to intelligence, surveil24 lance, and reconnaissance and operational preparaVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
871 

•S 4049 RS

1 tion of the environment are delegated to the appro2 priate level. 

3 (c) BRIEFING.—Not later than February 1, 2022, the 

4 Principal Cyber Advisor and the Commander of United 

5 States Cyber Command shall provide to the Committee on 

6 Armed Services of the Senate and the Committee on 

7 Armed Services of the House of Representatives a briefing 

8 on the findings of the assessment completed under sub9 section (a), including discussion of planned policy and 

10 process changes, if any, relevant to cyber operations. 

11 SEC. 1618. PILOT PROGRAM ON CYBERSECURITY CAPA12 BILITY METRICS. 

13 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

14 Defense, acting through the Chief Information Officer of 

15 the Department of Defense and the Commander of United 

16 States Cyber Command, shall conduct a pilot program to 

17 assess the feasibility and advisability of developing and 

18 using speed-based metrics to measure the performance 

19 and effectiveness of security operations centers and cyber 

20 security service providers in the Department of Defense. 

21 (b) REQUIREMENTS.— 

22 (1) DEVELOPMENT OF METRICS.—(A) Not later 

23 than July 1, 2021, the Chief Information Officer 

24 and the Commander shall jointly develop metrics deVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
872 

•S 4049 RS

1 scribed in subsection (a) to carry out the pilot pro2 gram under such subsection. 

3 (B) The Chief Information Officer and the 

4 Commander shall ensure that the metrics developed 

5 under subparagraph (A) are commensurate with the 

6 representative timelines of nation-state and non-na7 tion-state actors when gaining access to, and com8 promising, Department networks. 

9 (2) USE OF METRICS.—(A) Not later than De10 cember 1, 2021, the Secretary shall, in carrying out 

11 the pilot program required by subsection (a), begin 

12 using the metrics developed under paragraph (1) of 

13 this subsection to assess select security operations 

14 centers and cyber security service providers, which 

15 the Secretary shall select specifically for purposes of 

16 the pilot program, for a period of not less than four 

17 months. 

18 (B) In carrying out the pilot program under 

19 subsection (a), the Secretary shall evaluate the effec20 tiveness of operators, capabilities available to opera21 tors, and operators’ tactics, techniques, and proce22 dures. 

23 (c) AUTHORITIES.—In carrying out the pilot program 

24 under subsection (a), the Secretary may— 


pbinns on DSKJLVW7X2PROD with BILLS
873 

•S 4049 RS

1 (1) assess select security operations centers and 

2 cyber security service providers— 

3 (A) over the course of their mission per4 formance; or 

5 (B) in the testing and accreditation of cy6 bersecurity products and services on test net7 works designated pursuant to section 1658 of 

8 the National Defense Authorization Act for Fis9 cal Year 2020 (Public Law 116–92); and 

10 (2) assess select elements’ use of security or11 chestration and response technologies, modern end12 point security technologies, Big Data Platform 

13 instantiations, and technologies relevant to zero 

14 trust architectures. 

15 (d) BRIEFING.— 

16 (1) IN GENERAL.—Not later than March 1, 

17 2022, the Secretary shall brief the Committee on 

18 Armed Services of the Senate and the Committee on 

19 Armed Services of the House of Representatives on 

20 the findings of the Secretary with respect to the 

21 pilot program required by subsection (a). 

22 (2) ELEMENTS.—The briefing provided under 

23 paragraph (1) shall include the following: 

24 (A) The pilot metrics developed under sub25 section (b)(1). 


pbinns on DSKJLVW7X2PROD with BILLS
874 

•S 4049 RS

1 (B) The findings of the Secretary with re2 spect to the assessments carried out under sub3 section (b)(2). 

4 (C) An analysis of the utility of speed5 based metrics in assessing security operations 

6 centers and cyber security service providers. 

7 (D) An analysis of the utility of the exten8 sion of the pilot metrics to or speed-based as9 sessment of the Cyber Mission Forces. 

10 (E) An assessment of the technical and 

11 procedural measures that would be necessary to 

12 meet the speed-based metrics developed and ap13 plied in the pilot program. 

14 SEC. 1619. ASSESSMENT OF EFFECT OF INCONSISTENT TIM15 ING AND USE OF NETWORK ADDRESS TRANS16 LATION IN DEPARTMENT OF DEFENSE NET17 WORKS. 

18 (a) IN GENERAL.—Not later than March 1, 2021, the 

19 Chief Information Officer of the Department of Defense 

20 shall conduct comprehensive assessments as follows: 

21 (1) TIMING VARIABILITY IN DEPARTMENT NET22 WORKS.—The Chief Information Officer shall char23 acterize— 

24 (A) timing variability across Department 

25 information technology and operational techVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
875 

•S 4049 RS

1 nology networks, appliances, devices, applica2 tions, and sensors that generate time-stamped 

3 data and metadata used for cybersecurity pur4 poses; 

5 (B) how timing variability affects current, 

6 planned, and potential capabilities for detecting 

7 network intrusions that rely on correlating 

8 events and the sequence of events; and 

9 (C) how to harmonize standard of timing 

10 across Department networks. 

11 (2) USE OF NETWORK ADDRESS TRANS12 LATION.—The Chief Information Officer shall char13 acterize— 

14 (A) why and how the Department is using 

15 Network Address Translation (NAT) and mul16 tiple layers and nesting of Network Address 

17 Translation; 

18 (B) how using Network Address Trans19 lation affects the ability to link malicious com20 munications detected at various network tiers to 

21 specific endpoints or hosts to enable prompt ad22 ditional investigations, quarantine decisions, 

23 and remediation activities; and 

24 (C) what steps and associated cost and 

25 schedule are necessary to eliminate the use of 


pbinns on DSKJLVW7X2PROD with BILLS
876 

•S 4049 RS

1 Network Address Translation or to otherwise 

2 provide transparency to network defenders, in3 cluding options to accelerate the transition from 

4 Internet Protocol version 4 to Internet Protocol 

5 version 6. 

6 (b) RECOMMENDATION.—The Chief Information Of7 ficer and the Principal Cyber Advisor shall submit to the 

8 Secretary of Defense a recommendation to address the as9 sessments conducted under subsection (a), including 

10 whether and how to revise the cyber strategy of the De11 partment. 

12 (c) BRIEFING.—Not later than April 1, 2021, the 

13 Chief Information Officer shall brief the congressional de14 fense committees on the findings of the Chief Information 

15 Officer with respect to the assessments conducted under 

16 subsection (a) and the recommendation submitted under 

17 subsection (b). 

18 SEC. 1620. MATTERS CONCERNING THE COLLEGE OF IN19 FORMATION AND CYBERSPACE AT NATIONAL 

20 DEFENSE UNIVERSITY. 

21 (a) PROHIBITION.—The Secretary of Defense may 

22 not eliminate, divest, downsize, or reorganize the College 

23 of Information and Cyberspace of the National Defense 

24 University, or seek to reduce the number of students edu25 cated at the College, until 30 days after the date on which 


pbinns on DSKJLVW7X2PROD with BILLS
877 

•S 4049 RS

1 the congressional defense committees receive the report re2 quired by subsection (c). 

3 (b) ASSESSMENT, DETERMINATION, AND REVIEW.— 

4 The Under Secretary of Defense for Policy, in consultation 

5 with the Under Secretary of Defense for Personnel and 

6 Readiness, the Principal Cyber Advisor, the Principal In7 formation Operations Advisor of the Department of De8 fense, the Chief Information Officer of the Department, 

9 the Chief Financial Officer of the Department, the Chair10 man of the Joint Chiefs of Staff, and the Commander of 

11 United States Cyber Command, shall— 

12 (1) assess requirements for joint professional 

13 military education and civilian leader education in 

14 the information environment and cyberspace domain 

15 to support the Department and other national secu16 rity institutions of the Federal Government; 

17 (2) determine whether the importance, chal18 lenges, and complexity of the modern information 

19 environment and cyberspace domain warrant— 

20 (A) a college at the National Defense Uni21 versity, or a college independent of the National 

22 Defense University whose leadership is respon23 sible to the Office of the Secretary of Defense; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
878 

•S 4049 RS

1 (B) the provision of resources, services, 

2 and capacity at levels that are the same as, or 

3 decreased or enhanced in comparison to, those 

4 resources, services, and capacity in place at the 

5 College of Information and Cyberspace on Jan6 uary 1, 2019; 

7 (3) review the plan proposed by the National 

8 Defense University for eliminating the College of In9 formation and Cyberspace and reducing and restruc10 turing the information and cyberspace faculty, 

11 course offerings, joint professional military education 

12 and degree and certificate programs, and other serv13 ices provided by the College; and 

14 (4) assess the changes made to the College of 

15 Information and Cyberspace since January 1, 2019, 

16 and the actions necessary to reverse those changes, 

17 including relocating the College and its associated 

18 budget, faculty, staff, students, and facilities outside 

19 of the National Defense University. 

20 (c) REPORT REQUIRED.—Not later than February 1, 

21 2021, the Secretary shall submit to the congressional de22 fense committees a report on— 

23 (1) the findings of the Secretary with respect to 

24 the assessments, determination, and review con25 ducted under subsection (b); and 


pbinns on DSKJLVW7X2PROD with BILLS
879 

•S 4049 RS

1 (2) such recommendations as the Secretary may 

2 have for higher education in the information envi3 ronment and cyberspace domain. 

4 SEC. 1621. MODIFICATION OF MISSION OF CYBER COM5 MAND AND ASSIGNMENT OF CYBER OPER6 ATIONS FORCES. 

7 Section 167b of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (a)— 

10 (A) in the first sentence, by inserting 

11 ‘‘(1)’’ before ‘‘With the advice’’; 

12 (B) in paragraph (1), as designated by 

13 subparagraph (A), by striking the second sen14 tence; and 

15 (C) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) The principal mission of the cyber command is 

18 to direct, synchronize, and coordinate cyber planning and 

19 operations to defend and advance national interests in col20 laboration with domestic and international partners.’’; and 

21 (2) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b) ASSIGNMENT OF FORCES.—(1) Active and re24 serve cyber forces of the armed forces shall be assigned 


pbinns on DSKJLVW7X2PROD with BILLS
880 

•S 4049 RS

1 to the cyber command through the Global Force Manage2 ment Process, as approved by the Secretary of Defense. 

3 ‘‘(2) Cyber forces not assigned to cyber command re4 main assigned to combatant commands or service-re5 tained.’’. 

6 SEC. 1622. INTEGRATION OF DEPARTMENT OF DEFENSE 

7 USER ACTIVITY MONITORING AND CYBERSE8 CURITY. 

9 (a) INTEGRATION OF PLANS, CAPABILITIES, AND

10 SYSTEMS.—The Secretary of Defense shall integrate the 

11 plans, capabilities, and systems for user activity moni12 toring, and the plans, capabilities, and systems for end13 point cybersecurity and the collection of metadata on net14 work activity for cybersecurity to enable mutual support 

15 and information sharing. 

16 (b) REQUIREMENTS.—In carrying out subsection (a), 

17 the Secretary shall— 

18 (1) consider using the Big Data Platform in19 stances that host cybersecurity metadata for storage 

20 and analysis of all user activity monitoring data col21 lected across the Department of Defense Informa22 tion Network at all security classification levels; 

23 (2) develop policies and procedures governing 

24 access to user activity monitoring data or data deVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
881 

•S 4049 RS

1 rived from user activity monitoring by cybersecurity 

2 operators; and 

3 (3) develop processes and capabilities for using 

4 metadata on host and network activity for user ac5 tivity monitoring in support of the insider threat 

6 mission. 

7 (c) CONGRESSIONAL BRIEFING.—Not later than Oc8 tober 1, 2021, the Secretary shall provide a briefing to 

9 the congressional defense committees on actions taken to 

10 carry out this section. 

11 SEC. 1623. DEFENSE INDUSTRIAL BASE CYBERSECURITY 

12 SENSOR ARCHITECTURE PLAN. 

13 (a) PLAN REQUIRED.—Not later than February 1, 

14 2021, the Principal Cyber Advisor of the Department of 

15 Defense, in consultation with the Chief Information Offi16 cer of the Department, the Under Secretary of Defense 

17 for Acquisition and Sustainment, the Under Secretary of 

18 Defense for Intelligence and Security, and the Commander 

19 of United States Cyber Command, shall develop a com20 prehensive plan for the deployment of commercial-off-the21 shelf solutions on supplier networks to monitor the public22 facing Internet attack surface in the defense industrial 

23 base. 

24 (b) CONTENTS.—The plan required by subsection (a) 

25 shall include the following: 


pbinns on DSKJLVW7X2PROD with BILLS
882 

•S 4049 RS

1 (1) Definition of an architecture, concept of op2 erations, and governance structure that— 

3 (A) will allow for the instrumentation and 

4 collection of cybersecurity data on the public5 facing Internet attack surfaces of defense in6 dustrial base contractors in a manner that is 

7 compatible with the Department’s existing or 

8 future capabilities for analysis, and instrumen9 tation and collection, as appropriate, of cyberse10 curity data within the Department of Defense 

11 Information Network; 

12 (B) includes the expected scale, schedule, 

13 and guiding principles of deployment; 

14 (C) is consistent with the defense indus15 trial base cybersecurity policies and programs 

16 of the Under Secretary of Defense for Acquisi17 tion and Sustainment and the Chief Informa18 tion Officer; and 

19 (D) includes an acquisition strategy for 

20 sensor capabilities that optimizes required capa21 bility, scalability, cost, and intelligence and cy22 bersecurity requirements. 

23 (2) Roles and responsibilities of the persons re24 ferred to in subsection (a) in implementing and exe25 cuting the plan. 


pbinns on DSKJLVW7X2PROD with BILLS
883 

•S 4049 RS

1 (c) CONSULTATION.—In developing the plan required 

2 by subsection (a), the Principal Cyber Advisor shall ensure 

3 that extensive consultation with representative companies 

4 of the defense industrial base occurs so as to ensure that 

5 prospective participants in the defense industrial base un6 derstand and agree that emerging solutions are accept7 able, practical, and effective. 

8 (d) BRIEFING.—Not later than March 1, 2021, the 

9 Principal Cyber Advisor shall provide a briefing to the 

10 Committee on Armed Services of the Senate and the Com11 mittee on Armed Services of the House of Representatives 

12 on the plan developed pursuant to subsection (a). 

13 SEC. 1624. EXTENSION OF CYBERSPACE SOLARIUM COM14 MISSION TO TRACK AND ASSESS IMPLEMEN15 TATION. 

16 Section 1652 of the John S. McCain National De17 fense Authorization Act for Fiscal Year 2019 (Public Law 

18 115–232), as amended by section 1639 of the National 

19 Defense Authorization Act for Fiscal Year 2020 (Public 

20 Law 116–92), is further amended— 

21 (1) in subsection (b)(1)(B)— 

22 (A) in clause (i), by striking ‘‘under 

23 clauses (iv) through (vii) of subparagraph (A)’’ 

24 and inserting ‘‘under clauses (v) through (viii) 

25 of subparagraph (A)’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
884 

•S 4049 RS

1 (B) by adding at the end the following new 

2 clause: 

3 ‘‘(iv) Effective on the date of the enact4 ment of the National Defense Authorization Act 

5 for Fiscal Year 2021, the composition of the 

6 Commission shall not include clauses (i) 

7 through (iv) of subparagraph (A).’’; 

8 (2) in subsection (d)(2), by striking ‘‘Seven 

9 members shall’’ and inserting ‘‘Seven members, dur10 ing the period beginning on the date of the establish11 ment of the Commission and ending on the day be12 fore the date of the enactment of the National De13 fense Authorization Act for Fiscal Year 2021, and 

14 six members, during the period beginning on the 

15 date of the enactment of such Act and ending on the 

16 date of the termination of the Commission, shall’’; 

17 (3) in subsection (i)(1)(B)— 

18 (A) by striking ‘‘Members of the Commis19 sion who’’ inserting ‘‘(i) During the period be20 ginning on the date of the establishment of the 

21 Commission and ending on the day before the 

22 date of the enactment of the National Defense 

23 Authorization Act for Fiscal Year 2021, mem24 bers of the Commission who’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
885 

•S 4049 RS

1 (B) by adding at the end the following new 

2 clause: 

3 ‘‘(ii) During the period beginning on the date of 

4 the enactment of such Act and ending on the date 

5 of the termination of the Commission, members of 

6 the Commission who are Members of Congress shall 

7 receive no additional pay by reason of their service 

8 on the Commission.’’; and 

9 (4) in subsection (k)(2)— 

10 (A) in subparagraph (A), by striking ‘‘120 

11 day period’’ and inserting ‘‘16 month period 

12 with no further extensions permitted’’; 

13 (B) by amending subparagraph (B) to read 

14 as follows: 

15 ‘‘(B) The Commission may use the 16 month 

16 period referred to in subparagraph (A) for the pur17 poses of— 

18 ‘‘(i) collecting and assessing comments and 

19 feedback from the Federal departments and 

20 agencies, as well as published reviews, on the 

21 analysis and recommendations contained in the 

22 final report under paragraph (1); 

23 ‘‘(ii) collecting and assessing any develop24 ments in cybersecurity that may affect the rec25 ommendations in such report; 


pbinns on DSKJLVW7X2PROD with BILLS
886 

•S 4049 RS

1 ‘‘(iii) reviewing the implementation of the 

2 recommendations contained in such report; and 

3 ‘‘(iv) revising or amending recommenda4 tions based on the assessments and reviews con5 ducted under clauses (i) through (iii); 

6 ‘‘(C) During the 16 month period referred to in 

7 subparagraph (A), the Commission shall— 

8 ‘‘(i) provide, in such manner and format as 

9 the Commission considers appropriate, an an10 nual update on such report and any revisions or 

11 amendments reached by the Commission under 

12 subparagraph (B)(iv) to— 

13 ‘‘(I) the Committee on Armed Serv14 ices, the Select Committee on Intelligence, 

15 and the Committee on Homeland Security 

16 and Governmental Affairs of the Senate; 

17 ‘‘(II) the Committee on Armed Serv18 ices, the Permanent Select Committee on 

19 Intelligence, and the Committee on Home20 land Security of the House of Representa21 tives; 

22 ‘‘(III) the Director of National Intel23 ligence; 

24 ‘‘(IV) the Secretary of Defense; and 


pbinns on DSKJLVW7X2PROD with BILLS
887 

•S 4049 RS

1 ‘‘(V) the Secretary of Homeland Secu2 rity; and 

3 ‘‘(ii) conclude its activities, including pro4 viding testimony to Congress concerning the 

5 final report under paragraph (1) and dissemi6 nating such report.’’; and 

7 (C) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(D) In the event that the Commission is ex10 tended, and the effective date of the extension comes 

11 after the time set for the Commission’s termination, 

12 the Commission shall be deemed reconstituted with 

13 the same members and powers that existed at the 

14 time of termination of the Commission, except 

15 that— 

16 ‘‘(i) a member of the Commission shall 

17 only serve if the member’s position continues to 

18 be authorized under subsection (b); 

19 ‘‘(ii) no compensation or entitlements re20 lating to a person’s status with the Commission 

21 shall be due for the period between the termi22 nation and reconstitution of the Commission; 

23 ‘‘(iii) nothing in this paragraph shall be 

24 deemed as requiring the extension or reemployVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
888 

•S 4049 RS

1 ment of any staff member or contractor work2 ing for the Commission; 

3 ‘‘(iv) the staff of the commission— 

4 ‘‘(I) shall be selected by the co-chairs 

5 of the Commission in accordance with sub6 section (h)(1); 

7 ‘‘(II) shall be comprised of not more 

8 than four individuals, including a staff di9 rector; 

10 ‘‘(III) shall be resourced in accord11 ance with subsection (g)(4)(A); and 

12 ‘‘(IV) with the approval of the co13 chairs, may be provided by contract with a 

14 nongovernmental organization; 

15 ‘‘(v) any unexpended funds made available 

16 for the use of the Commission shall continue to 

17 be available for use for the life of the Commis18 sion, as well as any additional funds appro19 priated to the Department of Defense that are 

20 made available to the Commission, provided 

21 that the total such funds does not exceed 

22 $1,000,000 from the reconstitution of the Com23 mission to the completion of the Commission; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
889 

•S 4049 RS

1 ‘‘(vi) the requirement for an annual assess2 ment of the final report in subsection (l) shall 

3 be in effect until the termination of the Com4 mission.’’. 

5 SEC. 1625. REVIEW OF REGULATIONS AND PROMULGATION 

6 OF GUIDANCE RELATING TO NATIONAL 

7 GUARD RESPONSES TO CYBER ATTACKS. 

8 (a) IN GENERAL.—Not later than December 31, 

9 2021, the Secretary of Defense, in coordination with the 

10 Secretary of Homeland Security, shall— 

11 (1) review and, if the Secretary determines nec12 essary, update regulations promulgated under sec13 tion 903 of title 32, United States Code, to clarify 

14 when and under what conditions the participation of 

15 the National Guard in a response to a cyber attack 

16 qualifies as a homeland defense activity that would 

17 be compensated for by the Secretary of Defense 

18 under section 902 of such title; and 

19 (2) promulgate guidance on how units of the 

20 National Guard shall collaborate with the Cybersecu21 rity and Infrastructure Security Agency and the 

22 Federal Bureau of Investigation through multi-agen23 cy task forces, information-sharing groups, incident 

24 response planning and exercises, State fusion cen25 ters, and other relevant forums and activities. 


pbinns on DSKJLVW7X2PROD with BILLS
890 

•S 4049 RS

1 (b) ANNEX OF NATIONAL CYBER INCIDENT RE2 SPONSE PLAN.—Not later than December 31, 2021, the 

3 Secretary of Homeland Security, in coordination with the 

4 Secretary of Defense, shall develop an annex to the Na5 tional Cyber Incident Response Plan that details those 

6 regulations and guidance reviewed, updated, and promul7 gated under paragraphs (1) and (2) of subsection (a). 

8 SEC. 1626. IMPROVEMENTS RELATING TO THE QUADREN9 NIAL CYBER POSTURE REVIEW. 

10 Section 1644(c) of the National Defense Authoriza11 tion Act for Fiscal Year 2018 (Public Law 115–91), as 

12 amended by section 1635 of the National Defense Author13 ization Act for Fiscal Year 2020 (Public Law 116–92), 

14 is further amended— 

15 (1) by amending paragraph (1) to read as fol16 lows: 

17 ‘‘(1) The assessment and definition of the role 

18 of cyber forces in the national defense and military 

19 strategies of the United States.’’; 

20 (2) by amending paragraph (2) to read as fol21 lows: 

22 ‘‘(2) Review of the following: 

23 ‘‘(A) The role of cyber operations in com24 batant commander warfighting plans. 


pbinns on DSKJLVW7X2PROD with BILLS
891 

•S 4049 RS

1 ‘‘(B) The ability of combatant commanders 

2 to respond to adversary cyber attacks. 

3 ‘‘(C) The cyber capacity-building programs 

4 of the Department.’’; 

5 (3) by amending paragraph (3) to read as fol6 lows: 

7 ‘‘(3) A review of the law, policies, and authori8 ties relating to, and necessary for, the United States 

9 to maintain a safe, reliable, and credible cyber pos10 ture for defending against and responding to cyber 

11 attacks and for deterrence in cyberspace, including 

12 the following: 

13 ‘‘(A) An assessment of the need for further 

14 delegation of cyber-related authorities, including 

15 those germane to information warfare, to the 

16 Commander of United States Cyber Command. 

17 ‘‘(B) An evaluation of the adequacy of mis18 sion authorities for all cyber-related military 

19 components, defense agencies, directorates, cen20 ters, and commands.’’; 

21 (4) in paragraph (4), by striking ‘‘A declara22 tory’’ and inserting ‘‘A review of the need for or for 

23 updates to a declaratory’’; 

24 (5) in paragraph (5), by striking ‘‘Proposed’’ 

25 and inserting ‘‘A review of’’; 


pbinns on DSKJLVW7X2PROD with BILLS
892 

•S 4049 RS

1 (6) by amending paragraph (6) to read as fol2 lows: 

3 ‘‘(6) A review of a strategy to deter, degrade, 

4 or defeat malicious cyber activity targeting the 

5 United States (which may include activities, capa6 bility development, and operations other than cyber 

7 activities, cyber capability development, and cyber 

8 operations), including— 

9 ‘‘(A) a review and assessment of various 

10 approaches to competition and deterrence in 

11 cyberspace, determined in consultation with ex12 perts from Government, academia, and indus13 try; 

14 ‘‘(B) a comparison of the strengths and 

15 weaknesses of the approaches identified pursu16 ant to subparagraph (A) relative to the threat 

17 of each other; and 

18 ‘‘(C) an assessment as to how the cyber 

19 strategy will inform country-specific campaign 

20 plans focused on key leadership of Russia, 

21 China, Iran, North Korea, and any other coun22 try the Secretary considers appropriate.’’; 

23 (7) by striking paragraph (8) and inserting the 

24 following new paragraph (8): 


pbinns on DSKJLVW7X2PROD with BILLS
893 

•S 4049 RS

1 ‘‘(8) A comprehensive force structure assess2 ment of the Cyber Operations Forces of the Depart3 ment for the posture review period, including the fol4 lowing: 

5 ‘‘(A) A determination of the appropriate 

6 size and composition of the Cyber Mission 

7 Forces to accomplish the mission requirements 

8 of the Department. 

9 ‘‘(B) An assessment of the Cyber Mission 

10 Forces’ personnel, capabilities, equipment, 

11 funding, operational concepts, and ability to 

12 execute cyber operations in a timely fashion. 

13 ‘‘(C) An assessment of the personnel, capa14 bilities, equipment, funding, and operational 

15 concepts of Cybersecurity Service Providers and 

16 other elements of the Cyber Operations 

17 Forces.’’; 

18 (8) by redesignating paragraphs (9) through 

19 (11) as subsections (12) through (15), respectively; 

20 and 

21 (9) by inserting after paragraph (8), the fol22 lowing new paragraphs: 

23 ‘‘(9) An assessment of whether the Cyber Mis24 sion Force has the appropriate level of interoperVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
894 

•S 4049 RS

1 ability, integration, and interdependence with special 

2 operations and conventional forces. 

3 ‘‘(10) An evaluation of the adequacy of mission 

4 authorities for the Joint Force Provider and Joint 

5 Force Trainer responsibilities of United States 

6 Cyber Command, including the adequacy of the 

7 units designated as Cyber Operations Forces to sup8 port such responsibilities. 

9 ‘‘(11) An assessment of the missions and 

10 resourcing of the combat support agencies in sup11 port of cyber missions of the Department.’’. 

12 SEC. 1627. REPORT ON ENABLING UNITED STATES CYBER 

13 COMMAND RESOURCE ALLOCATION. 

14 (a) IN GENERAL.—Not later than January 15, 2021, 

15 the Secretary of Defense shall submit to the congressional 

16 defense committees a report detailing the actions the Sec17 retary will undertake to implement clauses (ii) and (iii) 

18 of section 167b(d)(2) of title 10, United States Code, in19 cluding actions to ensure that the Commander of United 

20 States Cyber Command has enhanced authority, direction, 

21 and control of the Cyber Operations Forces and the equip22 ment budget that enables Cyber Operations Forces’ oper23 ations and readiness, beginning with the budget to be sub24 mitted to Congress by the President under section 1105(a) 

25 of title 31, United States Code, for fiscal year 2024, and 


pbinns on DSKJLVW7X2PROD with BILLS
895 

•S 4049 RS

1 the budget justification materials for the Department of 

2 Defense to be submitted to Congress in support of such 

3 budget. 

4 (b) ELEMENTS.—The report required by subsection 

5 (a) shall address the following items: 

6 (1) The procedures by which the Principal 

7 Cyber Advisor (PCA) will exercise authority, direc8 tion, and oversight over the Commander of United 

9 States Cyber Command, with respect to Cyber Oper10 ations Forces-peculiar equipment and resources. 

11 (2) The procedures by which the Commander of 

12 United States Cyber Command will— 

13 (A) prepare and submit to the Secretary 

14 program recommendations and budget pro15 posals for Cyber Operations Forces and for 

16 other forces assigned to the Cyber Command; 

17 and 

18 (B) exercise authority, direction, and con19 trol over the expenditure of funds for— 

20 (i) forces assigned to United States 

21 Cyber Command; and 

22 (ii) Cyber Operations Forces assigned 

23 to other unified combatant commands. 

24 (3) Recommendations for actions to enable the 

25 Commander of United States Cyber Command to 


pbinns on DSKJLVW7X2PROD with BILLS
896 

•S 4049 RS

1 execute the budget and acquisition responsibilities of 

2 the Commander in excess of currently imposed limits 

3 on the Cyber Operations Procurement Fund, includ4 ing potential increases in personnel to support the 

5 Commander. 

6 (4) The procedures by which the Secretary will 

7 categorize and track funding obligated or expended 

8 for Cyber Operations Forces-peculiar equipment and 

9 capabilities. 

10 (5) The methodology and criteria by which the 

11 Secretary will characterize equipment as being Cyber 

12 Operations Forces-peculiar. 

13 SEC. 1628. EVALUATION OF OPTIONS FOR ESTABLISHING A 

14 CYBER RESERVE FORCE. 

15 (a) EVALUATION REQUIRED.—Not later than Decem16 ber 31, 2021, the Secretary of Defense shall conduct an 

17 evaluation of options for establishing a cyber reserve force. 

18 (b) ELEMENTS.—The evaluation conducted under 

19 subsection (a) shall include assessment of the following: 

20 (1) The capabilities and deficiencies in military 

21 and civilian personnel with needed cybersecurity ex22 pertise, and the quantity of personnel with such ex23 pertise, within the Department. 


pbinns on DSKJLVW7X2PROD with BILLS
897 

•S 4049 RS

1 (2) The potential for a uniformed, civilian, or 

2 mixed cyber reserve force to remedy shortfalls in ex3 pertise and capacity. 

4 (3) The ability of the Department to attract the 

5 personnel with the desired expertise to either a uni6 formed or civilian cyber reserve force. 

7 (4) The number of personnel, the level of fund8 ing, and the composition of a cyber reserve force 

9 that would be required to meet the needs of the De10 partment. 

11 (5) Alternative models for establishing a cyber 

12 reserve force, including the following: 

13 (A) A traditional uniformed military re14 serve component. 

15 (B) A nontraditional uniformed military 

16 reserve component, with respect to drilling and 

17 other requirements such as grooming and phys18 ical fitness. 

19 (C) Nontraditional civilian cyber reserve 

20 options. 

21 (6) The impact a uniformed military cyber re22 serve would have on active duty and existing reserve 

23 forces, including the following: 

24 (A) Recruiting. 

25 (B) Promotion. 


pbinns on DSKJLVW7X2PROD with BILLS
898 

•S 4049 RS

1 (C) Retention. 

2 (7) The effect a civilian cyber reserve would 

3 have on active duty and existing reserve forces, and 

4 the private sector. 

5 (c) REPORT.—Not later than February 1, 2022, the 

6 Secretary shall submit to the congressional defense com7 mittees a report on the evaluation conducted under sub8 section (a). 

9 SEC. 1629. ENSURING CYBER RESILIENCY OF NUCLEAR 

10 COMMAND AND CONTROL SYSTEM. 

11 (a) PLAN FOR IMPLEMENTATION OF FINDINGS AND

12 RECOMMENDATIONS FROM FIRST ANNUAL ASSESSMENT

13 OF CYBER RESILIENCY OF NUCLEAR COMMAND AND

14 CONTROL SYSTEM.—Not later than October 1, 2021, the 

15 Secretary of Defense shall submit to the congressional de16 fense committees a comprehensive plan, including a sched17 ule and resourcing plan, for the implementation of the 

18 findings and recommendations included in the first report 

19 submitted under section 499(c)(3) of title 10, United 

20 States Code. 

21 (b) CONCEPT OF OPERATIONS AND OVERSIGHT

22 MECHANISM FOR CYBER DEFENSE OF NUCLEAR COM23 MAND AND CONTROL SYSTEM.—Not later than October 

24 1, 2021, the Secretary shall develop and establish— 


pbinns on DSKJLVW7X2PROD with BILLS
899 

•S 4049 RS

1 (1) a concept of operations for defending the 

2 nuclear command and control system against cyber 

3 attacks, including specification of the— 

4 (A) roles and responsibilities of relevant 

5 entities within the Office of the Secretary, the 

6 military services, combatant commands, the De7 fense Agencies, and the Department of Defense 

8 Field Activities; and 

9 (B) cybersecurity capabilities to be ac10 quired and employed and operational tactics, 

11 techniques, and procedures, including cyber 

12 protection team and sensor deployment strate13 gies, to be used to monitor, defend, and miti14 gate vulnerabilities in nuclear command and 

15 control systems; and 

16 (2) an oversight mechanism or governance 

17 model for overseeing the implementation of the con18 cept of operations developed and established under 

19 paragraph (1), related development, systems engi20 neering, and acquisition activities and programs, and 

21 the plan required by subsection (a), including speci22 fication of the— 

23 (A) roles and responsibilities of relevant 

24 entities within the Office of the Secretary, the 

25 military services, combatant commands, the DeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
900 

•S 4049 RS

1 fense Agencies, and the Department of Defense 

2 Field Activities in overseeing the defense of the 

3 nuclear command and control system against 

4 cyber attacks; 

5 (B) responsibilities and authorities of the 

6 Strategic Cybersecurity Program in overseeing 

7 and, as appropriate, executing— 

8 (i) vulnerability assessments; and 

9 (ii) development, systems engineering, 

10 and acquisition activities; and 

11 (C) processes for coordination of activities, 

12 policies, and programs relating to the cyberse13 curity and defense of the nuclear command and 

14 control system. 

15 SEC. 1630. MODIFICATION OF REQUIREMENTS RELATING 

16 TO THE STRATEGIC CYBERSECURITY PRO17 GRAM AND THE EVALUATION OF CYBER 

18 VULNERABILITIES OF MAJOR WEAPON SYS19 TEMS OF THE DEPARTMENT OF DEFENSE. 

20 (a) EVALUATION OF CYBER VULNERABILITIES OF

21 MAJOR WEAPON SYSTEMS OF THE DEPARTMENT OF DE22 FENSE.— 

23 (1) IN GENERAL.—Section 1647 of the Na24 tional Defense Authorization Act for Fiscal Year 

25 2016 (Public Law 114–92), as amended by section 


pbinns on DSKJLVW7X2PROD with BILLS
901 

•S 4049 RS

1 1633 of the National Defense Authorization Act for 

2 Fiscal Year 2020 (Public Law 116–92), is further 

3 amended by adding at the end the following new 

4 subsection: 

5 ‘‘(i) ESTABLISHING REQUIREMENTS FOR PERIO6 DICITY OF VULNERABILITY REVIEWS.—The Secretary of 

7 Defense shall establish policies and requirements for each 

8 major weapon system, and the priority critical infrastruc9 ture essential to the proper functioning of major weapon 

10 systems in broader mission areas, to be re-assessed for 

11 cyber vulnerabilities, taking into account upgrades or 

12 other modifications to systems and changes in the threat. 

13 ‘‘(j) IDENTIFICATION OF SENIOR OFFICIAL.—Each 

14 secretary of a military department shall identify a senior 

15 official who shall be responsible for ensuring that cyber 

16 vulnerability assessments and mitigations for weapon sys17 tems and critical infrastructure are planned, funded, and 

18 carried out.’’. 

19 (2) TECHNICAL CORRECTION.—Such section 

20 1647 of the National Defense Authorization Act for 

21 Fiscal Year 2016 is further amended— 

22 (A) by redesignating subsection (g) as sub23 section (h); and 

24 (B) by redesignating the second subsection 

25 (f), as added by section 1633 of the National 


pbinns on DSKJLVW7X2PROD with BILLS
902 

•S 4049 RS

1 Defense Authorization Act for Fiscal Year 

2 2020, as subsection (g). 

3 (b) STRATEGIC CYBERSECURITY PROGRAM.—Section 

4 1640 of the National Defense Authorization Act for Fiscal 

5 Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note), 

6 is amended by striking subsections (a) through (e) and 

7 inserting the following new subsections: 

8 ‘‘(a) IN GENERAL.—Not later than August 1, 2021, 

9 the Secretary of Defense shall, acting through the Direc10 tor of the National Security Agency and in coordination 

11 with the Vice Chairman of the Joint Chiefs of Staff, estab12 lish a program to be known as the ‘Strategic Cybersecurity 

13 Program’ (in this section referred to as the ‘Program’). 

14 ‘‘(b) ELEMENTS.— 

15 ‘‘(1) IN GENERAL.—The Program shall be com16 prised of personnel assigned to the Program by the 

17 Secretary from among personnel, including regular 

18 and reserve members of the Armed Forces, civilian 

19 employees of the Department of Defense (including 

20 the Defense intelligence agencies), and personnel of 

21 the research laboratories of the Department of De22 fense and the Department of Energy, who have par23 ticular expertise in the areas of responsibility de24 scribed in subsection (c). 


pbinns on DSKJLVW7X2PROD with BILLS
903 

•S 4049 RS

1 ‘‘(2) DEPARTMENT OF ENERGY PERSONNEL.— 

2 Any personnel assigned to the Program from among 

3 personnel of the Department of Energy shall be so 

4 assigned with the concurrence of the Secretary of 

5 Energy. 

6 ‘‘(3) PROGRAM MANAGER.—The Secretary of 

7 Defense shall designate a manager for the Program 

8 (in this section referred to as the ‘Program man9 ager’). 

10 ‘‘(c) RESPONSIBILITIES.— 

11 ‘‘(1) IN GENERAL.—The Program manager and 

12 the personnel assigned to the Program shall improve 

13 the end-to-end cybersecurity of all of the systems, 

14 critical infrastructure, kill chains, and processes that 

15 make up the following military missions of the De16 partment of Defense: 

17 ‘‘(A) Nuclear deterrence and strike. 

18 ‘‘(B) Select long-range conventional strike 

19 missions germane to the warfighting plans of 

20 United States European Command and United 

21 States Indo-Pacific Command. 

22 ‘‘(C) Offensive cyber operations. 

23 ‘‘(D) Homeland missile defense. 

24 ‘‘(2) ASSESSING AND REMEDIATING

25 VULNERABILITIES IN MISSION EXECUTION.—In carVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
904 

•S 4049 RS

1 rying out the activities described in paragraph (1), 

2 the Program manager shall conduct end-to-end vul3 nerability assessments and undertake or oversee re4 mediation of identified vulnerabilities in the systems 

5 and processes on which the successful execution of 

6 the missions delineated in paragraph (1) depend. 

7 ‘‘(3) ACQUISITION AND SYSTEMS ENGINEERING

8 REVIEW.—In carrying out paragraph (1), the Pro9 gram manager shall conduct appropriate reviews of 

10 acquisition and systems engineering plans for pro11 posed systems and infrastructure. The review of an 

12 acquisition plan for any proposed system or infra13 structure shall be carried out before Milestone B ap14 proval for such system or infrastructure. 

15 ‘‘(d) INTEGRATION WITH OTHER EFFORTS.—The 

16 Secretary shall ensure that the Program builds upon, and 

17 does not duplicate, other efforts of the Department of De18 fense relating to cybersecurity, including the following: 

19 ‘‘(1) The evaluation of cyber vulnerabilities of 

20 major weapon systems of the Department of Defense 

21 required under section 1647 of the National Defense 

22 Authorization Act for Fiscal Year 2016 (Public Law 

23 114–92). 

24 ‘‘(2) The evaluation of cyber vulnerabilities of 

25 Department of Defense critical infrastructure reVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
905 

•S 4049 RS

1 quired under section 1650 of the National Defense 

2 Authorization Act for Fiscal year 2017 (Public Law 

3 114–328; 10 U.S.C. 2224 note). 

4 ‘‘(3) The activities of the cyber protection 

5 teams of the Department of Defense. 

6 ‘‘(e) MISSION DEFINITION.—The Vice Chairman of 

7 the Joint Chiefs of Staff shall coordinate with the Director 

8 of the National Security Agency and the commanders of 

9 the unified combatant commands to define the elements 

10 of the missions that will be included in the Program, and 

11 shall be responsible for updating those definitions as nec12 essary. 

13 ‘‘(f) BRIEFING.—Not later than December 1, 2021, 

14 the Secretary of Defense shall provide a briefing to the 

15 congressional defense committees on the establishment of 

16 the Program, and the plans, funding, and staffing of the 

17 Program.’’. 

18 SEC. 1631. DEFENSE INDUSTRIAL BASE PARTICIPATION IN 

19 A CYBERSECURITY THREAT INTELLIGENCE 

20 SHARING PROGRAM. 

21 (a) DEFENSE INDUSTRIAL BASE THREAT INTEL22 LIGENCE PROGRAM.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 shall establish a threat intelligence sharing program 


pbinns on DSKJLVW7X2PROD with BILLS
906 

•S 4049 RS

1 to share threat intelligence with, and obtain threat 

2 intelligence from, the defense industrial base. 

3 (2) PROGRAM REQUIREMENTS.—At a minimum, 

4 the Secretary shall ensure that the program estab5 lished pursuant to paragraph (1) includes the fol6 lowing: 

7 (A) Cybersecurity incident reporting re8 quirements applicable to the defense industrial 

9 base that— 

10 (i) extend beyond mandatory incident 

11 reporting requirements in effect on the day 

12 before the date of the enactment of this 

13 Act; 

14 (ii) set specific timeframes for all cat15 egories of incident reporting; 

16 (iii) establishes a single clearinghouse 

17 for all mandatory incident reporting to the 

18 Department of Defense, including incidents 

19 involving covered unclassified information, 

20 and classified information; and 

21 (iv) provide that, unless authorized or 

22 required by another provision of law or the 

23 element of the defense industrial base 

24 making the report consents, nonpublic in25 formation of which the Department beVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
907 

•S 4049 RS

1 comes aware only because of a report pro2 vided pursuant to the program shall be dis3 seminated and used only for a cybersecu4 rity purpose, as defined in section 102 of 

5 the Cybersecurity Information Sharing Act 

6 of 2015 (6 U.S.C. 1501). 

7 (B) A mechanism for developing a shared 

8 and real-time picture of the threat environment. 

9 (C) Joint, collaborative, and co-located 

10 analytics. 

11 (D) Investments in technology and capa12 bilities to support automated detection and 

13 analysis across the defense industrial base. 

14 (E) Coordinated intelligence tipping, shar15 ing, and deconfliction, as necessary, with rel16 evant government agencies with similar intel17 ligence sharing programs. 

18 (b) THREAT INTELLIGENCE PROGRAM PARTICIPA19 TION.— 

20 (1) PROCUREMENT.—The Secretary either may 

21 require or shall encourage and provide incentive for 

22 companies to participate in the threat intelligence 

23 sharing program required by subsection (a). 

24 (2) IMPLEMENTATION.—In implementing para25 graph (1), the Secretary shall— 


pbinns on DSKJLVW7X2PROD with BILLS
908 

•S 4049 RS

1 (A) create tiers of requirements for partici2 pation within the program based on— 

3 (i) the role of and relative threats re4 lated to entities within the defense indus5 trial base; and 

6 (ii) Cybersecurity Maturity Model 

7 Certification level; and 

8 (B) prioritize available funding and tech9 nical support to assist affected businesses, insti10 tutions, and organizations as is reasonably nec11 essary for those affected entities to commence 

12 participation in the threat intelligence sharing 

13 program and to meet any applicable program 

14 requirements. 

15 (c) EXISTING INFORMATION SHARING PROGRAMS.— 

16 The Secretary may utilize an existing Department infor17 mation sharing program to satisfy the requirement in sub18 section (a) if— 

19 (1) the existing program includes, or is modi20 fied to include, two-way sharing of threat informa21 tion that is specifically relevant to the defense indus22 trial base; and 

23 (2) such a program is coordinated with other 

24 government agencies with existing intelligence shar25 ing programs where overlap occurs. 


pbinns on DSKJLVW7X2PROD with BILLS
909 

•S 4049 RS

1 (d) REGULATIONS.— 

2 (1) RULEMAKING AUTHORITY.—Not later than 

3 December 15, 2021, the Secretary shall promulgate 

4 such rules and regulations as are necessary to carry 

5 out this section. 

6 (2) CYBERSECURITY MATURITY MODEL CER7 TIFICATION PROGRAM HARMONIZATION.—The Sec8 retary shall ensure that any intelligence sharing re9 quirements set forth in the rules and regulations 

10 promulgated pursuant to paragraph (1) consider an 

11 entity’s maturity and role within the defense indus12 trial base, consistent with the maturity certification 

13 levels established in the Cybersecurity Maturity 

14 Model Certification program of the Department. 

15 (e) COMMUNITY CONSENT.— 

16 (1) IN GENERAL.—As part of the program es17 tablished pursuant to subsection (a), the Secretary 

18 either may require through contractual mechanisms 

19 or shall encourage entities in the defense industrial 

20 base to consent to queries of foreign intelligence col21 lection databases related to the entities, provided 

22 that intelligence information provided to companies 

23 is handled in a manner that protects sources and 

24 methods. 


pbinns on DSKJLVW7X2PROD with BILLS
910 

•S 4049 RS

1 (2) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection shall be construed to require that the ele3 ments of the intelligence community conduct queries 

4 on defense industrial base companies to detect cyber5 security threats to such companies or to require that 

6 information resulting from such queries be provided 

7 to such companies. 

8 (f) REPORT REQUIRED.—Not later than March 1, 

9 2022, the Secretary shall submit to the congressional de10 fense committees a report that includes a description of— 

11 (1) mandatory requirements levied on defense 

12 industrial base entities regarding cyber incidents; 

13 (2) Department procedures for ensuring the 

14 confidentiality and security of data provided by such 

15 entities to the Department on either a voluntary or 

16 mandatory basis; and 

17 (3) any other matters regarding the program 

18 established under subsection (a) the Secretary con19 siders significant. 

20 (g) DEFINITIONS.—In this section: 

21 (1) The term ‘‘defense industrial base’’ means 

22 the Department of Defense, Federal Government, 

23 and private sector worldwide industrial complex with 

24 capabilities to perform research and development, 

25 design, produce, and maintain military weapon sysVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
911 

•S 4049 RS

1 tems, subsystems, components, or parts to satisfy 

2 military requirements. 

3 (2) The term ‘‘intelligence community’’ has the 

4 meaning given such term in section 3 of the Na5 tional Security Act of 1947 (50 U.S.C. 3003). 

6 (3) The term ‘‘threat intelligence’’ means cyber7 security information collected and shared amongst 

8 the defense industrial base. 

9 SEC. 1632. ASSESSMENT ON DEFENSE INDUSTRIAL BASE 

10 CYBERSECURITY THREAT HUNTING. 

11 (a) ASSESSMENT REQUIRED.—Not later than De12 cember 1, 2021, the Secretary of Defense shall complete 

13 an assessment of— 

14 (1) the adequacy of the threat hunting elements 

15 of the compliance-based Cybersecurity Maturity 

16 Model Certification program of the Department of 

17 Defense; and 

18 (2) the need for continuous threat hunting op19 erations on defense industrial base networks con20 ducted by the Department of Defense, prime con21 tractors, or third-party cybersecurity vendors. 

22 (b) ELEMENTS.—The assessment completed under 

23 section (a) shall include evaluation of the following: 

24 (1) The adequacy of the requirements at each 

25 level of the Cybersecurity Maturity Model CertifiVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
912 

•S 4049 RS

1 cation, including requirements germane to contin2 uous monitoring, discovery, and investigation of 

3 anomalous activity indicative of a cybersecurity inci4 dent. 

5 (2) The need for the establishment of a contin6 uous threat-hunting operational model, as a supple7 ment to the cyber hygiene requirements of the Cy8 bersecurity Maturity Model Certification, in which 

9 network activity is comprehensively and continuously 

10 monitored for signs of compromise. 

11 (3) Whether the continuous threat-hunting op12 erations described in paragraph (2) should be con13 ducted by— 

14 (A) United States Cyber Command; 

15 (B) a component of the Department of De16 fense other than United States Cyber Com17 mand; 

18 (C) qualified prime contractors or sub19 contractors; 

20 (D) accredited third-party cybersecurity 

21 vendors; or 

22 (E) a combination of the entities specified 

23 in subparagraphs (A) through (D). 

24 (4) Criteria for the prime contractors and sub25 contractors that should be subject to continuous 


pbinns on DSKJLVW7X2PROD with BILLS
913 

•S 4049 RS

1 threat-hunting operations as described in paragraph 

2 (2). 

3 (c) BRIEFING.—Not later than February 1, 2022, the 

4 Secretary of Defense shall provide a briefing to the Com5 mittee on Armed Services of the Senate and the Com6 mittee on Armed Services of the House of Representatives 

7 on— 

8 (1) the findings of the Secretary with respect to 

9 the assessment completed under subsection (a); and 

10 (2) such implementation plans as the Secretary 

11 may have arising out of the findings described in 

12 paragraph (1). 

13 SEC. 1633. ASSESSING RISK TO NATIONAL SECURITY OF 

14 QUANTUM COMPUTING. 

15 (a) COMPREHENSIVE ASSESSMENT AND REC16 OMMENDATIONS REQUIRED.—Not later than December 

17 31, 2022, the Secretary of Defense shall— 

18 (1) complete a comprehensive assessment of the 

19 current and potential threats and risks posed by 

20 quantum computing technologies to critical national 

21 security systems, including— 

22 (A) identification and prioritization of crit23 ical national security systems at risk; 

24 (B) assessment of the standards of the Na25 tional Institute of Standards and Technology 


pbinns on DSKJLVW7X2PROD with BILLS
914 

•S 4049 RS

1 for quantum resistant cryptography and their 

2 applicability to cryptographic requirements of 

3 the Department of Defense; 

4 (C) feasibility of alternative quantum re5 sistant algorithms and features; and 

6 (D) funding shortfalls in public and private 

7 developmental efforts relating to quantum re8 sistant cryptography; and 

9 (2) develop recommendations for research, de10 velopment, and acquisition activities, including 

11 resourcing schedules, for securing the national secu12 rity systems identified in paragraph (1)(A) against 

13 quantum computing code-breaking capabilities. 

14 (b) BRIEFING.—Not later than February 1, 2023, 

15 the Secretary shall brief the congressional defense commit16 tees on the assessment completed under paragraph (1) of 

17 subsection (a) and the recommendations developed under 

18 paragraph (2) of such subsection. 

19 SEC. 1634. APPLICABILITY OF REORIENTATION OF BIG 

20 DATA PLATFORM PROGRAM TO DEPARTMENT 

21 OF NAVY. 

22 (a) IN GENERAL.—Section 1651 of the National De23 fense Authorization Act for Fiscal Year 2020 (Public Law 

24 116–92) is amended by adding at the end the following 

25 new subsection: 


pbinns on DSKJLVW7X2PROD with BILLS
915 

•S 4049 RS

1 ‘‘(e) APPLICABILITY.—The requirements of this sec2 tion shall apply in full to the Department of the Navy, 

3 including the Sharkcage and associated programs.’’. 

4 (b) BRIEFING.—Not later than January 1, 2021, the 

5 Secretary of the Navy, the program manager of the Uni6 fied Platform program, the Chief Information Officer, and 

7 the Principal Cyber Advisor shall jointly brief the congres8 sional defense committees on the compliance of the De9 partment of the Navy with the requirements of such sec10 tion, as amended by paragraph (1). 

11 SEC. 1635. EXPANSION OF AUTHORITY FOR ACCESS AND IN12 FORMATION RELATING TO CYBER ATTACKS 

13 ON OPERATIONALLY CRITICAL CONTRAC14 TORS OF THE ARMED FORCES. 

15 Section 391(c) of title 10, United States Code, is 

16 amended— 

17 (1) by amending paragraph (3) to read as fol18 lows: 

19 ‘‘(3) ARMED FORCES ASSISTANCE AND ACCESS

20 TO EQUIPMENT AND INFORMATION BY MEMBERS OF

21 THE ARMED FORCES.—The procedures established 

22 pursuant to subsection (a) shall— 

23 ‘‘(A) include mechanisms for a member of 

24 the armed forces— 


pbinns on DSKJLVW7X2PROD with BILLS
916 

•S 4049 RS

1 ‘‘(i) if requested by an operationally 

2 critical contractor, to assist the contractor 

3 in detecting and mitigating penetrations; 

4 or 

5 ‘‘(ii) at the request of the Secretary of 

6 Defense or the Commandant of the Coast 

7 Guard, to obtain access to equipment or 

8 information of an operationally critical 

9 contractor necessary to conduct a forensic 

10 analysis, in addition to any analysis con11 ducted by the contractor; and 

12 ‘‘(B) provide that an operationally critical 

13 contractor is only required to provide access to 

14 equipment or information as described in sub15 paragraph (A) to determine whether— 

16 ‘‘(i) information created by or for the 

17 armed forces in connection with any pro18 gram of the armed forces was successfully 

19 exfiltrated from or compromised on a net20 work or information system of such con21 tractor and, if so, what information was 

22 exfiltrated or compromised; or 

23 ‘‘(ii) the ability of the contractor to 

24 provide operationally critical support has 


pbinns on DSKJLVW7X2PROD with BILLS
917 

•S 4049 RS

1 been affected and, if so, how and to what 

2 extent it has been affected.’’; 

3 (2) in paragraph (4), by inserting ‘‘, so as to 

4 minimize delays in or any curtailing of the cyber re5 sponse or defensive actions of the Department or the 

6 Coast Guard’’ after ‘‘specific person’’; and 

7 (3) in paragraph (5)(C), by inserting ‘‘or coun8 terintelligence activities’’ after ‘‘investigations’’. 

9 SEC. 1636. REQUIREMENTS FOR REVIEW OF AND LIMITA10 TIONS ON THE JOINT REGIONAL SECURITY 

11 STACKS ACTIVITY. 

12 (a) BASELINE REVIEW.—Not later than October 1, 

13 2021, the Secretary of Defense shall undertake a baseline 

14 review of the Joint Regional Security Stacks (JRSS) to 

15 determine whether the activity— 

16 (1) should proceed as a program of record, with 

17 modifications as specified in section (b), for exclu18 sively the Non-Classified Internet Protocol Network 

19 (NIPRNET) or for such network and the Secret 

20 Internet Protocol Network (SIPRNET); or 

21 (2) should be phased out across the Depart22 ment of Defense with each of the Joint Regional Se23 curity Stacks replaced through the institution of 

24 cost-effective and capable networking and cybersecu25 rity technologies, architectures, and operational conVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
918 

•S 4049 RS

1 cepts within five years of the date of the enactment 

2 of this Act. 

3 (b) PLAN TO TRANSITION TO PROGRAM OF

4 RECORD.—If the Secretary determines under subsection 

5 (a) that the Joint Regional Security Stacks activity should 

6 proceed, not later than October 1, 2021, the Secretary 

7 shall develop a plan to transition such activity to a pro8 gram of record, governed by standard Department of De9 fense acquisition program requirements and practices, in10 cluding the following: 

11 (1) Baseline operational requirements docu12 mentation. 

13 (2) An acquisition strategy and baseline. 

14 (3) A program office and responsible program 

15 manager, under the oversight of the Under Sec16 retary of Defense for Acquisition and Sustainment 

17 and the Chief Information Officer of the Depart18 ment of Defense, responsible for pertinent doctrine, 

19 organization, training, materiel, leadership and edu20 cation, personnel, facilities and policy matters, and 

21 the development of effective tactics, techniques, and 

22 procedures; 

23 (4) manning and training requirements docu24 mentation; and 

25 (5) operational test planning. 


pbinns on DSKJLVW7X2PROD with BILLS
919 

•S 4049 RS

1 (c) LIMITATIONS.— 

2 (1) LIMITATION ON USE OF FUNDS.—None of 

3 the funds authorized to be appropriated by this Act 

4 may be used to field Joint Regional Security Stacks 

5 on the Secret Internet Protocol Network in fiscal 

6 year 2021. 

7 (2) LIMITATION ON OPERATIONAL DEPLOY8 MENT.—The Secretary may not conduct an oper9 ational deployment of Joint Regional Security 

10 Stacks to the Secret Internet Protocol Network in 

11 fiscal year 2021. 

12 (d) SUBMITTAL TO CONGRESS.—Not later than De13 cember 1, 2021, the Secretary shall submit to the congres14 sional defense committees— 

15 (1) the findings of the Secretary with respect to 

16 the baseline review conducted under subsection (a); 

17 (2) the plan developed under subsection (b), if 

18 any; and 

19 (3) a proposal for the replacement of Joint Re20 gional Security Stacks, if the Secretary determines 

21 under subsection (a) that it should be replaced. 

22 SEC. 1637. INDEPENDENT ASSESSMENT OF ESTABLISH23 MENT OF A NATIONAL CYBER DIRECTOR. 

24 (a) ASSESSMENT.—Not later than December 1, 

25 2020, the Secretary of Defense, in coordination with the 


pbinns on DSKJLVW7X2PROD with BILLS
920 

•S 4049 RS

1 Secretary of Homeland Security, shall seek to enter into 

2 an agreement with an independent organization with rel3 evant expertise in cyber policy and governmental organiza4 tion to conduct and complete an assessment of the feasi5 bility and advisability of establishing a National Cyber Di6 rector. 

7 (b) ELEMENTS.—The assessment required under 

8 subsection (a) shall include a review of and development 

9 of recommendations germane to the following, including 

10 the development of proposed legislative text for the estab11 lishment of a National Cyber Director: 

12 (1) The authorities necessary to bring capabili13 ties and capacities together across the interagency, 

14 all levels of government, and the private sector. 

15 (2) A definition of the roles of the National 

16 Cyber Director in planning, preparing, and directing 

17 integrated cyber operations in response to a major 

18 cyber attack on the United States, including intel19 ligence operations, law enforcement actions, cyber ef20 fects operations, defensive operations, and incident 

21 response operations. 

22 (3) The authorities necessary to align resources 

23 to cyber priorities. 

24 (4) The structure of the office of the National 

25 Cyber Director and position within government. 


pbinns on DSKJLVW7X2PROD with BILLS
921 

•S 4049 RS

1 (c) REPORT.— 

2 (1) IN GENERAL.—Not later than March 1, 

3 2021, the Secretary of Defense shall submit to the 

4 appropriate committees of Congress a report on— 

5 (A) the findings of the independent organi6 zation with respect to the assessment carried 

7 out under subsection (a); and 

8 (B) the recommendations developed as 

9 part of such assessment under subsection (b). 

10 (2) FORM.—The report submitted under para11 graph (1) shall be submitted in a publicly releasable 

12 and unclassified format, but may include a classified 

13 annex. 

14 (d) APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED.—In this section, the term ‘‘appropriate commit16 tees of Congress’’ means— 

17 (1) the Committee on Armed Services and the 

18 Committee on Homeland Security and Governmental 

19 Affairs of the Senate; and 

20 (2) the Committee on Armed Services and the 

21 Committee on Homeland Security of the House of 

22 Representatives. 


pbinns on DSKJLVW7X2PROD with BILLS
922 

•S 4049 RS

1 SEC. 1638. MODIFICATION OF AUTHORITY TO USE OPER2 ATION AND MAINTENANCE FUNDS FOR 

3 CYBER OPERATIONS-PECULIAR CAPABILITY 

4 DEVELOPMENT PROJECTS. 

5 (a) IN GENERAL.—Section 1640 of the National De6 fense Authorization Act for Fiscal Year 2020 (Public Law 

7 116–92) is amended— 

8 (1) by redsignating subsections (b) and (c) as 

9 subsections (c) and (d), respectively; 

10 (2) in subsection (a)— 

11 (A) by striking ‘‘The Secretary of De12 fense’’ and inserting ‘‘Subject to subsection (b), 

13 the Commander of the United States Cyber 

14 Command’’; 

15 (B) by striking ‘‘per service’’ and inserting 

16 ‘‘per use’’; and 

17 (C) by striking ‘‘through 2022’’ and insert18 ing ‘‘through 2025’’; and 

19 (3) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) LIMITATION.—(1) Each fiscal year, the Secre22 taries of the military departments concerned may each ob23 ligate and expend under subsection (a) not more than 

24 $20,000,000. 


pbinns on DSKJLVW7X2PROD with BILLS
923 

•S 4049 RS

1 ‘‘(2) Each fiscal year, the Commander of the United 

2 States Cyber Command may obligate and expend under 

3 subsection (a) not more than $6,000,000.’’. 

4 (b) CONFORMING AMENDMENT.—Subsection (c) of 

5 such section is amended by striking ‘‘through 2022’’ and 

6 inserting ‘‘through 2025’’. 

7 SEC. 1639. PERSONNEL MANAGEMENT AUTHORITY FOR 

8 COMMANDER OF UNITED STATES CYBER 

9 COMMAND AND DEVELOPMENT PROGRAM 

10 FOR OFFENSIVE CYBER OPERATIONS. 

11 (a) PERSONNEL MANAGEMENT AUTHORITY FOR

12 COMMANDER OF UNITED STATES CYBER COMMAND TO

13 ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.— 

14 Section 1599h of title 10, United States Code, as amended 

15 by section 212 of National Defense Authorization Act for 

16 Fiscal Year 2020 (Public Law 116–92)), is further 

17 amended— 

18 (1) in subsection (a), by adding at the end the 

19 following: 

20 ‘‘(7) UNITED STATES CYBER COMMAND.—The 

21 Commander of United States Cyber Command may 

22 carry out a program of personnel management au23 thority provided in subsection (b) in order to facili24 tate the recruitment of eminent experts in computer 

25 science, data science, engineering, mathematics, and 


pbinns on DSKJLVW7X2PROD with BILLS
924 

•S 4049 RS

1 computer network exploitation within the head2 quarters of United States Cyber Command and the 

3 Cyber National Mission Force.’’; and 

4 (2) in subsection (b)(1)— 

5 (A) in subparagraph (E), by striking ‘‘; 

6 and’’ and inserting a semicolon; 

7 (B) in subparagraph (F), by striking the 

8 semicolon and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(G) in the case of United States Cyber 

12 Command, appoint computer scientists, data 

13 scientists, engineers, mathematicians, and com14 puter network exploitation specialists to a total 

15 of not more than 10 scientific and engineering 

16 positions in the Command;’’. 

17 (b) PROGRAM TO DEVELOP ACCESSES, DISCOVER

18 VULNERABILITIES, AND ENGINEER CYBER TOOLS AND

19 DEVELOP TACTICS, TECHNIQUES, AND PROCEDURES FOR

20 OFFENSIVE CYBER OPERATIONS.— 

21 (1) IN GENERAL.—Pursuant to the authority 

22 provided under section 1599h(a)(7) of such title, as 

23 added by subsection (a), the Commander of United 

24 States Cyber Command shall establish a program or 

25 augment an existing program within the Command 


pbinns on DSKJLVW7X2PROD with BILLS
925 

•S 4049 RS

1 to develop accesses, discover vulnerabilities, and en2 gineer cyber tools and develop tactics, techniques, 

3 and procedures for the use of these assets and capa4 bilities in offensive cyber operations. 

5 (2) ELEMENTS.—The program or augmented 

6 program required by paragraph (1) shall— 

7 (A) develop accesses, tools, vulnerabilities, 

8 and tactics, techniques, and procedures fit for 

9 Department of Defense military operations in 

10 cyberspace, such as reliability, meeting short 

11 development and operational timelines, low cost, 

12 and expendability; 

13 (B) aim to decrease the reliance of Cyber 

14 Command on accesses, tools, and expertise pro15 vided by the intelligence community; 

16 (C) be designed to provide technical and 

17 operational expertise on par with that of pro18 grams of the intelligence community; 

19 (D) enable the Commander to attract and 

20 retain expertise resident in the private sector 

21 and other technologically elite government orga22 nizations; and 

23 (E) coordinate development activities with, 

24 and, as appropriate, facilitate transition of ca25 pabilities from, the Defense Advanced Research 


pbinns on DSKJLVW7X2PROD with BILLS
926 

•S 4049 RS

1 Projects Agency, the Strategic Capabilities Of2 fice, and components within the intelligence 

3 community. 

4 (3) INTELLIGENCE COMMUNITY DEFINED.—In 

5 this subsection, the term ‘‘intelligence community’’ 

6 has the meaning given such term in section 3 of the 

7 National Security Act of 1947 (50 U.S.C. 3003). 

8 SEC. 1640. IMPLEMENTATION OF INFORMATION OPER9 ATIONS MATTERS. 

10 Of the amounts authorized to be appropriated for fis11 cal year 2021 by section 301 for operation and mainte12 nance and available for the Office of the Secretary of De13 fense for the travel of persons as specified in the table 

14 in section 4301— 

15 (1) not more than 25 percent shall be available 

16 until the date on which the report required by sub17 section (h)(1) of section 1631 of the National De18 fense Authorization Act for Fiscal Year 2020 (Pub19 lic Law 116–92) is submitted to the Committee on 

20 Armed Services of the Senate and the Committee on 

21 Armed Services House of Representatives; and 

22 (2) not more than 75 percent shall be available 

23 until the date on which the strategy and posture re24 view required by subsection (g) of such section is 

25 submitted to such committees. 


pbinns on DSKJLVW7X2PROD with BILLS
927 

•S 4049 RS

1 SEC. 1641. REPORT ON CYBER INSTITUTES PROGRAM. 

2 Section 1640 of the John S. McCain National De3 fense Authorization Act for Fiscal Year 2019 (Public Law 

4 115–232; 132 Stat. 2310; 10 U.S.C. 2200 note) is amend5 ed by adding at the end the following: 

6 ‘‘(g) REPORT TO CONGRESS.—Not later than Sep7 tember 30, 2021, the Secretary of Defense shall submit 

8 to the Committees on Armed Services of the Senate and 

9 the House of Representatives a report on the effectiveness 

10 of the Cyber Institutes and on opportunities to expand the 

11 Cyber Institutes to additional select institutions of higher 

12 learning that have a Reserve Officers’ Training Corps pro13 gram.’’. 

14 SEC. 1642. ASSISTANCE FOR SMALL MANUFACTURERS IN 

15 THE DEFENSE INDUSTRIAL SUPPLY CHAIN 

16 ON MATTERS RELATING TO CYBERSECURITY. 

17 (a) IN GENERAL.—Subject to the availability of ap18 propriations, the Secretary of Defense, in consultation 

19 with the Director of the National Institute of Standards 

20 and Technology, may award financial assistance to a Cen21 ter for the purpose of providing cybersecurity services to 

22 small manufacturers. 

23 (b) CRITERIA.—The Secretary, in consultation with 

24 the Director, shall establish and publish on the grants.gov 

25 website, or successor website, criteria for selecting recipi26 ents for financial assistance under this section. 


pbinns on DSKJLVW7X2PROD with BILLS
928 

•S 4049 RS

1 (c) USE OF FINANCIAL ASSISTANCE.—Financial as2 sistance under this section— 

3 (1) shall be used by a Center to provide small 

4 manufacturers with cybersecurity services relating 

5 to— 

6 (A) compliance with the cybersecurity re7 quirements of the Department of Defense Sup8 plement to the Federal Acquisition Regulation, 

9 including awareness, assessment, evaluation, 

10 preparation, and implementation of cybersecu11 rity services; and 

12 (B) achieving compliance with the Cyberse13 curity Maturity Model Certification framework 

14 of the Department of Defense; and 

15 (2) may be used by a Center to employ trained 

16 personnel to deliver cybersecurity services to small 

17 manufacturers. 

18 (d) BIENNIAL REPORTS.— 

19 (1) IN GENERAL.—Not less frequently than 

20 once every two years, the Secretary shall submit to 

21 the congressional defense committees, the Committee 

22 on Commerce, Science, and Transportation of the 

23 Senate, and the Committee on Science, Space, and 

24 Technology of the House of Representatives a bienVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
929 

•S 4049 RS

1 nial report on financial assistance awarded under 

2 this section. 

3 (2) CONTENTS.—To the extent practicable, 

4 each report submitted under paragraph (1) shall in5 clude the following with respect to the years covered 

6 by the report: 

7 (A) The number of small manufacturing 

8 companies assisted. 

9 (B) A description of the cybersecurity serv10 ices provided. 

11 (C) A description of the cybersecurity mat12 ters addressed. 

13 (D) An analysis of the operational effec14 tiveness and cost-effectiveness of the cybersecu15 rity services provided. 

16 (e) TERMINATION.—The authority of the Secretary 

17 to award of financial assistance under this section shall 

18 terminate on the date that is five years after the date of 

19 the enactment of this Act. 

20 (f) DEFINITIONS.—In this section: 

21 (1) The term ‘‘Center’’ has the meaning given 

22 such term in section 25(a) of the National Institute 

23 of Standards and Technology Act (15 U.S.C. 

24 278k(a)). 


pbinns on DSKJLVW7X2PROD with BILLS
930 

•S 4049 RS

1 (2) The term ‘‘small manufacturer’’ has the 

2 meaning given that term in section 1644(g) of the 

3 John S. McCain National Defense Authorization Act 

4 for Fiscal Year 2019 (Public Law 115–232; 10 

5 U.S.C. 2224 note). 

6 Subtitle C—Nuclear Forces 

7 SEC. 1651. MODIFICATION TO RESPONSIBILITIES OF NU8 CLEAR WEAPONS COUNCIL. 

9 Section 179(d) of title 10, United States Code, is 

10 amended— 

11 (1) by redesignating paragraphs (9) through 

12 (12) as paragraphs (10) through (13), respectively; 

13 and 

14 (2) by inserting after paragraph (8) the fol15 lowing new paragraph (9): 

16 ‘‘(9) Reviewing proposed capabilities, and estab17 lishing and validating performance requirements (as 

18 defined in section 181(h) of this title), for nuclear 

19 warhead programs.’’. 

20 SEC. 1652. RESPONSIBILITY OF NUCLEAR WEAPONS COUN21 CIL IN PREPARATION OF NATIONAL NU22 CLEAR SECURITY ADMINISTRATION BUDGET. 

23 Paragraph (11) of section 179(d) of title 10, United 

24 States Code, as redesignated by section 1651, is further 

25 amended to read as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
931 

•S 4049 RS

1 ‘‘(11) As part of the planning, programming, 

2 budgeting, and execution process of the National 

3 Nuclear Security Administration— 

4 ‘‘(A) providing guidance with respect to 

5 the development of the annual budget proposals 

6 of the Administration under section 3255 of the 

7 National Nuclear Security Administration Act; 

8 ‘‘(B) reviewing the adequacy of such pro9 posals under section 4717 of the Atomic Energy 

10 Defense Act; and 

11 ‘‘(C) preparing, coordinating, and approv12 ing such proposals, including before such pro13 posals are submitted to— 

14 ‘‘(i) the Secretary of Energy; 

15 ‘‘(ii) the Director of the Office of 

16 Management and Budget; 

17 ‘‘(iii) the President; or 

18 ‘‘(iv) Congress (as submitted with the 

19 budget of the President under section 

20 1105(a) of title 31).’’. 

21 SEC. 1653. MODIFICATION OF GOVERNMENT ACCOUNT22 ABILITY OFFICE REVIEW OF ANNUAL RE23 PORTS ON NUCLEAR WEAPONS ENTERPRISE. 

24 Section 492a(c) of title 10, United States Code, is 

25 amended— 


pbinns on DSKJLVW7X2PROD with BILLS
932 

•S 4049 RS

1 (1) in paragraph (1), by striking ‘‘review each 

2 report’’ and inserting ‘‘periodically review reports 

3 submitted’’; and 

4 (2) in paragraph (2), by striking ‘‘not later’’ 

5 and all that follows through ‘‘submitted,’’. 

6 SEC. 1654. PROHIBITION ON REDUCTION OF THE INTER7 CONTINENTAL BALLISTIC MISSILES OF THE 

8 UNITED STATES. 

9 (a) PROHIBITION.—Except as provided in subsection 

10 (b), none of the funds authorized to be appropriated by 

11 this Act for fiscal year 2021 for the Department of De12 fense may be obligated or expended for the following, and 

13 the Department may not otherwise take any action to do 

14 the following: 

15 (1) Reduce, or prepare to reduce, the respon16 siveness or alert level of the intercontinental ballistic 

17 missiles of the United States. 

18 (2) Reduce, or prepare to reduce, the quantity 

19 of deployed intercontinental ballistic missiles of the 

20 United States to a number less than 400. 

21 (b) EXCEPTION.—The prohibition in subsection (a) 

22 shall not apply to any of the following activities: 

23 (1) The maintenance or sustainment of inter24 continental ballistic missiles. 


pbinns on DSKJLVW7X2PROD with BILLS
933 

•S 4049 RS

1 (2) Ensuring the safety, security, or reliability 

2 of intercontinental ballistic missiles. 

3 SEC. 1655. SENSE OF THE SENATE ON NUCLEAR COOPERA4 TION BETWEEN THE UNITED STATES AND 

5 THE UNITED KINGDOM. 

6 It is the sense of the Senate that— 

7 (1) the North Atlantic Treaty Organization 

8 (NATO) continues to play an essential role in the 

9 national security of the United States and the inde10 pendent nuclear deterrents of other NATO members, 

11 such as the United Kingdom, have helped under12 write peace and security; 

13 (2) the nuclear programs of the United States 

14 and the United Kingdom have enjoyed significant 

15 collaborative benefits as a result of the cooperative 

16 relationship formalized in the Agreement for Co17 operation on the Uses of Atomic Energy for Mutual 

18 Defense Purposes, signed at Washington July 3, 

19 1958, and entered into force August 4, 1958 (9 

20 UST 1028), between the United States and the 

21 United Kingdom (commonly referred to as the ‘‘Mu22 tual Defense Agreement’’); 

23 (3) the unique partnership between the United 

24 States and the United Kingdom has enhanced sov25 ereign military and scientific capabilities, strengthVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
934 

•S 4049 RS

1 ened bilateral ties, and shared costs, particularly on 

2 such programs as the Trident II D–5 weapons sys3 tem and the common missile compartment for the 

4 future Dreadnought and Columbia classes of sub5 marines; 

6 (4) additionally, the extension of the nuclear de7 terrence commitments of the United Kingdom to 

8 members of the NATO alliance strengthens collective 

9 security while reducing the burden placed on United 

10 States nuclear forces to deter potential adversaries 

11 and assure allies of the United States and the 

12 United Kingdom; 

13 (5) as the international security environment 

14 deteriorates and potential adversaries expand and 

15 enhance their nuclear forces, the extended deter16 rence commitments of the United Kingdom play an 

17 increasingly important role in supporting the secu18 rity interests of the United States and allies of the 

19 United States and the United Kingdom; 

20 (6) it is in the national security interest of the 

21 United States to support the United Kingdom with 

22 respect to the decision of the Government of the 

23 United Kingdom to maintain its nuclear deterrent 

24 until global security conditions warrant its elimi25 nation; 


pbinns on DSKJLVW7X2PROD with BILLS
935 

•S 4049 RS

1 (7) as the United States must modernize its 

2 aging nuclear forces to ensure its ability to continue 

3 to field a nuclear deterrent that is safe, secure, and 

4 effective, the United Kingdom faces a similar chal5 lenge; 

6 (8) bilateral cooperation on the parallel develop7 ment of the W93/Mk7 warhead of the United States 

8 and the replacement warhead of the United King9 dom, as well as associated components, will allow the 

10 United States and the United Kingdom to respon11 sibly address challenges within their legacy nuclear 

12 forces in a cost-effective manner that— 

13 (A) preserves independent, sovereign con14 trol; 

15 (B) is consistent with each country’s obli16 gations under the Treaty on the Non-Prolifera17 tion of Nuclear Weapons, done at Washington, 

18 London, and Moscow July 1, 1968 (21 UST 

19 483) (commonly referred to as the ‘‘Nuclear 

20 Non-Proliferation Treaty’’); and 

21 (C) supports nonproliferation objectives; 

22 and 

23 (9) continued cooperation between the nuclear 

24 programs of United States and the United Kingdom, 

25 including through the W93/Mk7 program, is essenVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
936 

•S 4049 RS

1 tial to ensuring that the NATO alliance continues to 

2 be supported by credible nuclear forces capable of 

3 preserving peace, preventing coercion, and deterring 

4 aggression. 

5 Subtitle D—Missile Defense 

6 Programs 

7 SEC. 1661. IRON DOME SHORT-RANGE ROCKET DEFENSE 

8 SYSTEM AND ISRAELI COOPERATIVE MISSILE 

9 DEFENSE PROGRAM CO-DEVELOPMENT AND 

10 CO-PRODUCTION. 

11 (a) IRON DOME SHORT-RANGE ROCKET DEFENSE

12 SYSTEM.— 

13 (1) AVAILABILITY OF FUNDS.—Of the funds 

14 authorized to be appropriated by this Act for fiscal 

15 year 2021 for procurement, Defense-wide, and avail16 able for the Missile Defense Agency, not more than 

17 $73,000,000 may be provided to the Government of 

18 Israel to procure components for the Iron Dome 

19 short-range rocket defense system through co-pro20 duction of such components in the United States by 

21 industry of the United States. 

22 (2) CONDITIONS.— 

23 (A) AGREEMENT.—Funds described in 

24 paragraph (1) for the Iron Dome short-range 

25 rocket defense program shall be available subVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
937 

•S 4049 RS

1 ject to the terms and conditions in the Agree2 ment Between the Department of Defense of 

3 the United States of America and the Ministry 

4 of Defense of the State of Israel Concerning 

5 Iron Dome Defense System Procurement, 

6 signed on March 5, 2014, as amended to in7 clude co-production for Tamir interceptors. 

8 (B) CERTIFICATION.—Not later than 30 

9 days prior to the initial obligation of funds de10 scribed in paragraph (1), the Under Secretary 

11 of Defense for Acquisition and Sustainment 

12 shall submit to the appropriate congressional 

13 committees— 

14 (i) a certification that the amended bi15 lateral international agreement specified in 

16 subparagraph (A) is being implemented as 

17 provided in such agreement; 

18 (ii) an assessment detailing any risks 

19 relating to the implementation of such 

20 agreement; and 

21 (iii) for system improvements result22 ing in modified Iron Dome components 

23 and Tamir interceptor sub-components, a 

24 certification that the Government of Israel 

25 has demonstrated successful completion of 


pbinns on DSKJLVW7X2PROD with BILLS
938 

•S 4049 RS

1 Production Readiness Reviews, including 

2 the validation of production lines, the 

3 verification of component conformance, 

4 and the verification of performance to 

5 specification as defined in the Iron Dome 

6 Defense System Procurement Agreement, 

7 as further amended. 

8 (b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO9 GRAM, DAVID’S SLING WEAPON SYSTEM CO-PRODUC10 TION.— 

11 (1) IN GENERAL.—Subject to paragraph (3), of 

12 the funds authorized to be appropriated for fiscal 

13 year 2021 for procurement, Defense-wide, and avail14 able for the Missile Defense Agency not more than 

15 $50,000,000 may be provided to the Government of 

16 Israel to procure the David’s Sling Weapon System, 

17 including for co-production of parts and components 

18 in the United States by United States industry. 

19 (2) AGREEMENT.—Provision of funds specified 

20 in paragraph (1) shall be subject to the terms and 

21 conditions in the bilateral co-production agreement, 

22 including— 

23 (A) a one-for-one cash match is made by 

24 Israel or in another matching amount that othVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
939 

•S 4049 RS

1 erwise meets best efforts (as mutually agreed to 

2 by the United States and Israel); and 

3 (B) co-production of parts, components, 

4 and all-up rounds (if appropriate) in the United 

5 States by United States industry for the Da6 vid’s Sling Weapon System is not less than 50 

7 percent. 

8 (3) CERTIFICATION AND ASSESSMENT.—The 

9 Under Secretary of Defense for Acquisition and 

10 Sustainment shall submit to the appropriate con11 gressional committees— 

12 (A) a certification that the Government of 

13 Israel has demonstrated the successful comple14 tion of the knowledge points, technical mile15 stones, and production readiness reviews re16 quired by the research, development, and tech17 nology agreement and the bilateral co-produc18 tion agreement for the David’s Sling Weapon 

19 System; and 

20 (B) an assessment detailing any risks re21 lating to the implementation of such agreement. 

22 (c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO23 GRAM, ARROW 3 UPPER TIER INTERCEPTOR PROGRAM

24 CO-PRODUCTION.— 


pbinns on DSKJLVW7X2PROD with BILLS
940 

•S 4049 RS

1 (1) IN GENERAL.—Subject to paragraph (2), of 

2 the funds authorized to be appropriated for fiscal 

3 year 2021 for procurement, Defense-wide, and avail4 able for the Missile Defense Agency not more than 

5 $77,000,000 may be provided to the Government of 

6 Israel for the Arrow 3 Upper Tier Interceptor Pro7 gram, including for co-production of parts and com8 ponents in the United States by United States in9 dustry. 

10 (2) CERTIFICATION.—The Under Secretary of 

11 Defense for Acquisition and Sustainment shall sub12 mit to the appropriate congressional committees a 

13 certification that— 

14 (A) the Government of Israel has dem15 onstrated the successful completion of the 

16 knowledge points, technical milestones, and pro17 duction readiness reviews required by the re18 search, development, and technology agreement 

19 for the Arrow 3 Upper Tier Interceptor Pro20 gram; 

21 (B) funds specified in paragraph (1) will 

22 be provided on the basis of a one-for-one cash 

23 match made by Israel or in another matching 

24 amount that otherwise meets best efforts (as 


pbinns on DSKJLVW7X2PROD with BILLS
941 

•S 4049 RS

1 mutually agreed to by the United States and 

2 Israel); 

3 (C) the United States has entered into a 

4 bilateral international agreement with Israel 

5 that establishes, with respect to the use of such 

6 funds— 

7 (i) in accordance with subparagraph 

8 (D), the terms of co-production of parts 

9 and components on the basis of the great10 est practicable co-production of parts, com11 ponents, and all-up rounds (if appropriate) 

12 by United States industry and minimizes 

13 nonrecurring engineering and facilitization 

14 expenses to the costs needed for co-produc15 tion; 

16 (ii) complete transparency on the re17 quirement of Israel for the number of 

18 interceptors and batteries that will be pro19 cured, including with respect to the pro20 curement plans, acquisition strategy, and 

21 funding profiles of Israel; 

22 (iii) technical milestones for co-pro23 duction of parts and components and pro24 curement; 


pbinns on DSKJLVW7X2PROD with BILLS
942 

•S 4049 RS

1 (iv) a joint affordability working 

2 group to consider cost reduction initiatives; 

3 and 

4 (v) joint approval processes for third5 party sales; and 

6 (D) the level of co-production described in 

7 subparagraph (C)(i) for the Arrow 3 Upper 

8 Tier Interceptor Program is not less than 50 

9 percent. 

10 (d) NUMBER.—In carrying out paragraph (2) of sub11 section (b) and paragraph (2) of subsection (c), the Under 

12 Secretary may submit— 

13 (1) one certification covering both the David’s 

14 Sling Weapon System and the Arrow 3 Upper Tier 

15 Interceptor Program; or 

16 (2) separate certifications for each respective 

17 system. 

18 (e) TIMING.—The Under Secretary shall submit to 

19 the congressional defense committees the certification and 

20 assessment under subsection (b)(3) and the certification 

21 under subsection (c)(2) no later than 30 days before the 

22 funds specified in paragraph (1) of subsections (b) and 

23 (c) for the respective system covered by the certification 

24 are provided to the Government of Israel. 


pbinns on DSKJLVW7X2PROD with BILLS
943 

•S 4049 RS

1 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means the following: 

4 (1) The congressional defense committees. 

5 (2) The Committee on Foreign Relations of the 

6 Senate and the Committee on Foreign Affairs of the 

7 House of Representatives. 

8 SEC. 1662. ACCELERATION OF THE DEPLOYMENT OF 

9 HYPERSONIC AND BALLISTIC TRACKING 

10 SPACE SENSOR PAYLOAD. 

11 (a) PRIMARY RESPONSIBILITY FOR DEVELOPMENT

12 AND DEPLOYMENT OF HYPERSONIC AND BALLISTIC

13 TRACKING SPACE SENSOR PAYLOAD.— 

14 (1) IN GENERAL.—Not later than 15 days after 

15 the date of the enactment of this Act, the Secretary 

16 shall— 

17 (A) assign the Director of the Missile De18 fense Agency with the principal responsibility 

19 for the development and deployment of a 

20 hypersonic and ballistic tracking space sensor 

21 payload through the end of fiscal year 2022; 

22 and 

23 (B) submit to the congressional defense 

24 committees certification of such assignment. 


pbinns on DSKJLVW7X2PROD with BILLS
944 

•S 4049 RS

1 (2) TRANSITION.—Not later than 90 days after 

2 the date of the enactment of this Act, the Secretary 

3 shall submit to the congressional defense commit4 tees— 

5 (A) a determination regarding whether re6 sponsibility for a hypersonic and ballistic track7 ing space sensor payload should be transitioned 

8 to the United States Space Force at the end of 

9 fiscal year 2022 or later; and 

10 (B) if the Secretary so determines, a plan 

11 for transition of primary responsibility that 

12 minimizes disruption to the program and pro13 vides for sufficient funding as described in sub14 section (b)(1). 

15 (b) CERTIFICATION REGARDING FUNDING OF

16 HYPERSONIC AND BALLISTIC TRACKING SPACE SENSOR

17 PROGRAM.— 

18 (1) IN GENERAL.—At the same time that the 

19 President submits to Congress pursuant to section 

20 1105 of title 31, United States Code, the annual 

21 budget request of the President for fiscal year 2022, 

22 the Under Secretary of Defense Comptroller and the 

23 Director for Cost Assessment and Program Evalua24 tion shall jointly submit to the congressional defense 

25 committees a certification as to whether the 


pbinns on DSKJLVW7X2PROD with BILLS
945 

•S 4049 RS

1 hypersonic and ballistic tracking space sensor pro2 gram is sufficiently funded in the future-years de3 fense program. 

4 (2) FUNDING LIMITATION.—Of the funds au5 thorized to be appropriated by this Act for fiscal 

6 year 2021 under the Operations and Maintenance, 

7 Defense-Wide, account for the Office of Secretary of 

8 Defense travel of persons assigned to the Office of 

9 the Under Secretary of Defense for Research and 

10 Engineering, not more than 50 percent of such 

11 funds may be obligated or expended until the certifi12 cation required by paragraph (1) is submitted under 

13 such paragraph. 

14 (c) DEPLOYMENT DEADLINE.—Section 1683(a) of 

15 the National Defense Authorization Act for Fiscal Year 

16 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is 

17 amended— 

18 (1) by striking ‘‘(a) IN GENERAL.—’’ and in19 serting the following: 

20 ‘‘(a) DEVELOPMENT, TESTING, AND DEPLOY21 MENT.— 

22 ‘‘(1) DEVELOPMENT.—’’; and 

23 (2) by adding at the end the following new 

24 paragraphs: 


pbinns on DSKJLVW7X2PROD with BILLS
946 

•S 4049 RS

1 ‘‘(2) TESTING AND DEPLOYMENT.—The Direc2 tor shall begin on-orbit testing of a hypersonic and 

3 ballistic tracking space sensor no later than Decem4 ber 31, 2022, with full operational deployment as 

5 soon as technically feasible thereafter. 

6 ‘‘(3) WAIVER.—The Secretary of Defense may 

7 waive the deadline for testing specified in paragraph 

8 (2) if the Secretary submits to the congressional de9 fense committees a report containing— 

10 ‘‘(A) the explanation why the Secretary 

11 cannot meet such deadline; 

12 ‘‘(B) the technical risks and estimated cost 

13 of accelerating the program to attempt to meet 

14 such deadline; 

15 ‘‘(C) an assessment of threat systems that 

16 could not be detected or tracked persistently 

17 due to waiving such deadline; and 

18 ‘‘(D) a plan, including a timeline, for be19 ginning the required testing.’’. 

20 (d) ASSESSMENT AND REPORT.—Not later than 120 

21 days after the date of the enactment of this Act, the Chair 

22 of the Joint Requirements Oversight Council established 

23 under section 181 of title 10, United States Code, shall— 

24 (1) complete an assessment on whether all ef25 forts being made by the Missile Defense Agency, the 


pbinns on DSKJLVW7X2PROD with BILLS
947 

•S 4049 RS

1 Defense Advanced Research Projects Agency, the 

2 Air Force, and the Space Development Agency relat3 ing to space-based sensing and tracking capabilities 

4 for missile defense are aligned with the requirements 

5 of United States Strategic Command, United States 

6 Northern Command, United States European Com7 mand, and United States Indo-Pacific Command for 

8 missile tracking and missile warning that have been 

9 validated by the Joint Requirements Oversight 

10 Council; and 

11 (2) submit to the congressional defense commit12 tees a report on the findings of the Chair with re13 spect to the assessment conducted under paragraph 

14 (1). 

15 SEC. 1663. EXTENSION OF PROHIBITION RELATING TO MIS16 SILE DEFENSE INFORMATION AND SYSTEMS. 

17 Section 130h(e) of title 10, United States Code, is 

18 amended by striking ‘‘January 1, 2021’’ and inserting 

19 ‘‘January 1, 2026’’. 

20 SEC. 1664. REPORT ON AND LIMITATION ON EXPENDITURE 

21 OF FUNDS FOR LAYERED HOMELAND MIS22 SILE DEFENSE SYSTEM. 

23 (a) REPORT REQUIRED.— 

24 (1) IN GENERAL.—Not later than March 1, 

25 2021, the Director of the Missile Defense Agency 


pbinns on DSKJLVW7X2PROD with BILLS
948 

•S 4049 RS

1 shall submit to the congressional defense committees 

2 a report on the proposal for a layered homeland mis3 sile defense system included in the budget justifica4 tion materials submitted to Congress in support of 

5 the budget for the Department of Defense for fiscal 

6 year 2021 (as submitted with the budget of the 

7 President for such year under section 1105(a) of 

8 title 31, United States Code). 

9 (2) ELEMENTS REQUIRED.—The report re10 quired by paragraph (1) shall include the following: 

11 (A) A description of the approved require12 ments for a layered homeland missile defense 

13 system, based on an assessment by the intel14 ligence community of threats to be addressed at 

15 the time of deployment of such a system. 

16 (B) An assessment of how such require17 ments addressed by a layered homeland missile 

18 defense system relate to those addressed by the 

19 existing ground-based midcourse defense sys20 tem, including deployed ground-based intercep21 tors and planned upgrades to such ground22 based interceptors. 

23 (C) An analysis of interceptor solutions to 

24 meet such requirements, to include land-based 

25 Standard Missile 3 (SM–3) Block IIA interVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
949 

•S 4049 RS

1 ceptor systems and the Terminal High Altitude 

2 Area Defense (THAAD) system, with the num3 ber of locations required for deployment and 

4 the production numbers of interceptors and re5 lated sensors. 

6 (D) A site-specific fielding plan that in7 cludes possible locations, the number and type 

8 of interceptors and radars in each location, and 

9 any associated environmental or permitting con10 siderations, including an assessment of the loca11 tions evaluated pursuant to section 227(b) of 

12 the National Defense Authorization Act for Fis13 cal Year 2013 (126 Stat. 1679; Public Law 

14 112–239) for inclusion in the layered homeland 

15 missile defense system. 

16 (E) Relevant policy considerations for de17 ployment of such systems for defense against 

18 intercontinental ballistic missiles in the conti19 nental United States. 

20 (F) A cost estimate and schedule for op21 tions involving a land-based Standard Missile 3 

22 Block IIA interceptor system and the Terminal 

23 High Altitude Area Defense system, including 

24 required environmental assessments. 


pbinns on DSKJLVW7X2PROD with BILLS
950 

•S 4049 RS

1 (G) A feasibility assessment of the nec2 essary modifications to the Terminal High Alti3 tude Area Defense system to address such re4 quirements. 

5 (H) An assessment of the industrial base 

6 capacity to support additional production of ei7 ther a land-based Standard Missile 3 Block IIA 

8 interceptor system or the Terminal High Alti9 tude Area Defense system. 

10 (3) CONSULTATION.—In preparing the report 

11 required by paragraph (1), the Director shall consult 

12 with the following: 

13 (A) The Under Secretary of Defense for 

14 Policy. 

15 (B) The Under Secretary of Defense for 

16 Acquisition and Sustainment. 

17 (C) The Vice Chairman of the Joint Chiefs 

18 of Staff, in Vice Chairman’s capacity as the 

19 Chair of the Joint Requirements Oversight 

20 Council. 

21 (D) The Commander, United States Stra22 tegic Command. 

23 (E) The Commander, United States 

24 Northern Command. 


pbinns on DSKJLVW7X2PROD with BILLS
951 

•S 4049 RS

1 (b) LIMITATION ON USE OF FUNDS.—Not more than 

2 50 percent of the amounts authorized to be appropriated 

3 by this Act for fiscal year 2021 for the Missile Defense 

4 Agency for the purposes of a layered homeland missile de5 fense system may be obligated or expended until the Di6 rector submits to the congressional defense committees the 

7 report required by subsection (a). 

8 (c) INTELLIGENCE COMMUNITY DEFINED.—In this 

9 section, the term ‘‘intelligence community’’ has the mean10 ing given such term in section 3 of the National Security 

11 Act of 1947 (50 U.S.C. 3003). 

12 SEC. 1665. EXTENSION OF REQUIREMENT FOR COMP13 TROLLER GENERAL REVIEW AND ASSESS14 MENT OF MISSILE DEFENSE ACQUISITION 

15 PROGRAMS. 

16 Section 232(a) of the National Defense Authorization 

17 Act for Fiscal Year 2012 (Public Law 112–81) is amend18 ed— 

19 (1) in paragraph (1), by striking ‘‘through 

20 2020’’ and inserting ‘‘through 2025’’; 

21 (2) in paragraph (2)— 

22 (A) by striking ‘‘through 2021’’ and insert23 ing ‘‘through 2026’’; and 

24 (B) by striking ‘‘year. Each’’ and all that 

25 follows through ‘‘appropriate.’’ and insert the 


pbinns on DSKJLVW7X2PROD with BILLS
952 

•S 4049 RS

1 following: ‘‘, which shall include such findings 

2 and recommendations as the Comptroller Gen3 eral considers appropriate.’’; and 

4 (3) by adding at the end the following new sub5 section: 

6 ‘‘(3) REVIEW OF EMERGING ISSUES.—In car7 rying out this subsection, as the Comptroller General 

8 determines is warranted, the Comptroller General 

9 shall review emerging issues and, in consultation 

10 with the congressional defense committees, brief 

11 such committees or submit to such committees a re12 port on the findings of the Comptroller General with 

13 respect to such review.’’. 

14 SEC. 1666. REPEAL OF REQUIREMENT FOR REPORTING 

15 STRUCTURE OF MISSILE DEFENSE AGENCY. 

16 Section 205 of title 10, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 205. Missile Defense Agency 

19 ‘‘The Director of the Missile Defense Agency shall be 

20 appointed for a six-year term.’’. 

21 SEC. 1667. GROUND-BASED MIDCOURSE DEFENSE INTERIM 

22 CAPABILITY. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


pbinns on DSKJLVW7X2PROD with BILLS
953 

•S 4049 RS

1 (1) the nuclear and ballistic missile threats 

2 from rogue nations are increasing; and 

3 (2) the Department of Defense should fully as4 sess development of an interim ground-based missile 

5 defense capability while also pursuing the develop6 ment of a next generation interceptor capability. 

7 (b) INTERIM GROUND-BASED INTERCEPTOR.— 

8 (1) DEVELOPMENT.—Not later than 30 days 

9 after the date of the enactment of this Act, the Sec10 retary of Defense, acting through the Director of the 

11 Missile Defense Agency and in coordination with the 

12 Under Secretary of Defense for Acquisition and 

13 Sustainment, the Commander of the United States 

14 Northern Command, and the Commander of the 

15 United States Strategic Command, shall commence 

16 carrying out a program to develop an interim 

17 ground-based interceptor capability that will— 

18 (A) use sound acquisition practices; 

19 (B) address the majority of current and 

20 near- to mid-term projected ballistic missile 

21 threats to the United States homeland from 

22 rogue nations; 

23 (C) at minimum, meet the proposed capa24 bilities of the Redesigned Kill Vehicle program; 


pbinns on DSKJLVW7X2PROD with BILLS
954 

•S 4049 RS

1 (D) leverage existing kill vehicle and boost2 er technology; and 

3 (E) appropriately balance interceptor per4 formance with schedule of delivery. 

5 (2) DEPLOYMENT.—The Secretary of Defense, 

6 acting through the Director of the Missile Defense 

7 Agency and in coordination with the Under Sec8 retary of Defense for Acquisition and Sustainment, 

9 the Commander of the United States Northern Com10 mand, and the Commander of the United States 

11 Strategic Command, shall— 

12 (A) conduct rigorous flight testing of the 

13 interim ground-based interceptor; and 

14 (B) deliver 20 new ground-based intercep15 tors by 2026. 

16 (3) WAIVER AUTHORITY.—(A) The Secretary of 

17 Defense may waive the requirements under para18 graphs (1) and (2) if the Secretary certifies to the 

19 congressional defense committees that— 

20 (i) the technology development is not tech21 nically feasible; 

22 (ii) the interim capability development is 

23 not in the national security interest of the 

24 United States; or 


pbinns on DSKJLVW7X2PROD with BILLS
955 

•S 4049 RS

1 (iii) the next generation interceptor for the 

2 ground-based midcourse defense system can de3 liver capability before the program otherwise re4 quired by this subsection. 

5 (B) If the Secretary chooses to waive the re6 quirements under paragraphs (1) and (2), the Sec7 retary shall submit to the congressional defense com8 mittees along with the certification required by sub9 paragraph (A) of this paragraph— 

10 (i) an explanation of the rationale for the 

11 decision; 

12 (ii) an estimate of projected rogue nation 

13 threats to the United States homeland that will 

14 not be defended against until the fielding of the 

15 next generation interceptor for the ground16 based midcourse defense system; and 

17 (iii) an updated schedule for development 

18 and deployment of the next generation inter19 ceptor. 

20 (C) The Secretary may not delegate the certifi21 cation described in subparagraphs (A) and (B) un22 less the Secretary is recused, in which case the Sec23 retary may delegate such certification to the Deputy 

24 Secretary of Defense. 


pbinns on DSKJLVW7X2PROD with BILLS
956 

•S 4049 RS

1 (c) CAPABILITIES AND CRITERIA.—The Director 

2 shall ensure that the interim ground-based interceptor de3 veloped under subsection (c)(1) meets, at a minimum, the 

4 following capabilities and criteria: 

5 (1) Vehicle-to-vehicle communications, as appli6 cable. 

7 (2) Vehicle-to-ground communications. 

8 (3) Kill assessment capability. 

9 (4) The ability to counter advanced counter 

10 measures, decoys, and penetration aids. 

11 (5) Producibility and manufacturability. 

12 (6) Use of technology involving high technology 

13 readiness levels. 

14 (7) Options to integrate the new kill vehicle 

15 onto other missile defense interceptor vehicles other 

16 than the ground-based interceptors of the ground17 based midcourse defense system. 

18 (8) Sound acquisition processes. 

19 (d) REPORT ON FUNDING PROFILE.—The Director 

20 shall include with the budget justification materials sub21 mitted to Congress in support of the budget of the Depart22 ment of Defense for fiscal year 2022 (as submitted with 

23 the budget of the President under section 1105(a) of title 

24 31, United States Code) a report on the funding profile 


pbinns on DSKJLVW7X2PROD with BILLS
957 

•S 4049 RS

1 necessary for the interim ground-based interceptor pro2 gram to meet the objectives under subsection (c). 

3 DIVISION B—MILITARY CON4 STRUCTION AUTHORIZA5 TIONS 

6 SEC. 2001. SHORT TITLE. 

7 This division may be cited as the ‘‘Military Construc8 tion Authorization Act for Fiscal Year 2021’’. 

9 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

10 AMOUNTS REQUIRED TO BE SPECIFIED BY 

11 LAW. 

12 (a) EXPIRATION OF AUTHORIZATIONS AFTER FIVE

13 YEARS.—Except as provided in subsection (b), all author14 izations contained in titles XXI through XXVII for mili15 tary construction projects, land acquisition, family housing 

16 projects and facilities, and contributions to the North At17 lantic Treaty Organization Security Investment Program 

18 (and authorizations of appropriations therefor) shall ex19 pire on the later of— 

20 (1) October 1, 2025; or 

21 (2) the date of the enactment of an Act author22 izing funds for military construction for fiscal year 

23 2026. 

24 (b) EXCEPTION.—Subsection (a) shall not apply to 

25 authorizations for military construction projects, land acVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00957 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
958 

•S 4049 RS

1 quisition, family housing projects and facilities, and con2 tributions to the North Atlantic Treaty Organization Se3 curity Investment Program (and authorizations of appro4 priations therefor), for which appropriated funds have 

5 been obligated before the later of— 

6 (1) October 1, 2025; or 

7 (2) the date of the enactment of an Act author8 izing funds for fiscal year 2026 for military con9 struction projects, land acquisition, family housing 

10 projects and facilities, or contributions to the North 

11 Atlantic Treaty Organization Security Investment 

12 Program. 

13 SEC. 2003. EFFECTIVE DATE. 

14 Titles XXI through XXVII and title XXIX shall take 

15 effect on the later of— 

16 (1) October 1, 2020; or 

17 (2) the date of the enactment of this Act. 

18 TITLE XXI—ARMY MILITARY 

19 CONSTRUCTION 

20 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

21 ACQUISITION PROJECTS. 

22 (a) INSIDE THE UNITED STATES.—Using amounts 

23 appropriated pursuant to the authorization of appropria24 tions in section 2103(a) and available for military con25 struction projects inside the United States as specified in 


pbinns on DSKJLVW7X2PROD with BILLS
959 

•S 4049 RS

1 the funding table in section 4601, the Secretary of the 

2 Army may acquire real property and carry out military 

3 construction projects for the installations or locations in4 side the United States, and in the amounts, set forth in 

5 the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ...................... Fort Wainwright .......................................... $114,000,000 

Arizona .................... Yuma Proving Ground ................................. $14,000,000 

California ................. Military Ocean Terminal Concord ............... $46,000,000 

Colorado ................... Fort Carson .................................................. $28,000,000 

Georgia .................... Fort Gillem .................................................. $71,000,000 

Fort Gordon ................................................. $80,000,000 

Hawaii ..................... Aliamanu Military Reservation .................... $71,000,000 

Schofield Barracks ....................................... $39,000,000 

Wheeler Army Airfield ................................. $89,000,000 

Louisiana ................. Fort Polk ...................................................... $25,000,000 

Oklahoma ................. McAlester AAP ............................................ $35,000,000 

South Carolina ......... Fort Jackson ................................................ $7,000,000 

Virginia .................... Humphreys Engineer Center ....................... $51,000,000 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2103(a) and available for military con9 struction projects outside the United States as specified 

10 in the funding table in section 4601, the Secretary of the 

11 Army may acquire real property and carry out military 

12 construction projects for the installation outside the 

13 United States, and in the amount, set forth in the fol14 lowing table: 

Army: Outside the United States 

State Installation Amount 

Italy ......................... Casmera Renato Dal Din ............................. $10,200,000 


pbinns on DSKJLVW7X2PROD with BILLS
960 

•S 4049 RS

1 SEC. 2102. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2103(a) and available for military 

5 family housing functions as specified in the funding table 

6 in section 4601, the Secretary of the Army may construct 

7 or acquire family housing units (including land acquisition 

8 and supporting facilities) at the installations or locations, 

9 in the number of units, and in the amounts set forth in 

10 the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Italy .............. Vicenza ................................... Family Housing 

New Construction ................. $84,100,000 

Kwajalein ...... Kwajalein Atoll ....................... Family Housing 

Replacement 

Construction ... $32,000,000 

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in 

13 section 2103(a) and available for military family housing 

14 functions as specified in the funding table in section 4601, 

15 the Secretary of the Army may carry out architectural and 

16 engineering services and construction design activities 

17 with respect to the construction or improvement of family 

18 housing units in an amount not to exceed $3,300,000. 

19 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

21 are hereby authorized to be appropriated for fiscal years 


pbinns on DSKJLVW7X2PROD with BILLS
961 

•S 4049 RS

1 beginning after September 30, 2020, for military con2 struction, land acquisition, and military family housing 

3 functions of the Department of the Army as specified in 

4 the funding table in section 4601. 

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and 

8 any other cost variation authorized by law, the total cost 

9 of all projects carried out under section 2101 of this Act 

10 may not exceed the total amount authorized to be appro11 priated under subsection (a), as specified in the funding 

12 table in section 4601. 

13 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

14 FISCAL YEAR 2017 PROJECT AT CAMP WALK15 ER, KOREA. 

16 In the case of the authorization contained in the table 

17 in section 2102(a) of the Military Construction Authoriza18 tion Act for Fiscal Year 2017 (division B of Public Law 

19 114–92; 129 Stat. 1146) for Camp Walker, Korea, the 

20 Secretary of the Army may construct an elevated walkway 

21 between two existing parking garages to connect children’s 

22 playgrounds using amounts available for Family Housing 

23 New Construction, as specified in the funding table in sec24 tion 4601 of such Act (129 Stat. 1290). 


pbinns on DSKJLVW7X2PROD with BILLS
962 

•S 4049 RS

1 TITLE XXII—NAVY MILITARY 

2 CONSTRUCTION 

3 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2204(a) and available for military con8 struction projects inside the United States as specified in 

9 the funding table in section 4601, the Secretary of the 

10 Navy may acquire real property and carry out military 

11 construction projects for the installations or locations in12 side the United States, and in the amounts, set forth in 

13 the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

California ................ Camp Pendleton ............................................ $115,530,000 

Lemoore ........................................................ $187,220,000 

Point Mugu ................................................... $26,700,000 

Port Hueneme ............................................... $43,500,000 

San Diego ...................................................... $128,500,000 

Seal Beach .................................................... $46,800,000 

Twentynine Palms ......................................... $76,500,000 

Hawaii .................... Joint Base Pearl Harbor-Hickam ................. $114,900,000 

Maine ...................... Kittery ........................................................... $715,000,000 

NCTAMS LANT Detachment Cutler ........... $26,100,000 

Nevada .................... Fallon ............................................................ $29,040,000 

North Carolina ....... Cherry Point ................................................. $51,900,000 

Virginia ................... Norfolk .......................................................... $39,800,000 

14 (b) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2204(a) and available for military con17 struction projects outside the United States as specified 

18 in the funding table in section 4601, the Secretary of the 


pbinns on DSKJLVW7X2PROD with BILLS
963 

•S 4049 RS

1 Navy may acquire real property and carry out military 

2 construction projects for the installations or locations out3 side the United States, and in the amounts, set forth in 

4 the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain Island ........... SW Asia ....................................................... $68,340,000 

El Salvador ................ Comalapa ...................................................... $28,000,000 

Greece ........................ Souda Bay .................................................... $50,180,000 

Guam ......................... Andersen Air Force Base ............................. $21,280,000 

Joint Region Marianas ................................. $546,550,000 

Spain .......................... Rota .............................................................. $60,110,000 

5 SEC. 2202. FAMILY HOUSING. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2204(a) and available 

8 for military family housing functions as specified in the 

9 funding table in section 4601, the Secretary of the Navy 

10 may carry out architectural and engineering services and 

11 construction design activities with respect to the construc12 tion or improvement of family housing units in an amount 

13 not to exceed $5,854,000. 

14 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

15 UNITS. 

16 Subject to section 2825 of title 10, United States 

17 Code, and using amounts appropriated pursuant to the 

18 authorization of appropriations in section 2204(a) and 

19 available for military family housing functions as specified 

20 in the funding table in section 4601, the Secretary of the 


pbinns on DSKJLVW7X2PROD with BILLS
964 

•S 4049 RS

1 Navy may improve existing military family housing units 

2 in an amount not to exceed $37,043,000. 

3 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

5 are hereby authorized to be appropriated for fiscal years 

6 beginning after September 30, 2020, for military con7 struction, land acquisition, and military family housing 

8 functions of the Department of the Navy, as specified in 

9 the funding table in section 4601. 

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and 

13 any other cost variation authorized by law, the total cost 

14 of all projects carried out under section 2201 of this Act 

15 may not exceed the total amount authorized to be appro16 priated under subsection (a), as specified in the funding 

17 table in section 4601. 

18 TITLE XXIII—AIR FORCE 

19 MILITARY CONSTRUCTION 

20 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

21 LAND ACQUISITION PROJECTS. 

22 (a) INSIDE THE UNITED STATES.—Using amounts 

23 appropriated pursuant to the authorization of appropria24 tions in section 2304(a) and available for military con25 struction projects inside the United States as specified in 


pbinns on DSKJLVW7X2PROD with BILLS
965 

•S 4049 RS

1 the funding table in section 4601, the Secretary of the 

2 Air Force may acquire real property and carry out mili3 tary construction projects for the installations or locations 

4 inside the United States, and in the amounts, set forth 

5 in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Colorado .............................. United States Air Force Academy $49,000,000 

New Jersey ......................... Joint Base McGuire-DixLakehurst.$22,000,000 

South Dakota ..................... Ellsworth Air Force Base ............. $96,000,000 

Texas .................................. Joint Base San Antonio ................ $19,500,000 

Utah .................................... Hill Air Force Base ...................... $132,000,000 

Virginia ............................... Joint Base Langley-Eustis ............ $19,500,000 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2304(a) and available for military con9 struction projects outside the United States as specified 

10 in the funding table in section 4601, the Secretary of the 

11 Air Force may acquire real property and carry out mili12 tary construction projects for the installations or locations 

13 outside the United States, and in the amounts, set forth 

14 in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Guam .................................. Andersen Air Force Base .............. $56,000,000 

Qatar .................................. Al Udeid ........................................ $26,000,000 

15 SEC. 2302. FAMILY HOUSING. 

16 Using amounts appropriated pursuant to the author17 ization of appropriations in section 2304(a) and available 

18 for military family housing functions as specified in the 


pbinns on DSKJLVW7X2PROD with BILLS
966 

•S 4049 RS

1 funding table in section 4601, the Secretary of the Air 

2 Force may carry out architectural and engineering serv3 ices and construction design activities with respect to the 

4 construction or improvement of family housing units in an 

5 amount not to exceed $2,969,000. 

6 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

7 UNITS. 

8 Subject to section 2825 of title 10, United States 

9 Code, and using amounts appropriated pursuant to the 

10 authorization of appropriations in section 2304(a) and 

11 available for military family housing functions as specified 

12 in the funding table in section 4601, the Secretary of the 

13 Air Force may improve existing military family housing 

14 units in an amount not to exceed $94,245,000. 

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

16 FORCE. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

19 beginning after September 30, 2020, for military con20 struction, land acquisition, and military family housing 

21 functions of the Department of the Air Force, as specified 

22 in the funding table in section 4601. 

23 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

24 PROJECTS.—Notwithstanding the cost variations author25 ized by section 2853 of title 10, United States Code, and 


pbinns on DSKJLVW7X2PROD with BILLS
967 

•S 4049 RS

1 any other cost variation authorized by law, the total cost 

2 of all projects carried out under section 2301 of this Act 

3 may not exceed the total amount authorized to be appro4 priated under subsection (a), as specified in the funding 

5 table in section 4601. 

6 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

7 FISCAL YEAR 2018 PROJECT AT ROYAL AIR 

8 FORCE LAKENHEATH. 

9 (a) IN GENERAL.—In the case of the authorization 

10 contained in the table in section 2301(b) of the Military 

11 Construction Authorization Act for Fiscal Year 2018 (di12 vision B of Public Law 115–91; 131 Stat. 1826) for Royal 

13 Air Force Lakenheath, United Kingdom, the Secretary of 

14 the Air Force may construct a 2,700 square meter consoli15 dated corrosion control and wash rack facility at such lo16 cation. 

17 (b) INCREASE OF AMOUNT.—The table in section 

18 4601 of such Act is amended in the item relating to a 

19 Consolidated Corrosion Control Facility at Royal Air 

20 Force Lakenheath, United Kingdom, by striking 

21 ‘‘20,000,000’’ and inserting ‘‘55,300,000’’. 

22 SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT 

23 CERTAIN FISCAL YEAR 2019 PROJECTS. 

24 (a) EIELSON AIR FORCE BASE, ALASKA.—In the 

25 case of the authorization contained in the table in section 


pbinns on DSKJLVW7X2PROD with BILLS
968 

•S 4049 RS

1 2301(a) of the Military Construction Authorization Act 

2 for Fiscal Year 2019 (division B of Public Law 115–232; 

3 132 Stat. 2246) for Eielson Air Force Base, Alaska, the 

4 Secretary of the Air Force may construct a 426 square 

5 meter non-contained (outdoor) range with covered and 

6 heated firing line for construction of an F–35 CATM 

7 Range, as specified in the funding table in section 4601 

8 of such Act (132 Stat. 2404). 

9 (b) BARKSDALE AIR FORCE BASE, LOUISIANA.— 

10 (1) IN GENERAL.—In the case of the authoriza11 tion contained in the table in section 2301(a) of the 

12 Military Construction Authorization Act for Fiscal 

13 Year 2019 (division B of Public Law 115–232; 132 

14 Stat. 2246) for Barksdale Air Force Base, Lou15 isiana, the Secretary of the Air Force may construct 

16 an entrance road and gate complex consistent with 

17 the Unified Facilities Criteria relating to entry con18 trol facilities and the construction guidelines for the 

19 Air Force, in the amount of $48,000,000. 

20 (2) DETAILS OF CONSTRUCTION.—In con21 structing the entrance road and gate complex under 

22 paragraph (1), the Secretary of the Air Force may 

23 construct a 190 square meter visitor control center, 

24 a 44 square meter gate house, a 124 square meter 

25 privately owned vehicle inspection facility, a 338 


pbinns on DSKJLVW7X2PROD with BILLS
969 

•S 4049 RS

1 square meter truck inspection facility, and a 45 

2 square meter gatehouse. 

3 (3) CONSTRUCTION IN FLOOD PLAIN.—Con4 struction under paragraph (1) may be conducted in 

5 a flood plain and appropriate mitigation measures 

6 shall be included in the project. 

7 (c) ROYAL AIR FORCE LAKENHEATH, UNITED KING8 DOM.—In the case of the authorization contained in the 

9 table in section 2301(b) of the Military Construction Au10 thorization Act for Fiscal Year 2019 (division B of Public 

11 Law 115–232; 132 Stat. 2247) for Royal Air Force 

12 Lakenheath, United Kingdom, the Secretary of the Air 

13 Force may construct a 1,206 square meter maintenance 

14 facility for construction of an F–35A ADAL Conventional 

15 Munitions MX, as specified in the funding table in section 

16 4601 of such Act (132 Stat. 2400). 

17 (d) FORCE PROTECTION AND SAFETY.—The table in 

18 section 4601 of the Military Construction Authorization 

19 Act for Fiscal Year 2019 (division B of Public Law 115– 

20 232; 132 Stat. 2406) is amended in the item relating to 

21 Force Protection and Safety, Air Force, Unspecified 

22 Worldwide Locations, by striking ‘‘35,000’’ and inserting 

23 ‘‘50,000’’. 


pbinns on DSKJLVW7X2PROD with BILLS
970 

•S 4049 RS

1 SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2020 FAMILY HOUSING 

3 PROJECTS. 

4 (a) CONSTRUCTION AND ACQUISITION.—Section 

5 2302 of the Military Construction Authorization Act for 

6 Fiscal Year 2020 (Public Law 116–92) is amended— 

7 (1) by striking ‘‘Using amounts’’ and inserting 

8 ‘‘(a) PLANNING AND DESIGN.—Using amounts’’; 

9 and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) CONSTRUCTION AND ACQUISITION.—Using 

13 amounts appropriated pursuant to the authorization of ap14 propriations in section 2304(a), the Secretary of the Air 

15 Force may construct or acquire family housing units (in16 cluding land, acquisition, and supporting facilities) at the 

17 installation, in the number of units, and in the amounts 

18 set forth in the following table: 

‘‘Air Force: Family Housing 

Country Installation or Location Purpose Amount 

Germany .......... Spangdahlem Air Base ... 76 Units .............. $53,584,000’’. 

19 (b) FUNDING.—Section 2303 of the Military Con20 struction Authorization Act for Fiscal Year 2020 (Public 

21 Law 116–92) is amended by striking ‘‘$53,584,000’’ and 

22 inserting ‘‘$46,638,000’’. 


pbinns on DSKJLVW7X2PROD with BILLS
971 

•S 4049 RS

1 SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2020 PROJECTS. 

3 (a) TYNDALL AIR FORCE BASE, FLORIDA.—In the 

4 case of the authorization contained in the table in section 

5 2912(a) of the Military Construction Authorization Act 

6 for Fiscal Year 2020 (division B of Public Law 116–92) 

7 for Tyndall Air Force Base, Florida, the Secretary of the 

8 Air Force may construct— 

9 (1) not more than 4,770 square meters of air10 craft support equipment storage for construction of 

11 an Auxiliary Ground Equipment Facility, as speci12 fied in the funding table in section 4603 of such Act; 

13 (2) not more than 18,770 square meters of vis14 iting quarters for construction of Dorm Complex 

15 Phase 1, as specified in such funding table; 

16 (3) 2,127 square meters of squadron operations 

17 and 2,875 square meters of aircraft maintenance 

18 unit for construction of Ops/Aircraft Maintenance 

19 Unit/Hangar #2, as specified in such funding table; 

20 (4) 2,127 square meters of squadron operations 

21 and 2,875 square meters of aircraft maintenance 

22 unit for construction of Ops/Aircraft Maintenance 

23 Unit/Hangar #3, as specified in such funding table; 

24 (5) not more than 3,420 square meters of head25 quarters for construction of an Operations Group/ 


pbinns on DSKJLVW7X2PROD with BILLS
972 

•S 4049 RS

1 Maintenance Group HQ, as specified in such fund2 ing table; 

3 (6) not more than 930 square meters of equip4 ment storage for construction of a Security Forces 

5 Mobility Storage Facility, as specified in such fund6 ing table; 

7 (7) not more than 7,000 meters of storm water 

8 piping, box culverts, underground detention, and 

9 grading for surface detention for construction of Site 

10 Development, Utilities & Demo Phase 2, as specified 

11 in such funding table; and 

12 (8) not more than 12,471 meters of visiting 

13 quarters for construction of Lodging Facilities 

14 Phase 1, as specified in such funding table. 

15 (b) OFFUTT AIR FORCE BASE, NEBRASKA.—In the 

16 case of the authorization contained in the table in section 

17 2912(a) of the Military Construction Authorization Act 

18 for Fiscal Year 2020 (division B of Public Law 116–92) 

19 for Offutt Air Force Base, Nebraska, the Secretary of the 

20 Air Force may construct— 

21 (1) seven 2.5-megawatt diesel engine genera22 tors, seven diesel exhaust fluid systems, 15-kilovolt 

23 switchgear, two import/export inter-ties, five import24 only inter-ties, and 800 square meters of switchgear 

25 facility for construction of an Emergency Power 


pbinns on DSKJLVW7X2PROD with BILLS
973 

•S 4049 RS

1 Microgrid, as specified in the funding table in sec2 tion 4603 of such Act; 

3 (2) 2,536 square meters of warehouse for con4 struction of a Logistics Readiness Squadron Cam5 pus, as specified in such funding table; 

6 (3) 4,218 square meters of operations center 

7 and 1,343 square meters of military working dog 

8 kennel for construction of a Security Campus, as 

9 specified in such funding table; 

10 (4) 445 square meters of petroleum operations 

11 center, 268 square meters of de-icing liquid storage, 

12 and 173 square meters of warehouse for construc13 tion of a Flightline Hangars Campus, as specified in 

14 such funding table; and 

15 (5) 240 square meters of recreation complex 

16 and 270 square meters of storage for construction of 

17 a Lake Campus, as specified in such funding table. 

18 (c) JOINT BASE LANGLEY-EUSTIS, VIRGINIA.—In 

19 the case of the authorization contained in the table in sec20 tion 2912(a) of the Military Construction Authorization 

21 Act for Fiscal Year 2020 (division B of Public Law 116– 

22 92) for Joint Base Langley-Eustis, Virginia, the Secretary 

23 of the Air Force may construct up to 6,720 square meters 

24 of dormitory for construction of a Dormitory, as specified 

25 in the funding table in section 4603 of such Act. 


pbinns on DSKJLVW7X2PROD with BILLS
974 

•S 4049 RS

1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC5 TION AND LAND ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2403(a) and available for military con9 struction projects inside the United States as specified in 

10 the funding table in section 4601, the Secretary of De11 fense may acquire real property and carry out military 

12 construction projects for the installations or locations in13 side the United States, and in the amounts, set forth in 

14 the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alabama ................... Anniston Army Depot ................................... $18,000,000 

Alaska ....................... Fort Greely .................................................... $48,000,000 

Arizona ..................... Fort Huachuca .............................................. $33,728,000 

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-Fort 

Story .......................................................... $112,500,000 

Washington ............... Joint Base Lewis-McChord ........................... $21,800,000 

Manchester .................................................... $82,000,000 

15 (b) OUTSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropriaVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
975 

•S 4049 RS

1 tions in section 2403(a) and available for military con2 struction projects outside the United States as specified 

3 in the funding table in section 4601, the Secretary of De4 fense may acquire real property and carry out military 

5 construction projects for the installation or location out6 side the United States, and in the amount, set forth in 

7 the following table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Japan .................. Def Fuel Support Point Tsurumi ................. $49,500,000 

8 SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON9 SERVATION INVESTMENT PROGRAM 

10 PROJECTS. 

11 (a) INSIDE THE UNITED STATES.—Using amounts 

12 appropriated pursuant to the authorization of appropria13 tions in section 2403(a) and available for energy conserva14 tion projects as specified in the funding table in section 

15 4601, the Secretary of Defense may carry out energy con16 servation projects under chapter 173 of title 10, United 

17 States Code, for the installations or locations inside the 

18 United States, and in the amounts, set forth in the fol19 lowing table: 

ERCIP Projects: Inside the United States 

State Installation or Location Amount 

Alabama ................... Fort Rucker ................................................... $24,000,000 

Arkansas ................... Fort Smith Air National Guard Base ........... $2,600,000 

District of Columbia Joint Base Anacostia-Bolling ........................ $35,933,000 

Georgia ..................... Fort Benning ................................................. $17,000,000 

Mississippi ................ MTA Camp Shelby ........................................ $30,000,000 


pbinns on DSKJLVW7X2PROD with BILLS
976 

•S 4049 RS

ERCIP Projects: Inside the United States—Continued 

State Installation or Location Amount 

North Carolina ......... Fort Bragg .................................................... $6,100,000 

Ohio .......................... Wright-Patterson Air Force Base ................. $35,000,000 

Tennessee ................. Memphis International Airport ..................... $4,780,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a) and available for energy conserva4 tion projects as specified in the funding table in section 

5 4601, the Secretary of Defense may carry out energy con6 servation projects under chapter 173 of title 10, United 

7 States Code, for the installations or locations outside the 

8 United States, and in the amounts, set forth in the fol9 lowing table: 

ERCIP Projects: Outside the United States 

Country Installation or Location Amount 

Unspecified 

Worldwide ....... Unspecified Worldwide Locations ................. $142,500,000 

10 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE11 FENSE AGENCIES. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated for fiscal years 

14 beginning after September 30, 2020, for military con15 struction, land acquisition, and military family housing 

16 functions of the Department of Defense (other than the 

17 military departments), as specified in the funding table 

18 in section 4601. 


pbinns on DSKJLVW7X2PROD with BILLS
977 

•S 4049 RS

1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and 

4 any other cost variation authorized by law, the total cost 

5 of all projects carried out under section 2401 of this Act 

6 may not exceed the total amount authorized to be appro7 priated under subsection (a), as specified in the funding 

8 table in section 4601. 

9 TITLE XXV—INTERNATIONAL 

10 PROGRAMS 

11 Subtitle A—North Atlantic Treaty 

12 Organization Security Invest13 ment Program 

14 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

15 ACQUISITION PROJECTS. 

16 The Secretary of Defense may make contributions for 

17 the North Atlantic Treaty Organization Security Invest18 ment Program as provided in section 2806 of title 10, 

19 United States Code, in an amount not to exceed the sum 

20 of the amount authorized to be appropriated for this pur21 pose in section 2502 and the amount collected from the 

22 North Atlantic Treaty Organization as a result of con23 struction previously financed by the United States. 


pbinns on DSKJLVW7X2PROD with BILLS
978 

•S 4049 RS

1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

2 (a) AUTHORIZATION.—Funds are hereby authorized 

3 to be appropriated for fiscal years beginning after Sep4 tember 30, 2020, for contributions by the Secretary of De5 fense under section 2806 of title 10, United States Code, 

6 for the share of the United States of the cost of projects 

7 for the North Atlantic Treaty Organization Security In8 vestment Program authorized by section 2501 as specified 

9 in the funding table in section 4601. 

10 (b) AUTHORITY TO RECOGNIZE NATO AUTHORIZA11 TION AMOUNTS AS BUDGETARY RESOURCES FOR

12 PROJECT EXECUTION.—When the United States is des13 ignated as the Host Nation for the purposes of executing 

14 a project under the NATO Security Investment Program 

15 (NSIP), the Department of Defense construction agent 

16 may recognize the NATO project authorization amounts 

17 as budgetary resources to incur obligations for the pur18 poses of executing the NSIP project. 

19 SEC. 2503. EXECUTION OF PROJECTS UNDER THE NORTH 

20 ATLANTIC TREATY ORGANIZATION SECURITY 

21 INVESTMENT PROGRAM. 

22 (a) IN GENERAL.—Subchapter II of chapter 138 of 

23 title 10, United States Code, is amended by striking sec24 tion 2350m and inserting the following new section 

25 2350m: 


pbinns on DSKJLVW7X2PROD with BILLS
979 

•S 4049 RS

1 ‘‘§ 2350m. Execution of projects under the North At2 lantic Treaty Organization Security In3 vestment Program 

4 ‘‘(a) AUTHORITY TO EXECUTE PROJECTS.—When 

5 the United States is designated as the Host Nation for 

6 purposes of executing a project under the North Atlantic 

7 Treaty Organization Security Investment Program (in this 

8 section referred to as the ‘Program’), the Secretary of De9 fense may accept such designation and carry out such 

10 project consistent with the requirements of this section. 

11 ‘‘(b) PROJECT FUNDING.—The Secretary of Defense 

12 may fund authorized expenditures of projects accepted 

13 under subsection (a) with— 

14 ‘‘(1) contributions under subsection (c); 

15 ‘‘(2) appropriations of the Department of De16 fense for the Program when directed by the North 

17 Atlantic Treaty Organization to apply amounts of 

18 such appropriations as part of the share of contribu19 tions of the United States for the Program; or 

20 ‘‘(3) any combination of amounts described in 

21 paragraphs (1) and (2). 

22 ‘‘(c) AUTHORITY TO ACCEPT CONTRIBUTIONS.—(1) 

23 The Secretary of Defense may accept contributions from 

24 the North Atlantic Treaty Organization and member na25 tions of the North Atlantic Treaty Organization for the 

26 purpose of carrying out a project under subsection (a). 


pbinns on DSKJLVW7X2PROD with BILLS
980 

•S 4049 RS

1 ‘‘(2) Contributions accepted under paragraph (1) 

2 shall be placed in an account established for the purpose 

3 of carrying out the project for which the funds were pro4 vided and shall remain available until expended. 

5 ‘‘(3)(A) If contributions are made under paragraph 

6 (1) as reimbursement for a project or portion of a project 

7 previously completed by the Department of Defense, such 

8 contributions shall be credited to— 

9 ‘‘(i) the appropriations used for the project or 

10 portion thereof, if such appropriations have not yet 

11 expired; or 

12 ‘‘(ii) the appropriations for the Program, if the 

13 appropriations described in clause (i) have expired. 

14 ‘‘(B) Funding credited under subparagraph (A) shall 

15 merge with and remain available for the same purposes 

16 and duration as the appropriations to which credited. 

17 ‘‘(d) OBLIGATION AUTHORITY.—The construction 

18 agent of the Department of Defense designated by the 

19 Secretary of Defense to execute a project under subsection 

20 (a) may recognize the North Atlantic Treaty Organization 

21 project authorization amounts as budgetary resources to 

22 incur obligations against for the purposes of executing the 

23 project. 

24 ‘‘(e) INSUFFICIENT CONTRIBUTIONS.—(1) In the 

25 event that the North Atlantic Treaty Organization does 


pbinns on DSKJLVW7X2PROD with BILLS
981 

•S 4049 RS

1 not agree to contribute funding for all costs necessary for 

2 the Department of Defense to carry out a project under 

3 subsection (a), including necessary personnel costs of the 

4 construction agent designated by the Department of De5 fense, contract claims, and any conjunctive funding re6 quirements that exceed the project authorization or stand7 ards of the North Atlantic Treaty Organization, the Sec8 retary of Defense, upon determination that completion of 

9 the project is in the national interest of the United States, 

10 may fund such costs using any funds available in appro11 priations for the Program. 

12 ‘‘(2) The use of funds under paragraph (1) from ap13 propriations for the Program may be in addition to or in 

14 place of any other funding sources otherwise available for 

15 the purposes for which those funds are used. 

16 ‘‘(f) AUTHORIZED EXPENDITURES DEFINED.—In 

17 this section, the term ‘authorized expenditures’ means 

18 project expenses for which the North Atlantic Treaty Or19 ganization has agreed to contribute funding.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of subchapter II of chapter 138 of such 

22 title is amended by striking the item relating to section 

23 2350m and inserting the following new item: 

‘‘2350m. Execution of projects under the North Atlantic Treaty Organization 

Security Investment Program.’’. 

24 (c) CONFORMING REPEALS.— 


pbinns on DSKJLVW7X2PROD with BILLS
982 

•S 4049 RS

1 (1) 2019.—Section 2502 of the John S. 

2 McCain National Defense Authorization Act for Fis3 cal Year 2019 (Public Law 115–232; 132 Stat. 

4 2252) is amended— 

5 (A) in subsection (a)— 

6 (i) by striking ‘‘(a) AUTHORIZA7 TION.—Funds’’ and inserting ‘‘Funds’’; 

8 and 

9 (ii) by striking the second sentence; 

10 and 

11 (B) by striking subsection (b). 

12 (2) 2020.—Section 2502 of the National De13 fense Authorization Act for Fiscal Year 2020 (Pub14 lic Law 116–92) is amended— 

15 (A) in subsection (a), by striking ‘‘(a) AU16 THORIZATION.—Funds’’ and inserting 

17 ‘‘Funds’’; and 

18 (B) by striking subsection (b). 

19 Subtitle B—Host Country In-Kind 

20 Contributions 

21 SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION 

22 PROJECTS. 

23 Pursuant to agreement with the Republic of Korea 

24 for required in-kind contributions, the Secretary of De25 fense may accept military construction projects for the inVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
983 

•S 4049 RS

1 stallations or locations in the Republic of Korea, and in 

2 the amounts, set forth in the following table: 

Republic of Korea Funded Construction Projects 

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 .... Relocate Munitions Storage Area Delta (Phase 

1) ................................... $84,000,000 

Defense-Wide Camp Humphreys Elementary School ............ $58,000,000 

3 SEC. 2512. QATAR FUNDED CONSTRUCTION PROJECTS. 

4 Pursuant to agreement with the State of Qatar for 

5 required in-kind contributions, the Secretary of Defense 

6 may accept military construction projects for the installa7 tion in the State of Qatar, and in the amounts, set forth 

8 in the following table: 

State of Qatar Funded Construction Projects 

Component Installation or 

Location Project Amount 

Air Force ........ Al Udeid ............. Billet (A12) ....................... $63,000,000 

Air Force ........ Al Udeid ............. Billet (B12) ....................... $63,000,000 

Air Force ........ Al Udeid ............. Billet (D10) ....................... $77,000,000 

Air Force ........ Al Udeid ............. Billet (009) ....................... $77,000,000 

Air Force ........ Al Udeid ............. Billet (007) ....................... $77,000,000 

Air Force ........ Al Udeid ............. Armory/Mount ................... $7,200,000 

Air Force ........ Al Udeid ............. Billet (A06) ....................... $77,000,000 

Air Force ........ Al Udeid ............. Dining Facility .................. $14,600,000 

Air Force ........ Al Udeid ............. Billet (BOS) ...................... $77,000,000 

Air Force ........ Al Udeid ............. Billet (B04) ....................... $77,000,000 

Air Force ........ Al Udeid ............. Billet (A04) ....................... $77,000,000 

Air Force ........ Al Udeid ............. Billet (AOS) ...................... $77,000,000 

Air Force ........ Al Udeid ............. Dining Facility .................. $14,600,000 

Air Force ........ Al Udeid ............. MSG (Base Operations 

Support Facility) ........... $9,300,000 


pbinns on DSKJLVW7X2PROD with BILLS
984 

•S 4049 RS

State of Qatar Funded Construction Projects—Continued 

Component Installation or 

Location Project Amount 

Air Force ........ Al Udeid ............. ITN (Communications Facility) ............................. $3,500,000 

1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON4 STRUCTION AND LAND ACQUISITION 

5 PROJECTS. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2606 and available for 

8 the National Guard and Reserve as specified in the fund9 ing table in section 4601, the Secretary of the Army may 

10 acquire real property and carry out military construction 

11 projects for the Army National Guard installations or lo12 cations inside the United States, and in the amounts, set 

13 forth in the following table: 

Army National Guard 

State Installation or Location Amount 

Arizona .................... Tucson .......................................................... $18,100,000 

Arkansas .................. Fort Chaffee ................................................. $15,000,000 

California ................. Bakersfield ................................................... $9,300,000 

Colorado ................... Peterson Air Force Base .............................. $15,000,000 

Indiana .................... Shelbyville .................................................... $12,000,000 

Kentucky .................. Frankfort ..................................................... $15,000,000 

Mississippi ............... Brandon ....................................................... $10,400,000 

Nebraska .................. North Platte ................................................. $9,300,000 

New Jersey .............. Joint Base McGuire-Dix-Lakehurst ............. $15,000,000 

Ohio ......................... Columbus ...................................................... $15,000,000 

Oklahoma ................. Ardmore ....................................................... $9,800,000 

Oregon ..................... Hermiston .................................................... $25,035,000 

Puerto Rico .............. Fort Allen ..................................................... $37,000,000 

South Carolina ......... Joint Base Charleston .................................. $15,000,000 

Tennessee ................ McMinnville .................................................. $11,200,000 

Texas ....................... Fort Worth ................................................... $13,800,000 

Utah ......................... Nephi ............................................................ $12,000,000 

Virgin Islands .......... St. Croix ....................................................... $39,400,000 

Wisconsin ................. Appleton ....................................................... $11,600,000 


pbinns on DSKJLVW7X2PROD with BILLS
985 

•S 4049 RS

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Army may 

7 acquire real property and carry out military construction 

8 projects for the Army Reserve installations or locations in9 side the United States, and in the amounts, set forth in 

10 the following table: 

Army Reserve 

State Installation or Location Amount 

Florida .............................. Gainesville ............................................ $36,000,000 

Massachusetts .................. Devens Reserve Forces Training Area $8,700,000 

North Carolina ................. Asheville ............................................... $24,000,000 

Wisconsin ......................... Fort McCoy ......................................... $17,100,000 

11 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

12 CORPS RESERVE CONSTRUCTION AND LAND 

13 ACQUISITION PROJECTS. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2606 and available for 

16 the National Guard and Reserve as specified in the fund17 ing table in section 4601, the Secretary of the Navy may 

18 acquire real property and carry out military construction 

19 projects for the Navy Reserve and Marine Corps Reserve 

20 installations or locations inside the United States, and in 

21 the amounts, set forth in the following table: 


pbinns on DSKJLVW7X2PROD with BILLS
986 

•S 4049 RS

Navy Reserve and Marine Corps Reserve 

State Installation or Location Amount 

Maryland .......................... Reisterstown ........................................ $39,500,000 

Minnesota ......................... Naval Operational Support Center 

Minneapolis.

$12,800,000 

Utah ................................. Hill Air Force Base ............................. $25,010,000 

1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the Air National Guard installations or 

9 locations inside the United States, and in the amounts, 

10 set forth in the following table: 

Air National Guard 

State Installation or Location Amount 

Alabama ........................... Montgomery Regional Airport ............. $23,600,000 

Guam ................................ Joint Region Marianas ........................ $20,000,000 

Maryland .......................... Joint Base Andrews ............................ $9,400,000 

North Dakota ................... Hector International Airport ............... $17,500,000 

Texas ................................ Joint Base San Antonio ...................... $10,800,000 

11 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2606 and available for 

15 the National Guard and Reserve as specified in the fund16 ing table in section 4601, the Secretary of the Air Force 

17 may acquire real property and carry out military construcVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
987 

•S 4049 RS

1 tion projects for the installation inside the United States, 

2 and in the amount, set forth in the following table: 

Air Force Reserve 

State Installation Amount 

Texas ................................ Joint Reserve Base Fort Worth .......... $39,200,000 

3 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA4 TIONAL GUARD AND RESERVE. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2020, for the 

7 costs of acquisition, architectural and engineering services, 

8 and construction of facilities for the Guard and Reserve 

9 Forces, and for contributions therefor, under chapter 

10 1803 of title 10, United States Code (including the cost 

11 of acquisition of land for those facilities), as specified in 

12 the funding table in section 4601. 

13 SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT 

14 FISCAL YEAR 2020 PROJECT IN ALABAMA. 

15 In the case of the authorization contained in the table 

16 in section 2601 of the Military Construction Authorization 

17 Act for Fiscal Year 2020 (division B of Public Law 116– 

18 92) for Anniston Army Depot, Alabama, for construction 

19 of an Enlisted Transient Barracks as specified in the 

20 funding table in section 4601 of such Act, the Secretary 

21 of the Army may construct a training barracks at Fort 

22 McClellan, Alabama. 


pbinns on DSKJLVW7X2PROD with BILLS
988 

•S 4049 RS

1 TITLE XXVII—BASE REALIGN2 MENT AND CLOSURE ACTIVI3 TIES 

4 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

5 BASE REALIGNMENT AND CLOSURE ACTIVI6 TIES FUNDED THROUGH DEPARTMENT OF 

7 DEFENSE BASE CLOSURE ACCOUNT. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2020, for base 

10 realignment and closure activities, including real property 

11 acquisition and military construction projects, as author12 ized by the Defense Base Closure and Realignment Act 

13 of 1990 (part A of title XXIX of Public Law 101–510; 

14 10 U.S.C. 2687 note) and funded through the Department 

15 of Defense Base Closure Account established by section 

16 2906 of such Act (as amended by section 2711 of the Mili17 tary Construction Authorization Act for Fiscal Year 2013 

18 (division B of Public Law 112–239; 126 Stat. 2140)), as 

19 specified in the funding table in section 4601. 

20 SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL 

21 BASE REALIGNMENT AND CLOSURE (BRAC) 

22 ROUND. 

23 Nothing in this Act shall be construed to authorize 

24 an additional Base Realignment and Closure (BRAC) 

25 round. 


pbinns on DSKJLVW7X2PROD with BILLS
989 

•S 4049 RS

1 TITLE XXVIII—MILITARY CON2 STRUCTION AND GENERAL 

3 PROVISIONS 

4 Subtitle A—Military Construction 

5 Program 

6 SEC. 2801. RESPONSIBILITY OF NAVY FOR MILITARY CON7 STRUCTION REQUIREMENTS FOR CERTAIN 

8 FLEET READINESS CENTERS. 

9 In the case in which a Fleet Readiness Center is a 

10 tenant command aboard an installation of the Marine 

11 Corps, the Navy shall be responsible for programming, re12 questing, and executing any military construction require13 ments for the Fleet Readiness Center. 

14 SEC. 2802. CONSTRUCTION OF GROUND-BASED STRATEGIC 

15 DETERRENT LAUNCH FACILITIES AND 

16 LAUNCH CENTERS FOR AIR FORCE. 

17 (a) AUTHORITY TO CARRY OUT PROJECTS.—Subject 

18 to subsections (b) and (d) and within the amount appro19 priated for such purpose, the Secretary of the Air Force 

20 may carry out military construction projects to convert 

21 Minuteman III launch facilities and launch centers to 

22 ground-based strategic deterrent configurations. 

23 (b) MASTER PLAN.— 

24 (1) IN GENERAL.—Prior to the authority under 

25 subsection (a) being available for use, the Secretary 


pbinns on DSKJLVW7X2PROD with BILLS
990 

•S 4049 RS

1 of the Air Force shall submit to the congressional 

2 defense committees a master plan, broken out by 

3 year and location, for the planned launch facilities 

4 and launch centers to be converted to ground-based 

5 strategic deterrent configurations pursuant to a 

6 project under this section. 

7 (2) SPENDING PLAN.—The master plan sub8 mitted under paragraph (1) shall include a spending 

9 plan with estimated amounts to be requested with 

10 respect to each planned location for conversion to 

11 ground-based strategic deterrent configurations. 

12 (c) MANAGEMENT OF DESIGN AND CONSTRUC13 TION.—The Secretary of the Air Force may select a single, 

14 prime contractor to manage the design and construction 

15 phases of projects carried out under subsection (a). 

16 (d) CONGRESSIONAL NOTIFICATION.— 

17 (1) REPORT.—When a decision is made to 

18 carry out a project under subsection (a) and before 

19 carrying out such project, the Secretary of the Air 

20 Force shall submit to the congressional defense com21 mittees a report on that decision. 

22 (2) ELEMENTS.—Subject to paragraph (3), the 

23 report submitted under paragraph (1) with respect 

24 to a project under subsection (a) shall include a jusVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
991 

•S 4049 RS

1 tification for carrying out the project and a complete 

2 Department of Defense Form 1391 for the project. 

3 (3) SINGLE SUBMISSION.—The Secretary of the 

4 Air Force may group multiple locations at which a 

5 project is to be carried out under subsection (a) into 

6 a single submission on a Department of Defense 

7 Form 1391 to allow all included locations to be con8 sidered as a single project. 

9 (e) FUNDING.—In fiscal year 2021, the Secretary of 

10 the Air Force may expend amounts available to the Sec11 retary for research, development, test, and evaluation for 

12 the purposes of planning and design to support the 

13 projects described in subsection (a). 

14 (f) EXISTING AUTHORITIES.—The Secretary of the 

15 Air Force shall use existing authorities, as applicable, to 

16 carry out this section, including sections 2304 and 2853 

17 of title 10, United States Code. 

18 Subtitle B—Military Family 

19 Housing 

20 SEC. 2821. PROHIBITION ON SUBSTANDARD FAMILY HOUS21 ING UNITS. 

22 (a) IN GENERAL.—Subchapter II of chapter 169 of 

23 title 10, United States Code, is amended by striking sec24 tion 2830 and inserting the following new section: 


pbinns on DSKJLVW7X2PROD with BILLS
992 

•S 4049 RS

1 ‘‘§ 2830. Prohibition on substandard family housing 

2 units 

3 ‘‘The Secretary concerned may not lease a sub4 standard family housing unit to a member of a uniformed 

5 service for occupancy by such member.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of subchapter II of such chapter is 

8 amended by striking the item relating to section 2830 and 

9 inserting the following new item: 

‘‘2830. Prohibition on substandard family housing units.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on October 1, 2021. 

12 SEC. 2822. TECHNICAL CORRECTIONS TO PRIVATIZED MILI13 TARY HOUSING PROGRAM. 

14 (a) CHIEF HOUSING OFFICER.—Section 2890a of 

15 title 10, United States Code— 

16 (1) is amended— 

17 (A) in subsection (a)(1), by striking ‘‘hous18 ing units’’ and inserting ‘‘all military housing’’; 

19 and 

20 (B) in subsection (b)(1), in the matter pre21 ceding subparagraph (A), by striking ‘‘under 

22 subchapter IV and this subchapter’’ and insert23 ing ‘‘by the Department of Defense under this 

24 chapter’’; 


pbinns on DSKJLVW7X2PROD with BILLS
993 

•S 4049 RS

1 (2) is transferred so as to appear at the end of 

2 subchapter III of chapter 169 of such title; and 

3 (3) is redesignated as section 2870a. 

4 (b) PRIVATIZED HOUSING REFORM.—Subchapter V 

5 of chapter 169 of such title is amended— 

6 (1) in section 2890— 

7 (A) in subsection (b)(15), by striking ‘‘and 

8 held in escrow’’; 

9 (B) in subsection (e)(2), in the matter pre10 ceding subparagraph (A), by inserting ‘‘a’’ be11 fore ‘‘landlord’’; and 

12 (C) in subsection (f)(2)— 

13 (i) by striking ‘‘executed as’’ and in14 serting ‘‘executed— 

15 ‘‘(A) as’’; 

16 (ii) in subparagraph (A), as des17 ignated by clause (i), by striking the period 

18 at the end and inserting ‘‘; or’’; and 

19 (iii) by adding at the end the fol20 lowing new subparagraph: 

21 ‘‘(B) to avoid litigation if the tenant has re22 tained legal counsel or has sought military legal as23 sistance under section 1044 of this title.’’; 

24 (2) in section 2891— 

25 (A) in subsection (e)— 


pbinns on DSKJLVW7X2PROD with BILLS
994 

•S 4049 RS

1 (i) in paragraph (1)— 

2 (I) in the matter preceding sub3 paragraph (A), by inserting ‘‘unit’’ 

4 after ‘‘different housing’’; 

5 (II) in subparagraph (B), by in6 serting ‘‘the’’ before ‘‘tenant’’; and 

7 (ii) in paragraph (2)(B), by inserting 

8 ‘‘the’’ before ‘‘tenant’’; 

9 (3) in section 2891a— 

10 (A) in subsection (b)(2), by adding a pe11 riod at the end; 

12 (B) in subsection (d)(11)— 

13 (i) by striking ‘‘A landlord’’ and in14 serting ‘‘Upon request by a prospective 

15 tenant, a landlord’’; and 

16 (ii) by striking ‘‘prospective tenants to 

17 housing units’’ and inserting ‘‘the prospec18 tive tenant to a housing unit’’; and 

19 (C) in subsection (e)(2)(B) by striking 

20 ‘‘the any’’ and inserting ‘‘any’’; 

21 (4) in section 2892a— 

22 (A) by striking ‘‘The Secretary concerned’’ 

23 and inserting ‘‘(a) IN GENERAL.—The Sec24 retary concerned’’; 


pbinns on DSKJLVW7X2PROD with BILLS
995 

•S 4049 RS

1 (B) by striking ‘‘years. In this section’’ 

2 and inserting ‘‘years. 

3 ‘‘(b) MAINTENANCE DEFINED.—In this section’’; 

4 (C) in subsection (a), as designated by 

5 subparagraph (A), by striking ‘‘housing unit, 

6 before the prospective tenant’’ and all that fol7 lows through the period at the end and insert8 ing ‘‘housing unit— 

9 ‘‘(1) not later than five business days before the 

10 prospective tenant is asked to sign the lease, a sum11 mary of maintenance conducted with respect to that 

12 housing unit for the previous seven years; and 

13 ‘‘(2) not later than two business days after re14 quested by the prospective tenant, all information re15 garding maintenance conducted with respect to that 

16 housing unit during such period.’’; and 

17 (D) in subsection (b), as designated by 

18 subparagraph (B), by striking ‘‘such period’’ 

19 and inserting ‘‘the period specified in subsection 

20 (a)(1)’’; 

21 (5) in section 2893, by striking ‘‘propensity 

22 for’’ and inserting ‘‘pattern of’’; and 

23 (6) in section 2894— 

24 (A) in subsection (b), by adding at the end 

25 the following new paragraph: 


pbinns on DSKJLVW7X2PROD with BILLS
996 

•S 4049 RS

1 ‘‘(6) The dispute resolution process shall require the 

2 installation or regional commander (as the case may be) 

3 to record each dispute in the complaint database estab4 lished under section 2894a of this title.’’; 

5 (B) in subsection (c)— 

6 (i) in paragraph (1), in the matter 

7 preceding subparagraph (A), by striking 

8 ‘‘24 hours’’ and inserting ‘‘two business 

9 days’’; 

10 (ii) in paragraph (3)— 

11 (I) by inserting ‘‘business’’ before 

12 ‘‘days’’; and 

13 (II) by inserting ‘‘, such office’’ 

14 before ‘‘shall complete’’; 

15 (iii) in paragraph (4), in the matter 

16 preceding subparagraph (A), by inserting 

17 ‘‘, at a minimum,’’ before ‘‘the following 

18 persons’’; 

19 (iv) in paragraph (5)— 

20 (I) by inserting ‘‘calendar’’ before 

21 ‘‘days’’ each place it appears; and 

22 (II) in subparagraph (B), by 

23 striking ‘‘30-day period’’ and inserting 

24 ‘‘30-calendar-day period’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
997 

•S 4049 RS

1 (v) by striking paragraph (6) and in2 serting the following new paragraph (6): 

3 ‘‘(6) Except as provided in paragraph (5)(B), a final 

4 decision shall be transmitted to the tenant, landlord, and 

5 the installation or regional commander (as the case may 

6 be) not later than 30 calendar days after the request was 

7 submitted.’’; and 

8 (C) in subsection (e)— 

9 (i) by striking paragraph (3); 

10 (ii) by redesignating paragraph (2) as 

11 paragraph (3); 

12 (iii) in paragraph (1), in the matter 

13 preceding subparagraph (A), by striking ‘‘, 

14 the tenant may’’ and all that follows 

15 through ‘‘in which—’’ and inserting ‘‘re16 garding maintenance guidelines or proce17 dures or habitability, the tenant may re18 quest that all or part of the payments de19 scribed in paragraph (3) for lease of the 

20 housing unit be segregated and not used 

21 by the property owner, property manager, 

22 or landlord pending completion of the dis23 pute resolution process. 


pbinns on DSKJLVW7X2PROD with BILLS
998 

•S 4049 RS

1 ‘‘(2) The amount allowed to be withheld under para2 graph (1) shall be limited to amounts associated with the 

3 period in which—’’; and 

4 (iv) in paragraph (3), as redesignated 

5 by clause (ii), by striking ‘‘Paragraph (1)’’ 

6 and inserting ‘‘This subsection’’. 

7 (c) REPORTS.—Section 2884(c)(10) of such title is 

8 amended by striking ‘‘specific analysis’’ and all that fol9 lows through the period at the end and inserting ‘‘list of 

10 dispute resolution cases by installation and the final out11 come of each such case.’’. 

12 (d) PAYMENT AUTHORITY.—Section 606(a) of the 

13 John S. McCain National Defense Authorization Act for 

14 Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871 

15 note) is amended— 

16 (1) in paragraph (1)(A), by inserting ‘‘month17 ly’’ before ‘‘payments’’; 

18 (2) in paragraph (2)(A), by striking ‘‘payments 

19 to’’ and all that follows through ‘‘subparagraph (C)’’ 

20 and inserting ‘‘monthly payments, under such terms 

21 and in such amounts as determined by the Sec22 retary, to one of more lessors responsible for under23 funded MHPI housing projects identified pursuant 

24 to subparagraph (C) under the jurisdiction of the 

25 Secretary’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
999 

•S 4049 RS

1 (3) in paragraph (3)(B), by inserting ‘‘that’’ be2 fore ‘‘require’’. 

3 (e) SUSPENSION OF RESIDENT ENERGY CONSERVA4 TION PROGRAM.—Section 3063(b) of the National De5 fense Authorization Act for Fiscal Year 2020 (Public Law 

6 116–92) is amended— 

7 (1) by striking ‘‘on the installation military 

8 housing unit’’; and 

9 (2) by striking ‘‘on the’’ and inserting ‘‘covered 

10 by a program suspended under subsection (a) on 

11 that’’. 

12 (f) CLERICAL AMENDMENTS.— 

13 (1) CHIEF HOUSING OFFICER.— 

14 (A) ADDITION.—The table of sections at 

15 the beginning of subchapter III of chapter 169 

16 of title 10, United States Code, is amended by 

17 inserting after the item relating to section 2870 

18 the following new item: 

‘‘2870a. Chief Housing Officer.’’. 

19 (B) REPEAL.—The table of sections at the 

20 beginning of subchapter V of chapter 169 of 

21 such title is amended by striking the item relat22 ing to section 2890a. 

23 (2) DISCLOSURE OF PERSONALLY IDENTIFI24 ABLE INFORMATION.—The table of sections at the 

25 beginning of subchapter V of such title is amended 


pbinns on DSKJLVW7X2PROD with BILLS
1000 

•S 4049 RS

1 by striking the item relating to section 2892b and 

2 inserting the following new item: 

‘‘2892b. Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance.’’. 

3 SEC. 2823. REQUIREMENT THAT SECRETARY OF DEFENSE 

4 IMPLEMENT RECOMMENDATIONS RELATING 

5 TO MILITARY FAMILY HOUSING CONTAINED 

6 IN REPORT BY INSPECTOR GENERAL OF DE7 PARTMENT OF DEFENSE. 

8 Not later than 90 days after the date of the enact9 ment of this Act, the Secretary of Defense shall implement 

10 the recommendations of the Inspector General of the De11 partment of Defense contained in the report of the Inspec12 tor General dated April 30, 2020, and entitled ‘‘Evalua13 tion of the DoD’s Management of Health and Safety Haz14 ards in Government-Owned and Government-Controlled 

15 Military Family Housing’’. 

16 Subtitle C—Project Management 

17 and Oversight Reforms 

18 SEC. 2841. PROMOTION OF ENERGY RESILIENCE AND EN19 ERGY SECURITY IN PRIVATIZED UTILITY SYS20 TEMS. 

21 (a) UTILITY PRIVATIZATION CONTRACT RENEW22 ALS.—Section 2688(d)(2) of title 10, United States Code, 

23 is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
1001 

•S 4049 RS

1 (1) in the first sentence, by inserting ‘‘or the 

2 renewal of such a contract’’ after ‘‘paragraph (1)’’; 

3 and 

4 (2) by adding at the end the following new sen5 tence: ‘‘A renewal of a contract pursuant to this 

6 paragraph may be entered into only within the last 

7 5 years of the existing contract term.’’. 

8 (b) USE OF ERCIP FUNDS ON PRIVATIZED UTILITY

9 SYSTEMS.—Section 2914 of such title is amended— 

10 (1) by redesignating subsection (c) as sub11 section (d); and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection (c): 

14 ‘‘(c) USE OF CERTAIN OTHER AUTHORITIES.—A 

15 project under this section may be— 

16 ‘‘(1) carried out in conjunction with the au17 thorities provided in subsections (j), and (k) of sec18 tion 2688 of this title and section 2913 of this title, 

19 notwithstanding that the United States does not own 

20 a utility system covered by the project; or 

21 ‘‘(2) included as a separate requirement in a 

22 contract entered into pursuant to title VIII of the 

23 National Energy Conservation Policy Act (42 U.S.C. 

24 8287 et seq.).’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1002 

•S 4049 RS

1 SEC. 2842. CONSIDERATION OF ENERGY SECURITY AND EN2 ERGY RESILIENCE IN LIFE-CYCLE COST FOR 

3 MILITARY CONSTRUCTION. 

4 (a) IN GENERAL.—Subchapter I of chapter 169 of 

5 title 10, United States Code, is amended by inserting after 

6 section 2815 the following new section: 

7 ‘‘§ 2816. Consideration of energy security and energy 

8 resilience in life-cycle cost for military 

9 construction 

10 ‘‘(a) IN GENERAL.—(1) The Secretary concerned, 

11 when evaluating the life-cycle designed cost of a covered 

12 military construction project, shall include as a facility re13 quirement the long-term consideration of energy security 

14 and energy resilience that would ensure that the resulting 

15 facility is capable of continuing to perform its missions, 

16 during the life of the facility, in the event of a natural 

17 or human-caused disaster, an attack, or any other un18 planned event that would otherwise interfere with the abil19 ity of the facility to perform its missions. 

20 ‘‘(2) A facility requirement under paragraph (1) shall 

21 not be weighed, for cost purposes, against other facility 

22 requirements in determining the design of the facility. 

23 ‘‘(b) INCLUSION IN THE BUILDING LIFE-CYCLE COST

24 PROGRAM.—The Secretary shall include the requirements 

25 of subsection (a) in applying the latest version of the 

26 building life-cycle cost program, as developed by the NaVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1003 

•S 4049 RS

1 tional Institute of Standards and Technology, to consider 

2 on-site distributed energy assets in a building design for 

3 a covered military construction project. 

4 ‘‘(c) COVERED MILITARY CONSTRUCTION PROJECT

5 DEFINED.—(1) In this section, the term ‘covered military 

6 construction project’ means a military construction project 

7 for a facility that is used to perform critical functions dur8 ing a natural or human-caused disaster, an attack, or any 

9 other unplanned event. 

10 ‘‘(2) For purposes of paragraph (1), the term ‘facil11 ity’ includes any of the following: 

12 ‘‘(A) Operations centers. 

13 ‘‘(B) Nuclear command and control facilities. 

14 ‘‘(C) Integrated strategic and tactical warning 

15 and attack assessment facilities. 

16 ‘‘(D) Continuity of government facilities. 

17 ‘‘(E) Missile defense facilities. 

18 ‘‘(F) Air defense facilities. 

19 ‘‘(G) Hospitals. 

20 ‘‘(H) Armories and readiness centers of the Na21 tional Guard. 

22 ‘‘(I) Communications facilities. 

23 ‘‘(J) Satellite and missile launch and control fa24 cilities.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1004 

•S 4049 RS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of subchapter I of such chapter is amend3 ed by inserting after the item relating to section 2815 the 

4 following new item: 

‘‘2816. Consideration of energy security and energy resilience in life-cycle cost 

for military construction.’’. 

5 Subtitle D—Land Conveyances 

6 SEC. 2861. RENEWAL OF FALLON RANGE TRAINING COM7 PLEX LAND WITHDRAWAL AND RESERVA8 TION. 

9 Notwithstanding section 3015 of the Military Lands 

10 Withdrawal Act of 1999 (title XXX of Public Law 106– 

11 65; 113 Stat. 892), the withdrawal and reservation of 

12 lands (known as the Fallon Range Training Complex) 

13 made by section 3011(a) of such Act (113 Stat. 885) shall 

14 terminate on November 6, 2041. 

15 SEC. 2862. RENEWAL OF NEVADA TEST AND TRAINING 

16 RANGE LAND WITHDRAWAL AND RESERVA17 TION. 

18 Notwithstanding section 3015 of the Military Lands 

19 Withdrawal Act of 1999 (title XXX of Public Law 106– 

20 65; 113 Stat. 892), the withdrawal and reservation of 

21 lands (known as the Nevada Test and Training Range) 

22 made by section 3011(b) of such Act (113 Stat. 886) shall 

23 terminate on November 6, 2041. 


pbinns on DSKJLVW7X2PROD with BILLS
1005 

•S 4049 RS

1 SEC. 2863. TRANSFER OF LAND UNDER THE ADMINISTRA2 TIVE JURISDICTION OF THE DEPARTMENT 

3 OF THE INTERIOR WITHIN NAVAL SUPPORT 

4 ACTIVITY PANAMA CITY, FLORIDA. 

5 (a) AUTHORITY.—The Secretary of the Interior shall 

6 transfer to the Secretary of the Navy, without consider7 ation, approximately 1.23 acres of land within Naval Sup8 port Activity Panama City, Florida, that are used on the 

9 day before the date of the enactment of this Act by the 

10 Department of the Navy pursuant to Executive Order 

11 10355 (17 Fed. Reg. 4831; relating to delegating to the 

12 Secretary of the Interior the authority of the President 

13 to withdraw or reserve lands of the United States for pub14 lic purposes) and the public land order entitled ‘‘Public 

15 Land Order 952’’ (19 Fed. Reg. 2085 (April 10, 1954)). 

16 (b) STATUS OF FEDERAL LAND AFTER TRANS17 FER.—Upon completion of a transfer to the Secretary of 

18 the Navy of a parcel of land under subsection (a), the par19 cel received by the Secretary of the Navy shall cease to 

20 be public land and shall be treated as property (as defined 

21 in section 102(9) of title 40, United States Code) under 

22 the administrative jurisdiction of the Secretary of the 

23 Navy. 

24 (c) REIMBURSEMENT.—The Secretary of the Navy 

25 shall reimburse the Secretary of the Interior for any costs 

26 incurred by the Secretary of the Interior for preparing a 


pbinns on DSKJLVW7X2PROD with BILLS
1006 

•S 4049 RS

1 legal description of the land to be transferred under sub2 section (a). 

3 SEC. 2864. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA. 

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

5 the Army (in this section referred to as the ‘‘Secretary’’) 

6 may convey, without consideration, to the State of Arizona 

7 Department of Emergency and Military Affairs (in this 

8 section referred to as the ‘‘State’’), all right, title, and in9 terest of the United States in and to a parcel of real prop10 erty (in this section referred to as the ‘‘Property’’), includ11 ing any improvements thereon, consisting of not more 

12 than 3,000 acres at Camp Navajo, Arizona, for the pur13 pose of permitting the State to use the Property for— 

14 (1) training the Arizona Army and Air National 

15 Guard; and 

16 (2) defense industrial base economic develop17 ment purposes that are compatible with the environ18 mental security and primary National Guard train19 ing purpose of Camp Navajo. 

20 (b) CONDITIONS ON CONVEYANCE.—The conveyance 

21 authorized by subsection (a) shall be subject to the fol22 lowing conditions: 

23 (1) USE OF REVENUES.—The State shall use 

24 all revenues generated by uses of the Property to 

25 support the training requirements of the Arizona 


pbinns on DSKJLVW7X2PROD with BILLS
1007 

•S 4049 RS

1 Army and Air National Guard, to include necessary 

2 infrastructure maintenance and capital improve3 ments. 

4 (2) AUDIT.—The United States Property and 

5 Fiscal Office for the State of Arizona shall periodi6 cally audit all revenues generated by uses of the 

7 Property and all uses of such revenue, and shall pro8 vide the audit results to the Chief of the National 

9 Guard Bureau. 

10 (c) REVERSIONARY INTEREST.— 

11 (1) IN GENERAL.—If the Secretary determines 

12 at any time that the Property is not being used in 

13 accordance with the purpose of the conveyance au14 thorized by subsection (a), or that the State has not 

15 complied with the conditions specified in subsection 

16 (b), all right, title, and interest in and to the Prop17 erty, including any improvements thereto, shall, at 

18 the option of the Secretary, revert to and become the 

19 property of the United States, and the United States 

20 shall have the right of immediate entry onto the 

21 Property. 

22 (2) RECORD.—A determination by the Sec23 retary under paragraph (1) shall be made on the 

24 record after an opportunity for a hearing. 

25 (d) ALTERNATIVE CONSIDERATION OPTION.— 


pbinns on DSKJLVW7X2PROD with BILLS
1008 

•S 4049 RS

1 (1) CONSIDERATION OPTION.—In lieu of exer2 cising the reversionary interest under subsection (c), 

3 the Secretary may accept an offer by the State to 

4 pay to the United States an amount equal to the fair 

5 market value of the Property, excluding the value of 

6 any improvements on the Property constructed with7 out Federal funds after the date of the conveyance 

8 authorized by subsection (a), as determined by the 

9 Secretary. 

10 (2) TREATMENT OF CONSIDERATION RE11 CEIVED.—Consideration received by the Secretary 

12 under paragraph (1) shall be deposited in the special 

13 account in the Treasury established for the Sec14 retary under subsection (e) of section 2667 of title 

15 10, United States Code, and shall be available to the 

16 Secretary for the same uses and subject to the same 

17 limitations as provided in that section. 

18 (e) PAYMENT OF COST OF CONVEYANCE.— 

19 (1) PAYMENT REQUIRED.— 

20 (A) IN GENERAL.—The Secretary shall re21 quire the State to cover costs to be incurred by 

22 the Secretary, or to reimburse the Secretary for 

23 such costs incurred by the Secretary, to carry 

24 out the conveyance under subsection (a), includ25 ing survey costs, costs for environmental docuVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1009 

•S 4049 RS

1 mentation related to the conveyance, and any 

2 other administrative costs related to the convey3 ance. 

4 (B) REFUND OF EXCESS AMOUNTS.—If 

5 amounts are collected from the State in ad6 vance of the Secretary incurring the actual 

7 costs, and the amount collected exceeds the 

8 costs actually incurred by the Secretary to carry 

9 out the conveyance, the Secretary shall refund 

10 the excess amount to the State. 

11 (2) TREATMENT OF AMOUNTS RECEIVED.— 

12 Amounts received as reimbursement under para13 graph (1)(A) shall be credited to the fund or account 

14 that was used to cover those costs incurred by the 

15 Secretary in carrying out the conveyance or, if the 

16 period of availability for obligations for that appro17 priation has expired, to the appropriations or fund 

18 that is currently available to the Secretary for the 

19 same purpose. Amounts so credited shall be merged 

20 with amounts in such fund or account, and shall be 

21 available for the same purposes, and subject to the 

22 same conditions and limitations, as amounts in such 

23 fund or account. 


pbinns on DSKJLVW7X2PROD with BILLS
1010 

•S 4049 RS

1 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

2 and legal description of the Property shall be determined 

3 by a survey satisfactory to the Secretary. 

4 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

5 Secretary may require such additional terms and condi6 tions in connection with the conveyance as the Secretary 

7 considers appropriate to protect the interests of the 

8 United States. 

9 (h) ENVIRONMENTAL OBLIGATIONS.—Nothing in 

10 this section shall be construed as alleviating, altering, or 

11 affecting the responsibility of the United States for clean12 up and remediation of the Property in accordance with— 

13 (1) the Defense Environmental Restoration 

14 Program under section 2701(a)(1) of title 10, 

15 United States Code; and 

16 (2) the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42 

18 U.S.C. 9601 et seq.). 

19 Subtitle E—Other Matters 

20 SEC. 2881. MILITARY FAMILY READINESS CONSIDERATIONS 

21 IN BASING DECISIONS. 

22 (a) TAKING OF CONSIDERATIONS INTO ACCOUNT

23 REQUIRED.—In determining whether to proceed with any 

24 basing decision in the United States after the date of the 

25 enactment of this Act, the Secretary of the military deVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1011 

•S 4049 RS

1 partment concerned shall take into account, among such 

2 other factors as such Secretary considers appropriate, the 

3 military family readiness considerations specified in sub4 section (b). 

5 (b) MILITARY FAMILY READINESS CONSIDER6 ATIONS.—The military family readiness considerations 

7 specified in this subsection are the following: 

8 (1) INTERSTATE PORTABILITY OF PROFES9 SIONAL LICENSURE AND CERTIFICATION CREDEN10 TIALS.—The extent to which the State in which the 

11 installation subject to the basing decision is or will 

12 be located accepts as valid professional licensure and 

13 certification credentials obtained in other States, in14 cluding professional licensure and certification cre15 dentials in the following professional fields (and any 

16 subfield of such field): 

17 (A) Accounting. 

18 (B) Cosmetology. 

19 (C) Emergency medical service. 

20 (D) Engineering. 

21 (E) Law. 

22 (F) Nursing. 

23 (G) Physical therapy. 

24 (H) Psychology. 

25 (I) Teaching. 


pbinns on DSKJLVW7X2PROD with BILLS
1012 

•S 4049 RS

1 (J) Such other professional fields (and 

2 subfields of such fields) as the Secretary of De3 fense shall specify for purposes of this para4 graph. 

5 (2) PUBLIC EDUCATION.—The extent to which 

6 public education is available and accessible to de7 pendents of members of the Armed Forces in the 

8 military housing area in which the installation sub9 ject to the basing decision is or will be located, in10 cluding with respect to the following: 

11 (A) Academic performance of schools, in12 cluding student-to-teacher ratios and learning 

13 rates and graduation rates. 

14 (B) Social climate within schools, including 

15 absenteeism rates and suspension rates. 

16 (C) Availability, accessibility, and quality 

17 of services, including pre-kindergarten, coun18 selors and mental health support, student-to19 nurse ratios, and services for military depend20 ents with special needs as required by law. 

21 (3) HOUSING.—The extent to which housing 

22 (including family housing) that meets Department of 

23 Defense requirements is available and accessible to 

24 members of the Armed Forces through the private 

25 sector in the military housing area in which the inVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1013 

•S 4049 RS

1 stallation subject to the basing decision is or will be 

2 located. 

3 (4) HEALTH CARE.—The extent to which pri4 mary healthcare and specialty healthcare is available 

5 and accessible to dependents of members of the 

6 Armed Forces through the private sector in the local 

7 community in which the installation subject to the 

8 basing decision is or will be located, including care 

9 for military dependents with special needs. 

10 (5) INTERGOVERNMENTAL SUPPORT.—The ex11 tent to which the State in which the installation sub12 ject to the basing decision is or will be located, and 

13 local governments in the vicinity of the installation, 

14 have or will have intergovernmental support agree15 ments with the installation for the effective and effi16 cient provision of public services to the installation. 

17 (6) OTHER CONSIDERATIONS.—Such other con18 siderations in connection with military family readi19 ness as the Secretary of Defense shall specify for 

20 purposes of this subsection. 

21 (c) ANALYTICAL FRAMEWORK.—The Secretary of a 

22 military department shall take into account the consider23 ations specified in subsection (b), among such other fac24 tors as the Secretary considers appropriate, in deter25 mining whether to proceed with a basing decision under 


pbinns on DSKJLVW7X2PROD with BILLS
1014 

•S 4049 RS

1 subsection (a) using an analytical framework developed by 

2 the Secretary for that purpose that uses criteria based on 

3 quantitative data available to the Department of Defense 

4 and on such reliable quantitative data from sources out5 side the Department as the Secretary considers appro6 priate. 

7 (d) BASING DECISION SCORECARD.— 

8 (1) IN GENERAL.—Each Secretary of a military 

9 department shall establish and maintain a scorecard 

10 on military installations under the jurisdiction of 

11 such Secretary, and on States and localities in which 

12 such installations are or may be located, relevant to 

13 the taking into account of the considerations speci14 fied in subsection (b) in determinations of such Sec15 retary on basing decisions as required by subsection 

16 (a). 

17 (2) UPDATE.—Each Secretary shall update the 

18 scorecard required of such Secretary by this sub19 section not less frequently than once each year in 

20 order to keep the information in such scorecard as 

21 current as is practicable. 

22 (3) AVAILABILITY TO PUBLIC.—A current 

23 version of each scorecard under this subsection shall 

24 be available to the public through an Internet 


pbinns on DSKJLVW7X2PROD with BILLS
1015 

•S 4049 RS

1 website of the military department concerned that is 

2 accessible to the public. 

3 (e) BRIEFINGS.—Not later than April 1 of each of 

4 2021, 2022, and 2023, the Secretary of Defense shall brief 

5 the Committees on Armed Services of the Senate and the 

6 House of Representatives on actions taken pursuant to 

7 this section, including a description and assessment of the 

8 effect of the taking into account of the considerations 

9 specified in subsection (b) on particular basing decisions 

10 in the United States during the one-year period ending 

11 on the date of the briefing. 

12 (f) BASING DECISION DEFINED.—In this section, the 

13 term ‘‘basing decision’’ means any of the following: 

14 (1) The establishment of a new mission at a 

15 military installation. 

16 (2) The relocation of an existing mission from 

17 a military installation to another military installa18 tion. 

19 (3) The establishment of a new military instal20 lation. 


pbinns on DSKJLVW7X2PROD with BILLS
1016 

•S 4049 RS

1 SEC. 2882. PROHIBITION ON USE OF FUNDS TO REDUCE AIR 

2 BASE RESILIENCY OR DEMOLISH PROTECTED 

3 AIRCRAFT SHELTERS IN THE EUROPEAN 

4 THEATER WITHOUT CREATING A SIMILAR 

5 PROTECTION FROM ATTACK. 

6 No funds authorized to be appropriated by this Act 

7 or any other Act for the Department of Defense may be 

8 obligated or expended to implement any activity that re9 duces air base resiliency or demolishes protected aircraft 

10 shelters in the European theater, and the Department 

11 may not otherwise implement any such activity, without 

12 creating a similar protection from attack in the European 

13 theater until such time as the Secretary of Defense cer14 tifies to the congressional defense committees that pro15 tected aircraft shelters are not required in the European 

16 theater. 

17 SEC. 2883. PROHIBITIONS RELATING TO CLOSURE OR RE18 TURNING TO HOST NATION OF EXISTING 

19 BASES UNDER THE EUROPEAN CONSOLIDA20 TION INITIATIVE. 

21 (a) PROHIBITION ON USE OF FUNDS.—No funds au22 thorized to be appropriated by this Act for fiscal year 

23 2021 for the Department of Defense may be obligated or 

24 expended to implement any activity that closes or returns 

25 to the host nation any existing base under the European 

26 Consolidation Initiative. 


pbinns on DSKJLVW7X2PROD with BILLS
1017 

•S 4049 RS

1 (b) PROHIBITION ON CLOSURE OR RETURN.—The 

2 Secretary of Defense shall not implement any activity that 

3 closes or returns to the host nation any existing base 

4 under the European Consolidation Initiative until the Sec5 retary certifies that there is no longer a need for a rota6 tional military presence in the European theater. 

7 SEC. 2884. ENHANCEMENT OF AUTHORITY TO ACCEPT CON8 DITIONAL GIFTS OF REAL PROPERTY ON BE9 HALF OF MILITARY MUSEUMS. 

10 Section 2601(e)(1) of title 10, United States Code, 

11 is amended by inserting ‘‘a military museum,’’ after ‘‘of12 fered to’’. 

13 SEC. 2885. EQUAL TREATMENT OF INSURED DEPOSITORY 

14 INSTITUTIONS AND CREDIT UNIONS OPER15 ATING ON MILITARY INSTALLATIONS. 

16 Section 2667 of title 10, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(l) TREATMENT OF INSURED DEPOSITORY INSTITU19 TIONS.—(1) Each covered insured depository institution 

20 operating on a military installation within the continental 

21 United States may be allotted space or leased land on the 

22 military installation without charge for rent or services in 

23 the same manner as a credit union organized under State 

24 law or a Federal credit union under section 124 of the 


pbinns on DSKJLVW7X2PROD with BILLS
1018 

•S 4049 RS

1 Federal Credit Union Act (12 U.S.C. 1770) if space is 

2 available. 

3 ‘‘(2) Each covered insured depository institution, 

4 credit union organized under State law, and Federal credit 

5 union operating on a military installation within the conti6 nental United States shall be treated equally with respect 

7 to policies of the Department of Defense governing the 

8 financial terms of leases, logistical support, services, and 

9 utilities. 

10 ‘‘(3) The Secretary concerned shall not be required 

11 to provide no-cost office space or a no-cost land lease to 

12 any covered insured depository institution, credit union or13 ganized under State law, or Federal credit union. 

14 ‘‘(4) In this subsection: 

15 ‘‘(A) The term ‘covered insured depository in16 stitution’ means an insured depository institution 

17 that meets the requirements applicable to a credit 

18 union organized under State law or a Federal credit 

19 union under section 124 of the Federal Credit Union 

20 Act (12 U.S.C. 1770). The depositors of an insured 

21 depository institution shall be considered members 

22 for purposes of the application of this subparagraph 

23 to that section. 


pbinns on DSKJLVW7X2PROD with BILLS
1019 

•S 4049 RS

1 ‘‘(B) The term ‘Federal credit union’ has the 

2 meaning given the term in section 101 of the Fed3 eral Credit Union Act (12 U.S.C. 1752). 

4 ‘‘(C) The term ‘insured depository institution’ 

5 has the meaning given the term in section 3 of the 

6 Federal Deposit Insurance Act (12 U.S.C. 1813).’’. 

7 SEC. 2886. REPORT ON OPERATIONAL AVIATION UNITS IM8 PACTED BY NOISE RESTRICTIONS OR NOISE 

9 MITIGATION MEASURES. 

10 (a) REPORT.—Not later than 90 days after the date 

11 on which the Secretary of the Air Force or the Secretary 

12 of the Navy determines that noise restrictions placed on 

13 an operational aviation unit under the jurisdiction of the 

14 Secretary concerned prohibit the unit from reaching a 

15 combat ready or deployable status or prohibit the main16 taining of aircrew currency requirements or required noise 

17 mitigation measures become cost prohibitive to the De18 partment of Defense, the Secretary concerned, in consulta19 tion with the Secretary of Defense, shall submit to the 

20 congressional defense committees a report setting forth— 

21 (1) recommendations to preserve or restore the 

22 readiness of such unit; and 

23 (2) appropriate steps to be taken by the Sec24 retary concerned to lower the cost of noise mitiga25 tion measures. 


pbinns on DSKJLVW7X2PROD with BILLS
1020 

•S 4049 RS

1 (b) COST PROHIBITIVE.—A required noise mitigation 

2 measure shall be considered cost prohibitive to the Depart3 ment of Defense for purposes of subsection (a) if the cost 

4 to implement the measure at an installation exceeds 10 

5 percent of the annual budget for the installation for facili6 ties sustainment, restoration, and modernization. 

7 TITLE XXIX—OVERSEAS CONTIN8 GENCY OPERATIONS MILI9 TARY CONSTRUCTION 

10 SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 

11 ACQUISITION PROJECTS. 

12 The Secretary of the Navy may acquire real property 

13 and carry out the military construction project for the in14 stallation outside the United States, and in the amount, 

15 set forth in the following table: 

Navy: Outside the United States 

Country Installation Amount 

Spain ................................ Rota ..................................................... $59,230,000 

16 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

17 LAND ACQUISITION PROJECTS. 

18 The Secretary of the Air Force may acquire real 

19 property and carry out the military construction projects 

20 for the installations outside the United States, and in the 

21 amounts, set forth in the following table: 

Air Force: Outside the United States 

Country Installation Amount 

Germany ........................... Ramstein .............................................. $36,345,000 


pbinns on DSKJLVW7X2PROD with BILLS
1021 

•S 4049 RS

Air Force: Outside the United States—Continued 

Country Installation Amount 

Spangdahlem Air Base ........................ $25,824,000 

Romania ........................... Campia Turzii ..................................... $130,500,000 

1 SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2020, for the 

4 military construction projects outside the United States 

5 authorized by this title as specified in the funding table 

6 in section 4602. 

7 SEC. 2904. REPLENISHMENT OF CERTAIN MILITARY CON8 STRUCTIONS FUNDS. 

9 (a) IN GENERAL.—Of the amount authorized to be 

10 appropriated for fiscal year 2021 by section 2903 and 

11 available as specified in the funding table in section 4602, 

12 $3,600,000,000 shall be available for replenishment of 

13 funds that were authorized to be appropriated by military 

14 construction authorization Acts for fiscal years before fis15 cal year 2021 for military construction projects authorized 

16 by such Acts, but were used instead for military construc17 tion projects authorized by section 2808 of title 10, United 

18 States Code, in connection with the national emergency 

19 along the southern land border of the United States de20 clared in 2019 pursuant to the National Emergencies Act 

21 (50 U.S.C. 1601 et seq.). 

22 (b) REPLENISHMENT BY TRANSFER.— 


pbinns on DSKJLVW7X2PROD with BILLS
1022 

•S 4049 RS

1 (1) IN GENERAL.—Any amounts available 

2 under subsection (a) that are used for replenishment 

3 of funds as described in that subsection shall be 

4 transferred to the account that was the source of 

5 such funds. 

6 (2) INAPPLICABILITY TOWARD TRANSFER LIMI7 TATIONS.—Any transfer of amounts under this sub8 section shall not count toward any limitation on 

9 transfer of Department of Defense funds in section 

10 1001 or 1512 or any other limitation on transfer of 

11 Department of funds in law. 

12 (3) SUNSET OF AUTHORITY.—The authority to 

13 make transfers under this subsection shall terminate 

14 on September 30, 2021. 

15 (c) USE OF FUNDS.— 

16 (1) IN GENERAL.—Amounts transferred under 

17 subsection (b) for replenishment of funds as de18 scribed in subsection (a) may be used only for mili19 tary construction projects for which such funds were 

20 originally authorized in a military construction au21 thorization Act described in subsection (a). 

22 (2) NO INCREASE IN AUTHORIZED AMOUNT OF

23 PROJECTS.—The total amount of funds available for 

24 a military construction project described in para25 graph (1) may not exceed the current amount auVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1023 

•S 4049 RS

1 thorized for such project by applicable military con2 struction authorization Acts (including this Act). A 

3 replenishment of funds under this section for a mili4 tary construction project shall not operate to in5 crease the authorized amount of the project or the 

6 amount authorized to be available for the project. 

7 DIVISION C—DEPARTMENT OF 

8 ENERGY NATIONAL SECURITY 

9 AUTHORIZATIONS AND 

10 OTHER AUTHORIZATIONS 

11 TITLE XXXI—DEPARTMENT OF 

12 ENERGY NATIONAL SECURITY 

13 PROGRAMS 

14 Subtitle A—National Security 

15 Programs and Authorizations 

16 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA17 TION. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

19 are hereby authorized to be appropriated to the Depart20 ment of Energy for fiscal year 2021 for the activities of 

21 the National Nuclear Security Administration in carrying 

22 out programs as specified in the funding table in section 

23 4701. 

24 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

25 From funds referred to in subsection (a) that are available 


pbinns on DSKJLVW7X2PROD with BILLS
1024 

•S 4049 RS

1 for carrying out plant projects, the Secretary of Energy 

2 may carry out new plant projects for the National Nuclear 

3 Security Administration as follows: 

4 Project 21–D–510, HE Synthesis, Formulation, 

5 and Production, Pantex Plant, Amarillo, Texas, 

6 $31,000,000. 

7 Project 21–D–511, Savannah River Plutonium 

8 Processing Facility, Savannah River Site, Aiken, 

9 South Carolina, $241,900,000. 

10 Project 21–D–512, Plutonium Pit Production 

11 Project, Los Alamos National Laboratory, Los Ala12 mos, New Mexico, $226,000,000. 

13 Project 21–D–530, KL Steam and Condensate 

14 Upgrades, Knolls Atomic Power Laboratory, Sche15 nectady, New York, $4,000,000. 

16 General Plant Project, U1a.03 Test Bed Facil17 ity Improvements, Nevada National Security Side, 

18 Nevada, $16,000,000. 

19 General Plant Project, TA–15 DARHT Hydro 

20 Vessel Repair Facility, Los Alamos National Lab21 oratory, New Mexico, $16,500,000. 

22 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

24 are hereby authorized to be appropriated to the Depart25 ment of Energy for fiscal year 2021 for defense environVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1025 

•S 4049 RS

1 mental cleanup activities in carrying out programs as 

2 specified in the funding table in section 4701. 

3 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

4 From funds referred to in subsection (a) that are available 

5 for carrying out plant projects, the Secretary of Energy 

6 may carry out, for defense environmental cleanup activi7 ties, the following new plant project: 

8 Project 21–D–401, Hoisting Capability Project, 

9 Waste Isolation Pilot Plant, Carlsbad, New Mexico, 

10 $10,000,000. 

11 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

12 Funds are hereby authorized to be appropriated to 

13 the Department of Energy for fiscal year 2021 for other 

14 defense activities in carrying out programs as specified in 

15 the funding table in section 4701. 

16 SEC. 3104. NUCLEAR ENERGY. 

17 Funds are hereby authorized to be appropriated to 

18 the Department of Energy for fiscal year 2021 for nuclear 

19 energy as specified in the funding table in section 4701. 


pbinns on DSKJLVW7X2PROD with BILLS
1026 

•S 4049 RS

1 Subtitle B—Budget of the National 

2 Nuclear Security Administration 

3 SEC. 3111. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS 

4 BUDGET. 

5 (a) IN GENERAL.—Subtitle A of title XVII of the 

6 Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is 

7 amended by adding at the end the following new section: 

8 ‘‘SEC. 4717. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS 

9 BUDGET. 

10 ‘‘(a) REVIEW OF ADEQUACY OF ADMINISTRATION

11 BUDGET BY NUCLEAR WEAPONS COUNCIL.— 

12 ‘‘(1) TRANSMISSION TO COUNCIL.—The Sec13 retary of Energy shall transmit to the Nuclear 

14 Weapons Council (in this section referred to as the 

15 ‘Council’) a copy of the proposed budget request of 

16 the Administration for each fiscal year before that 

17 budget request is submitted to the Director of the 

18 Office of Management and Budget in relation to the 

19 preparation of the budget of the President to be sub20 mitted to Congress under section 1105(a) of title 31, 

21 United States Code. 

22 ‘‘(2) REVIEW AND DETERMINATION OF ADE23 QUACY.— 


pbinns on DSKJLVW7X2PROD with BILLS
1027 

•S 4049 RS

1 ‘‘(A) REVIEW.—The Council shall review 

2 each budget request transmitted to the Council 

3 under paragraph (1). 

4 ‘‘(B) DETERMINATION OF ADEQUACY.— 

5 ‘‘(i) INADEQUATE REQUESTS.—If the 

6 Council determines that a budget request 

7 for a fiscal year transmitted to the Council 

8 under paragraph (1) is inadequate, in 

9 whole or in part, to implement the objec10 tives of the Department of Defense with 

11 respect to nuclear weapons for that fiscal 

12 year, the Council shall submit to the Sec13 retary of Energy a written description of 

14 funding levels and specific initiatives that 

15 would, in the determination of the Council, 

16 make the budget request adequate to im17 plement those objectives. 

18 ‘‘(ii) ADEQUATE REQUESTS.—If the 

19 Council determines that a budget request 

20 for a fiscal year transmitted to the Council 

21 under paragraph (1) is adequate to imple22 ment the objectives described in clause (i) 

23 for that fiscal year, the Council shall sub24 mit to the Secretary of Energy a written 


pbinns on DSKJLVW7X2PROD with BILLS
1028 

•S 4049 RS

1 statement confirming the adequacy of the 

2 request. 

3 ‘‘(iii) RECORDS.—The Council shall 

4 maintain a record of each description sub5 mitted under clause (i) and each statement 

6 submitted under clause (ii). 

7 ‘‘(3) DEPARTMENT OF ENERGY RESPONSE.— 

8 ‘‘(A) IN GENERAL.—If the Council submits 

9 to the Secretary of Energy a written description 

10 under paragraph (2)(B)(i) with respect to the 

11 budget request of the Administration for a fis12 cal year, the Secretary shall include the funding 

13 levels and initiatives identified in that descrip14 tion in the budget request before submitting the 

15 budget request to the Director of the Office of 

16 Management and Budget. 

17 ‘‘(B) SUMMARY OF CHANGES.—The Sec18 retary shall include, as an appendix to the 

19 budget request of the Administration submitted 

20 to the Director under subparagraph (A)— 

21 ‘‘(i) a summary of the changes made 

22 to the budget request under subparagraph 

23 (A); and 

24 ‘‘(ii) any additional comments the 

25 Secretary considers appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
1029 

•S 4049 RS

1 ‘‘(C) TRANSMISSION TO CONGRESS.—The 

2 Secretary of Energy shall transmit to Congress, 

3 with the budget justification materials sub4 mitted in support of the Department of Energy 

5 budget for a fiscal year (as submitted with the 

6 budget of the President under section 1105(a) 

7 of title 31, United States Code), a copy of the 

8 appendix described in subparagraph (B). 

9 ‘‘(b) REVIEW AND CERTIFICATION OF DEPARTMENT

10 OF ENERGY BUDGET BY NUCLEAR WEAPONS COUNCIL.— 

11 ‘‘(1) IN GENERAL.—At the time the Secretary 

12 of Energy submits the budget request of the Depart13 ment of Energy for that fiscal year to the Director 

14 of the Office of Management and Budget in relation 

15 to the preparation of the budget of the President, 

16 the Secretary shall transmit a copy of the budget re17 quest of the Department to the Council. 

18 ‘‘(2) CERTIFICATION.—The Council shall— 

19 ‘‘(A) review the budget request transmitted 

20 to the Council under paragraph (1); 

21 ‘‘(B) based on the review under subpara22 graph (A), make a determination with respect 

23 to whether the budget request includes the 

24 funding levels and initiatives described in sub25 section (a)(2)(B)(i); and 


pbinns on DSKJLVW7X2PROD with BILLS
1030 

•S 4049 RS

1 ‘‘(C) submit to Congress— 

2 ‘‘(i)(I) a certification that the budget 

3 request is adequate to implement the ob4 jectives described in subsection 

5 (a)(2)(B)(i); or 

6 ‘‘(II) a statement that the budget re7 quest is not adequate to implement those 

8 objectives; and 

9 ‘‘(ii) a copy of the written description 

10 submitted by the Council to the Secretary 

11 under subsection (a)(2)(B)(i), if any.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 for such Act is amended by inserting after the item relat14 ing to section 4716 the following new item: 

‘‘Sec. 4717. Review of adequacy of nuclear weapons budget.’’. 

15 SEC. 3112. TREATMENT OF BUDGET OF NATIONAL NU16 CLEAR SECURITY ADMINISTRATION. 

17 Section 3251(a) of the National Nuclear Security Ad18 ministration Act (50 U.S.C. 2451(a)) is amended to read 

19 as follows: 

20 ‘‘(a) PRESIDENT’S BUDGET.—In each budget sub21 mitted by the President to Congress under section 1105 

22 of title 31, United States Code, amounts requested for the 

23 Administration shall be set forth— 

24 ‘‘(1) separately within the other amounts re25 quested for the Department of Energy; and 


pbinns on DSKJLVW7X2PROD with BILLS
1031 

•S 4049 RS

1 ‘‘(2) within a separate budget subfunction from 

2 other atomic energy defense activities within the De3 partment of Energy.’’. 

4 SEC. 3113. RESPONSIBILITY OF ADMINISTRATOR FOR NU5 CLEAR SECURITY FOR ENSURING NATIONAL 

6 NUCLEAR SECURITY ADMINISTRATION BUDG7 ET SATISFIES NUCLEAR WEAPONS NEEDS OF 

8 DEPARTMENT OF DEFENSE. 

9 Section 3252 of the National Nuclear Security Ad10 ministration Act (50 U.S.C. 2452) is amended by adding 

11 at the end the following new subsection: 

12 ‘‘(d) RESPONSIBILITY OF ADMINISTRATOR FOR EN13 SURING ADMINISTRATION BUDGET SATISFIES DEPART14 MENT OF DEFENSE NEEDS.—Subject to the direction of 

15 the President, the Administrator shall, after consultation 

16 with the Secretary of Defense, ensure that the budget of 

17 the Administration is adequate to satisfy the nuclear 

18 weapons needs of the Department of Defense, including 

19 the nuclear weapons needs of the United States Strategic 

20 Command, the military departments, and other compo21 nents of the Department of Defense, as appropriate.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1032 

•S 4049 RS

1 SEC. 3114. PARTICIPATION OF SECRETARY OF DEFENSE IN 

2 PLANNING, PROGRAMMING, BUDGETING, 

3 AND EXECUTION PROCESS OF NATIONAL NU4 CLEAR SECURITY ADMINISTRATION. 

5 (a) IN GENERAL.—Subtitle D of the National Nu6 clear Security Administration Act (50 U.S.C. 2451 et 

7 seq.) is amended by adding at the end the following new 

8 section: 

9 ‘‘SEC. 3255. PARTICIPATION OF SECRETARY OF DEFENSE IN 

10 PLANNING, PROGRAMMING, BUDGETING, 

11 AND EXECUTION PROCESS OF ADMINISTRA12 TION. 

13 ‘‘(a) GUIDANCE WITH RESPECT TO DEVELOPMENT

14 OF BUDGET.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

16 acting through the Nuclear Weapons Council, shall 

17 provide to the Administrator guidance with respect 

18 to the development of the budget of the Administra19 tion for each fiscal year. 

20 ‘‘(2) NATIONAL STRATEGIES.—The guidance 

21 provided under paragraph (1) shall support the na22 tional strategy of the United States as set forth in— 

23 ‘‘(A) the most recent national defense 

24 strategy under section 113(g) of title 10, 

25 United States Code; and 


pbinns on DSKJLVW7X2PROD with BILLS
1033 

•S 4049 RS

1 ‘‘(B) the most recent National Military 

2 Strategy under section 153(b) of such title. 

3 ‘‘(b) PARTICIPATION IN DEVELOPMENT OF BUDG4 ET.—The Secretary, acting through the Council, shall par5 ticipate in the development of the budget of the Adminis6 tration, including the preparation of the future-years nu7 clear security program under section 3253. 

8 ‘‘(c) OVERSIGHT OF EXECUTION OF WEAPONS AC9 TIVITIES.—The Secretary, acting through the Council, 

10 shall ensure the effective execution of the activities carried 

11 out using amounts available to the Administration for 

12 weapons activities. 

13 ‘‘(d) BUDGET OF THE ADMINISTRATION DEFINED.— 

14 In this section, the term ‘budget of the Administration’ 

15 means the budget of the Administration for a fiscal year, 

16 as submitted to Congress with the budget of the President 

17 for that fiscal year under section 1105(a) of title 31, 

18 United States Code.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 for the National Nuclear Security Administration Act is 

21 amended by inserting after the item relating to section 

22 3254 the following new item: 

‘‘Sec. 3255. Participation of Secretary of Defense in planning, programming, 

budgeting, and execution process of Administration.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1034 

•S 4049 RS

1 SEC. 3115. REQUIREMENT FOR UPDATED PLANNING, PRO2 GRAMMING, BUDGETING, AND EXECUTION 

3 GUIDANCE FOR NATIONAL NUCLEAR SECU4 RITY ADMINISTRATION. 

5 (a) IN GENERAL.—Not later than February 15, 

6 2021, the Administrator for Nuclear Security shall issue 

7 updated guidance for the planning, programming, budg8 eting, and execution process of the National Nuclear Secu9 rity Administration to replace the guidance issued on De10 cember 9, 2019 (document number NAP 130.1). 

11 (b) ELEMENTS.—The updated guidance required by 

12 subsection (a) shall include the following: 

13 (1) Specification of processes for coordination 

14 with the Nuclear Weapons Council under section 

15 179 of title 10, United States Code, and other offi16 cials of the Department of Defense at each stage of 

17 the planning, programming, budgeting, and execu18 tion process of the National Nuclear Security Ad19 ministration, including coordination between— 

20 (A) the Director for Cost Estimating and 

21 Program Evaluation of the Administration and 

22 the Director of Cost Assessment and Program 

23 Evaluation of the Department; 

24 (B) the Associate Administrator for Man25 agement and Budget and the Under Secretary 

26 of Defense (Comptroller); and 


pbinns on DSKJLVW7X2PROD with BILLS
1035 

•S 4049 RS

1 (C) program managers of the Administra2 tion and program managers of the Department. 

3 (2) Participation of appropriate officials of the 

4 Department in decisionmaking at each stage of the 

5 planning, programming, budgeting, and execution 

6 process of the Administration, including participa7 tion of the Assistant Secretary of Defense for Nu8 clear, Chemical, and Biological Defense Programs as 

9 a member of the Management Council of the Admin10 istration. 

11 (3) Specification of incorporation into the plan12 ning, programming, budgeting, and execution proc13 ess of the Administration of planning documents of 

14 the Department of Defense, including the most re15 cent national defense strategy under section 113(g) 

16 of title 10, United States Code. 

17 (4) A requirement for the Chairman of the Nu18 clear Weapons Council to jointly sign, with the Ad19 ministrator, the planning, programming, and fiscal 

20 guidance documents of the Administration. 

21 SEC. 3116. CROSS-TRAINING IN BUDGET PROCESSES OF DE22 PARTMENT OF DEFENSE AND NATIONAL NU23 CLEAR SECURITY ADMINISTRATION. 

24 (a) IN GENERAL.—Not later than January 1, 2021, 

25 the Secretary of Defense and the Administrator for NuVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1036 

•S 4049 RS

1 clear Security shall jointly establish a program to provide 

2 for the cross-training of the personnel specified in sub3 section (b) on the respective budgetary and programming 

4 systems and processes of the Department of Defense and 

5 the National Nuclear Security Administration. 

6 (b) PERSONNEL SPECIFIED.—The personnel speci7 fied in this subsection are personnel of the following: 

8 (1) The Office of the Under Secretary of De9 fense (Comptroller). 

10 (2) The Office of Management and Budget of 

11 the National Nuclear Security Administration. 

12 (3) The Office of the Director of Cost Assess13 ment and Program Evaluation of the Department of 

14 Defense. 

15 (4) The Office of the Director of Cost Esti16 mation and Program Evaluation of the Administra17 tion. 

18 (5) The Chairman of the Nuclear Weapons 

19 Council established under section 179 of title 10, 

20 United States Code. 

21 (6) The Office of Administrator for Nuclear Se22 curity. 

23 (c) REPORT REQUIRED.—Not later than February 

24 15, 2021, the Secretary and the Administrator shall jointVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1037 

•S 4049 RS

1 ly submit to the congressional defense committees a report 

2 on the details of the program required by subsection (a). 

3 Subtitle C—Personnel Matters 

4 SEC. 3121. NATIONAL NUCLEAR SECURITY ADMINISTRA5 TION PERSONNEL SYSTEM. 

6 (a) IN GENERAL.—Subtitle C of the National Nu7 clear Security Administration Act (50 U.S.C. 2441 et 

8 seq.) is amended by adding at the end the following new 

9 section: 

10 ‘‘SEC. 3248. ALTERNATIVE PERSONNEL SYSTEM. 

11 ‘‘(a) IN GENERAL.—The Administrator may adapt 

12 the pay banding and performance-based pay adjustment 

13 demonstration project carried out by the Administration 

14 under the authority provided by section 4703 of title 5, 

15 United States Code, into a permanent alternative per16 sonnel system for the Administration (to be known as the 

17 ‘National Nuclear Security Administration Personnel Sys18 tem’) and implement that system with respect to employ19 ees of the Administration. 

20 ‘‘(b) MODIFICATIONS.—In adapting the demonstra21 tion project described in subsection (a) into a permanent 

22 alternative personnel system, the Administrator— 

23 ‘‘(1) may, subject to paragraph (2), revise the 

24 requirements and limitations of the demonstration 

25 project to the extent necessary; and 


pbinns on DSKJLVW7X2PROD with BILLS
1038 

•S 4049 RS

1 ‘‘(2) shall— 

2 ‘‘(A) ensure that the permanent alternative 

3 personnel system is carried out in a manner 

4 consistent with the final plan for the dem5 onstration project published in the Federal Reg6 ister on December 21, 2007 (72 Fed. Reg. 

7 72776); 

8 ‘‘(B) ensure that significant changes in the 

9 system not take effect until revisions to the 

10 plan for the demonstration project are approved 

11 by the Office of Personnel Management and 

12 published in the Federal Register; 

13 ‘‘(C) ensure that procedural modifications 

14 or clarifications to the final plan for the dem15 onstration project be made through local notifi16 cation processes; 

17 ‘‘(D) authorize, and establish incentives 

18 for, employees of the Administration to have ro19 tational assignments among different programs 

20 of the Administration, the headquarters and 

21 field offices of the Administration, and the 

22 management and operating contractors of the 

23 Administration; and 

24 ‘‘(E) establish requirements for employees 

25 of the Administration who are in the permanent 


pbinns on DSKJLVW7X2PROD with BILLS
1039 

•S 4049 RS

1 alternative personnel system described in sub2 section (a) to be promoted to senior-level posi3 tions in the Administration, including require4 ments with respect to— 

5 ‘‘(i) professional training and con6 tinuing education; and 

7 ‘‘(ii) a certain number and types of 

8 rotational assignments under subpara9 graph (D), as determined by the Adminis10 trator. 

11 ‘‘(c) APPLICATION TO NAVAL NUCLEAR PROPULSION

12 PROGRAM.—The Director of the Naval Nuclear Propul13 sion Program established pursuant to section 4101 of the 

14 Atomic Energy Defense Act (50 U.S.C. 2511) and section 

15 3216 of this Act may, with the concurrence of the Sec16 retary of the Navy, apply the alternative personnel system 

17 under subsection (a) to— 

18 ‘‘(1) all employees of the Naval Nuclear Propul19 sion Program in the competitive service (as defined 

20 in section 2102 of title 5, United States Code); and 

21 ‘‘(2) all employees of the Department of Navy 

22 who are assigned to the Naval Nuclear Propulsion 

23 Program and are in the excepted service (as defined 

24 in section 2103 of title 5, United States Code) 


pbinns on DSKJLVW7X2PROD with BILLS
1040 

•S 4049 RS

1 (other than such employees in statutory excepted 

2 service systems).’’. 

3 (b) BRIEFING.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the Ad6 ministrator for Nuclear Security shall provide a 

7 briefing to the appropriate congressional committees 

8 on the implementation of section 3248 of the Na9 tional Nuclear Security Administration Act, as 

10 added by subsection (a). 

11 (2) APPROPRIATE CONGRESSIONAL COMMIT12 TEES DEFINED.—In this subsection, the term ‘‘ap13 propriate congressional committees’’ means— 

14 (A) the congressional defense committees; 

15 (B) the Committee on Energy and Natural 

16 Resources of the Senate and the Committee on 

17 Energy and Commerce of the House of Rep18 resentatives; and 

19 (C) the Committee on Homeland Security 

20 and Governmental Affairs of the Senate and the 

21 Committee on Oversight and Government Re22 form of the House of Representatives. 

23 (c) CONFORMING AMENDMENTS.—Section 3116 of 

24 the National Defense Authorization Act for Fiscal Year 


pbinns on DSKJLVW7X2PROD with BILLS
1041 

•S 4049 RS

1 2018 (Public Law 115–91; 131 Stat. 1888; 50 U.S.C. 

2 2441 note prec) is amended— 

3 (1) by striking subsections (a) and (d); and 

4 (2) by redesignating subsections (b) and (c) as 

5 subsections (a) and (b), respectively. 

6 (d) CLERICAL AMENDMENT.—The table of contents 

7 for the National Nuclear Security Administration Act is 

8 amended by inserting after the item relating to section 

9 3247 the following new item: 

‘‘Sec. 3248. Alternative personnel system.’’. 

10 SEC. 3122. INCLUSION OF CERTAIN EMPLOYEES AND CON11 TRACTORS OF DEPARTMENT OF ENERGY IN 

12 DEFINITION OF PUBLIC SAFETY OFFICER 

13 FOR PURPOSES OF CERTAIN DEATH BENE14 FITS. 

15 Section 1204(9) of title I of the Omnibus Crime Con16 trol and Safe Streets Act of 1968 (34 U.S.C. 10284(9)) 

17 is amended— 

18 (1) in subparagraph (D), by striking ‘‘or’’ at 

19 the end; 

20 (2) in subparagraph (E)(ii), by striking the pe21 riod at the end and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(F) an employee or contractor of the De24 partment of Energy who— 

25 ‘‘(i) is— 


pbinns on DSKJLVW7X2PROD with BILLS
1042 

•S 4049 RS

1 ‘‘(I) a nuclear materials courier 

2 (as defined in section 8331(27) of 

3 title 5, United States Code); or 

4 ‘‘(II) designated by the Secretary 

5 of Energy as a member of an emer6 gency response team; and 

7 ‘‘(ii) is performing official duties of 

8 the Department, pursuant to a deployment 

9 order issued by the Secretary, to protect 

10 the public, property, or the interests of the 

11 United States by— 

12 ‘‘(I) assessing, locating, identi13 fying, securing, rendering safe, or dis14 posing of weapons of mass destruction 

15 (as defined in section 1403 of the De16 fense Against Weapons of Mass De17 struction Act of 1996 (50 U.S.C. 

18 2302)); or 

19 ‘‘(II) managing the immediate 

20 consequences of a radiological release 

21 or exposure.’’. 

22 SEC. 3123. REIMBURSEMENT FOR LIABILITY INSURANCE 

23 FOR NUCLEAR MATERIALS COURIERS. 

24 Section 636(c)(2) of division A of the Treasury, Post25 al Service, and General Government Appropriations Act, 


pbinns on DSKJLVW7X2PROD with BILLS
1043 

•S 4049 RS

1 1997 (Public Law 104–208; 5 U.S.C. prec. 5941 note) 

2 is amended by striking ‘‘or under’’ and all that follows 

3 and inserting the following: ‘‘a special agent under section 

4 203 of the Omnibus Diplomatic Security and 

5 Antiterrorism Act of 1986 (22 U.S.C. 4823), or a nuclear 

6 materials courier (as defined in section 8331(27) of such 

7 title 5);’’. 

8 SEC. 3124. TRANSPORTATION AND MOVING EXPENSES FOR 

9 IMMEDIATE FAMILY OF DECEASED NUCLEAR 

10 MATERIALS COURIERS. 

11 Section 5724d(c)(1) of title 5, United States Code, 

12 is amended— 

13 (1) in subparagraph (B), by striking ‘‘; and’’ 

14 and inserting a semicolon; and 

15 (2) by adding at the end the following: 

16 ‘‘(D) any nuclear materials courier, as de17 fined in section 8331(27); and’’. 

18 SEC. 3125. EXTENSION OF AUTHORITY FOR APPOINTMENT 

19 OF CERTAIN SCIENTIFIC, ENGINEERING, AND 

20 TECHNICAL PERSONNEL. 

21 Section 4601(c) of the Atomic Energy Defense Act 

22 (50 U.S.C. 2701(c)) is amended by striking ‘‘September 

23 30, 2020’’ and inserting ‘‘September 30, 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1044 

•S 4049 RS

1 Subtitle D—Cybersecurity 

2 SEC. 3131. REPORTING ON PENETRATIONS OF NETWORKS 

3 OF CONTRACTORS AND SUBCONTRACTORS. 

4 (a) IN GENERAL.—Subtitle A of title XLV of the 

5 Atomic Energy Defense Act (50 U.S.C. 2651 et seq.) is 

6 amended by adding at the end the following new section: 

7 ‘‘SEC. 4511. REPORTING ON PENETRATIONS OF NETWORKS 

8 OF CONTRACTORS AND SUBCONTRACTORS. 

9 ‘‘(a) PROCEDURES FOR REPORTING PENETRA10 TIONS.—The Administrator shall establish procedures 

11 that require each contractor and subcontractor to report 

12 to the Chief Information Officer when a covered network 

13 of the contractor or subcontractor that meets the criteria 

14 established pursuant to subsection (b) is successfully pene15 trated. 

16 ‘‘(b) ESTABLISHMENT OF CRITERIA FOR COVERED

17 NETWORKS.— 

18 ‘‘(1) IN GENERAL.—The Administrator shall, in 

19 consultation with the officials specified in paragraph 

20 (2), establish criteria for covered networks to be sub21 ject to the procedures for reporting penetrations 

22 under subsection (a). 

23 ‘‘(2) OFFICIALS SPECIFIED.—The officials spec24 ified in this paragraph are the following officials of 

25 the Administration: 


pbinns on DSKJLVW7X2PROD with BILLS
1045 

•S 4049 RS

1 ‘‘(A) The Deputy Administrator for De2 fense Programs. 

3 ‘‘(B) The Associate Administrator for Ac4 quisition and Project Management. 

5 ‘‘(C) The Chief Information Officer. 

6 ‘‘(D) Any other official of the Administra7 tion the Administrator considers necessary. 

8 ‘‘(c) PROCEDURE REQUIREMENTS.— 

9 ‘‘(1) RAPID REPORTING.— 

10 ‘‘(A) IN GENERAL.—The procedures estab11 lished pursuant to subsection (a) shall require 

12 each contractor or subcontractor to submit to 

13 the Chief Information Officer a report on each 

14 successful penetration of a covered network of 

15 the contractor or subcontractor that meets the 

16 criteria established pursuant to subsection (b) 

17 not later than 60 days after the discovery of the 

18 successful penetration. 

19 ‘‘(B) ELEMENTS.—Subject to subpara20 graph (C), each report required by subpara21 graph (A) with respect to a successful penetra22 tion of a covered network of a contractor or 

23 subcontractor shall include the following: 

24 ‘‘(i) A description of the technique or 

25 method used in such penetration. 


pbinns on DSKJLVW7X2PROD with BILLS
1046 

•S 4049 RS

1 ‘‘(ii) A sample of the malicious soft2 ware, if discovered and isolated by the con3 tractor or subcontractor, involved in such 

4 penetration. 

5 ‘‘(iii) A summary of information cre6 ated by or for the Administration in con7 nection with any program of the Adminis8 tration that has been potentially com9 promised as a result of such penetration. 

10 ‘‘(C) AVOIDANCE OF DELAYS IN REPORT11 ING.—If a contractor or subcontractor is not 

12 able to obtain all of the information required by 

13 subparagraph (B) to be included in a report re14 quired by subparagraph (A) by the date that is 

15 60 days after the discovery of a successful pene16 tration of a covered network of the contractor 

17 or subcontractor, the contractor or subcon18 tractor shall— 

19 ‘‘(i) include in the report all informa20 tion available as of that date; and 

21 ‘‘(ii) provide to the Chief Information 

22 Officer the additional information required 

23 by subparagraph (B) as the information 

24 becomes available. 


pbinns on DSKJLVW7X2PROD with BILLS
1047 

•S 4049 RS

1 ‘‘(2) ACCESS TO EQUIPMENT AND INFORMATION

2 BY ADMINISTRATION PERSONNEL.—Concurrent with 

3 the establishment of the procedures pursuant to sub4 section (a), the Administrator shall establish proce5 dures to be used if information owned by the Admin6 istration was in use during or at risk as a result of 

7 the successful penetration of a covered network— 

8 ‘‘(A) in order to— 

9 ‘‘(i) in the case of a penetration of a 

10 covered network of a management and op11 erating contractor, enhance the access of 

12 personnel of the Administration to Govern13 ment-owned equipment and information; 

14 and 

15 ‘‘(ii) in the case of a penetration of a 

16 covered network of a contractor or subcon17 tractor that is not a management and op18 erating contractor, facilitate the access of 

19 personnel of the Administration to the 

20 equipment and information of the con21 tractor or subcontractor; and 

22 ‘‘(B) which shall— 

23 ‘‘(i) include mechanisms for personnel 

24 of the Administration to, upon request, ob25 tain access to equipment or information of 


pbinns on DSKJLVW7X2PROD with BILLS
1048 

•S 4049 RS

1 a contractor or subcontractor necessary to 

2 conduct forensic analysis in addition to any 

3 analysis conducted by the contractor or 

4 subcontractor; 

5 ‘‘(ii) provide that a contractor or sub6 contractor is only required to provide ac7 cess to equipment or information as de8 scribed in clause (i) to determine whether 

9 information created by or for the Adminis10 tration in connection with any program of 

11 the Administration was successfully 

12 exfiltrated from a network of the con13 tractor or subcontractor and, if so, what 

14 information was exfiltrated; and 

15 ‘‘(iii) provide for the reasonable pro16 tection of trade secrets, commercial or fi17 nancial information, and information that 

18 can be used to identify a specific person. 

19 ‘‘(3) DISSEMINATION OF INFORMATION.—The 

20 procedures established pursuant to subsection (a) 

21 shall allow for limiting the dissemination of informa22 tion obtained or derived through such procedures so 

23 that such information may be disseminated only to 

24 entities— 


pbinns on DSKJLVW7X2PROD with BILLS
1049 

•S 4049 RS

1 ‘‘(A) with missions that may be affected by 

2 such information; 

3 ‘‘(B) that may be called upon to assist in 

4 the diagnosis, detection, or mitigation of cyber 

5 incidents; 

6 ‘‘(C) that conduct counterintelligence or 

7 law enforcement investigations; or 

8 ‘‘(D) for national security purposes, includ9 ing cyber situational awareness and defense 

10 purposes. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) CHIEF INFORMATION OFFICER.—The term 

13 ‘Chief Information Officer’ means the Associate Ad14 ministrator for Information Management and Chief 

15 Information Officer of the Administration. 

16 ‘‘(2) CONTRACTOR.—The term ‘contractor’ 

17 means a private entity that has entered into a con18 tract or contractual action of any kind with the Ad19 ministration to furnish supplies, equipment, mate20 rials, or services of any kind. 

21 ‘‘(3) COVERED NETWORK.—The term ‘covered 

22 network’ includes any network or information system 

23 that accesses, receives, or stores— 

24 ‘‘(A) classified information; or 


pbinns on DSKJLVW7X2PROD with BILLS
1050 

•S 4049 RS

1 ‘‘(B) sensitive unclassified information ger2 mane to any program of the Administration, as 

3 determined by the Administrator. 

4 ‘‘(4) SUBCONTRACTOR.—The term ‘subcon5 tractor’ means a private entity that has entered into 

6 a contract or contractual action with a contractor or 

7 another subcontractor to furnish supplies, equip8 ment, materials, or services of any kind in connec9 tion with another contract in support of any pro10 gram of the Administration.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 for the Atomic Energy Defense Act is amended by insert13 ing after the item relating to section 4510 the following 

14 new item: 

‘‘Sec. 4511. Reporting on penetrations of networks of contractors and subcontractors.’’. 

15 SEC. 3132. CLARIFICATION OF RESPONSIBILITY FOR CY16 BERSECURITY OF NATIONAL NUCLEAR SECU17 RITY ADMINISTRATION FACILITIES. 

18 (a) ESTABLISHMENT OF CHIEF INFORMATION OFFI19 CER.—Subtitle B of the National Nuclear Security Admin20 istration Act (50 U.S.C. 2421 et seq.) is amended by add21 ing at the end the following new section: 

22 ‘‘SEC. 3237. CHIEF INFORMATION OFFICER. 

23 ‘‘There is within the Administration a Chief Informa24 tion Officer, who shall be— 


pbinns on DSKJLVW7X2PROD with BILLS
1051 

•S 4049 RS

1 ‘‘(1) appointed by the Administrator; and 

2 ‘‘(2) responsible for the development and imple3 mentation of cybersecurity for all facilities of the 

4 Administration.’’. 

5 (b) CONFORMING AMENDMENT.—Section 3232(b)(3) 

6 of the National Nuclear Security Administration Act (50 

7 U.S.C. 2422(b)(3)) is amended by striking ‘‘and cyber’’. 

8 (c) CLERICAL AMENDMENT.—The table of contents 

9 for the National Nuclear Security Administration Act is 

10 amended by inserting after the item relating to section 

11 3236 the following new item: 

‘‘Sec. 3237. Chief Information Officer.’’. 

12 Subtitle E—Defense Environmental 

13 Cleanup 

14 SEC. 3141. PUBLIC STATEMENT OF ENVIRONMENTAL LI15 ABILITIES FOR FACILITIES UNDERGOING DE16 FENSE ENVIRONMENTAL CLEANUP. 

17 (a) IN GENERAL.—Subtitle A of title XLIV of the 

18 Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is 

19 amended by adding at the end the following new section: 

20 ‘‘SEC. 4410. PUBLIC STATEMENT OF ENVIRONMENTAL LI21 ABILITIES. 

22 ‘‘Each year, at the same time that the Department 

23 of Energy submits its annual financial report under sec24 tion 3516 of title 31, United States Code, the Secretary 

25 of Energy shall make available to the public a statement 


pbinns on DSKJLVW7X2PROD with BILLS
1052 

•S 4049 RS

1 of environmental liabilities, as calculated for the most re2 cent audited financial statement of the Department under 

3 section 3515 of that title, for each defense nuclear facility 

4 at which defense environmental cleanup activities are oc5 curring.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 for the Atomic Energy Defense Act is amended by insert8 ing after the item relating to section 4409 the following 

9 new item: 

‘‘Sec. 4410. Public statement of environmental liabilities.’’. 

10 SEC. 3142. INCLUSION OF MISSED MILESTONES IN FUTURE11 YEARS DEFENSE ENVIRONMENTAL CLEANUP 

12 PLAN. 

13 Section 4402A(b)(3) of the Atomic Energy Defense 

14 Act (50 U.S.C. 2582A(b)(3)) is amended by adding at the 

15 end the following: 

16 ‘‘(D) For any milestone that has been 

17 missed, renegotiated, or postponed, a statement 

18 of the current milestone, the original milestone, 

19 and any interim milestones.’’. 

20 SEC. 3143. CLASSIFICATION OF DEFENSE ENVIRONMENTAL 

21 CLEANUP AS CAPITAL ASSET PROJECTS OR 

22 OPERATIONS ACTIVITIES. 

23 (a) IN GENERAL.—The Assistant Secretary of En24 ergy for Environmental Management, in consultation with 

25 other appropriate officials of the Department of Energy, 


pbinns on DSKJLVW7X2PROD with BILLS
1053 

•S 4049 RS

1 shall establish requirements for the classification of de2 fense environmental cleanup projects as capital asset 

3 projects or operations activities. 

4 (b) REPORT REQUIRED.—Not later than March 1, 

5 2021, the Assistant Secretary shall submit to the congres6 sional defense committees a report— 

7 (1) setting forth the requirements established 

8 under subsection (a); and 

9 (2) assessing whether any ongoing defense envi10 ronmental cleanup projects should be reclassified 

11 based on those requirements. 

12 SEC. 3144. CONTINUED ANALYSIS OF APPROACHES FOR 

13 SUPPLEMENTAL TREATMENT OF LOW-ACTIV14 ITY WASTE AT HANFORD NUCLEAR RESERVA15 TION. 

16 (a) IN GENERAL.—Not later than 120 days after the 

17 date of the enactment of this Act, the Secretary of Energy 

18 shall enter into an arrangement with a federally funded 

19 research and development center to conduct a follow-on 

20 analysis to the analysis required by section 3134 of the 

21 National Defense Authorization Act for Fiscal Year 2017 

22 (Public Law 114–328; 130 Stat. 2769) with respect to ap23 proaches for treating the portion of low-activity waste at 

24 the Hanford Nuclear Reservation, Richland, Washington, 

25 intended for supplemental treatment. 


pbinns on DSKJLVW7X2PROD with BILLS
1054 

•S 4049 RS

1 (b) COMPARISON OF ALTERNATIVES TO AID DECI2 SIONMAKING.—The analysis required by subsection (a) 

3 shall be designed, to the greatest extent possible, to pro4 vide decisionmakers with the ability to make a direct com5 parison between approaches for the supplemental treat6 ment of low-activity waste at the Hanford Nuclear Res7 ervation based on criteria that are relevant to decision8 making and most clearly differentiate between approaches. 

9 (c) ELEMENTS.—The analysis required by subsection 

10 (a) shall include an assessment of the following: 

11 (1) The most effective potential technology for 

12 supplemental treatment of low-activity waste that 

13 will produce an effective waste form, including an 

14 assessment of the following: 

15 (A) The maturity and complexity of the 

16 technology. 

17 (B) The extent of previous use of the tech18 nology. 

19 (C) The life cycle costs and duration of use 

20 of the technology. 

21 (D) The effectiveness of the technology 

22 with respect to immobilization. 

23 (E) The performance of the technology ex24 pected under permanent disposal. 


pbinns on DSKJLVW7X2PROD with BILLS
1055 

•S 4049 RS

1 (2) The differences among approaches for the 

2 supplemental treatment of low-activity waste consid3 ered as of the date of the analysis. 

4 (3) The compliance of such approaches with the 

5 technical standards described in section 

6 3134(b)(2)(D) of section 3134 of the National De7 fense Authorization Act for Fiscal Year 2017. 

8 (4) The differences among potential disposal 

9 sites for the waste form produced through such 

10 treatment, including mitigation of radionuclides, in11 cluding technetium-99, selenium-79, and iodine-129, 

12 on a system level. 

13 (5) Potential modifications to the design of fa14 cilities to enhance performance with respect to dis15 posal of the waste form to account for the following: 

16 (A) Regulatory compliance. 

17 (B) Public acceptance. 

18 (C) Cost. 

19 (D) Safety. 

20 (E) The expected radiation dose to maxi21 mally exposed individuals over time. 

22 (F) Differences among disposal environ23 ments. 

24 (6) Approximately how much and what type of 

25 pretreatment is needed to meet regulatory requireVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01055 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1056 

•S 4049 RS

1 ments regarding long-lived radionuclides and haz2 ardous chemicals to reduce disposal costs for radio3 nuclides described in paragraph (4). 

4 (7) Whether the radionuclides can be left in the 

5 waste form or economically removed and bounded at 

6 a system level by the performance assessment of a 

7 potential disposal site and, if the radionuclides can8 not be left in the waste form, how to account for the 

9 secondary waste stream. 

10 (8) Other relevant factors relating to the tech11 nology described in paragraph (1), including the fol12 lowing: 

13 (A) The costs and risks in delays with re14 spect to tank performance over time. 

15 (B) Consideration of experience with treat16 ment methods at other sites and commercial fa17 cilities. 

18 (C) Outcomes of the test bed initiative of 

19 the Office of Environmental Management at the 

20 Hanford Nuclear Reservation. 

21 (d) REVIEW, CONSULTATION, SUBMISSION, AND LIM22 ITATIONS.—The provision of subsections (c) through (f) 

23 of section 3134 of the National Defense Authorization Act 

24 for Fiscal Year 2017 shall apply with respect to the anal25 ysis required by subsection (a) to the same extent and in 


pbinns on DSKJLVW7X2PROD with BILLS
1057 

•S 4049 RS

1 the same manner that such provisions applied with respect 

2 to the analysis required by subsection (a) of such section 

3 3134, except that subsection (e) of such section shall be 

4 applied and administered by substituting ‘‘the date of the 

5 enactment of the National Defense Authorization Act for 

6 Fiscal Year 2021’’ for ‘‘the date of the enactment of this 

7 Act’’ each place it appears. 

8 Subtitle F—Other Matters 

9 SEC. 3151. MODIFICATIONS TO ENHANCED PROCUREMENT 

10 AUTHORITY TO MANAGE SUPPLY CHAIN 

11 RISK. 

12 Section 4806 of the Atomic Energy Defense Act (50 

13 U.S.C. 2786) is amended— 

14 (1) in subsections (a) and (c), by inserting ‘‘or 

15 special exclusion action’’ after ‘‘covered procurement 

16 action’’ each place it appears; 

17 (2) by redesignating subsections (e) and (f) as 

18 subsections (f) and (g), respectively; 

19 (3) by inserting after subsection (d) the fol20 lowing new subsection (e): 

21 ‘‘(e) DELEGATION OF AUTHORITY.—The Secretary 

22 may delegate the authority under this section to— 

23 ‘‘(1) in the case of the Administration, the Ad24 ministrator; and 


pbinns on DSKJLVW7X2PROD with BILLS
1058 

•S 4049 RS

1 ‘‘(2) in the case of any other component of the 

2 Department of Energy, the Senior Procurement Ex3 ecutive of the Department.’’; and 

4 (4) in subsection (f), as redesignated by para5 graph (2)— 

6 (A) by redesignating paragraph (6) as 

7 paragraph (7); and 

8 (B) by inserting after paragraph (5) the 

9 following new paragraph (6): 

10 ‘‘(6) SPECIAL EXCLUSION ACTION.—The term 

11 ‘special exclusion action’ means an action to pro12 hibit, for a period not to exceed two years, the 

13 award of any contracts or subcontracts by the Ad14 ministration or any other component of the Depart15 ment of Energy related to any covered system to a 

16 source the Secretary determines to represent a sup17 ply chain risk.’’. 

18 SEC. 3152. LABORATORY- OR PRODUCTION FACILITY-DI19 RECTED RESEARCH AND DEVELOPMENT 

20 PROGRAMS. 

21 (a) IN GENERAL.—Section 4811 of the Atomic En22 ergy Defense Act (50 U.S.C. 2791) is amended to read 

23 as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
1059 

•S 4049 RS

1 ‘‘SEC. 4811. LABORATORY- OR PRODUCTION FACILITY-DI2 RECTED RESEARCH AND DEVELOPMENT 

3 PROGRAMS. 

4 ‘‘(a) AUTHORITY.—The directors of the national se5 curity laboratories and the nuclear weapons production fa6 cilities are authorized to carry out laboratory- or produc7 tion facility-directed research and development. 

8 ‘‘(b) REGULATIONS.—The Administrator shall pre9 scribe regulations for the conduct of laboratory- or produc10 tion facility-directed research and development at the na11 tional security laboratories and the nuclear weapons pro12 duction facilities. 

13 ‘‘(c) FUNDING.—Of the funds provided by the Ad14 ministration to a national security laboratory or nuclear 

15 weapons production facility for national security activities, 

16 the Administrator shall provide a specific amount, of not 

17 less than 5 percent and not more than 7 percent of such 

18 funds, to be used by the laboratory or facility for 

19 laboratory- or production facility-directed research and de20 velopment. 

21 ‘‘(d) DEFINITION.—In this section, the term 

22 ‘laboratory- or production facility-directed research and 

23 development’ means research and development work of a 

24 creative and innovative nature which, under the regula25 tions prescribed pursuant to subsection (b), is selected by 

26 the director of a national security laboratory or nuclear 


pbinns on DSKJLVW7X2PROD with BILLS
1060 

•S 4049 RS

1 weapons production facility for the purpose of maintaining 

2 the vitality of the laboratory or facility in defense-related 

3 scientific disciplines.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 for the Atomic Energy Defense Act is amended by striking 

6 the item relating to section 4811 and inserting the fol7 lowing new item: 

‘‘Sec. 4811. Laboratory- or production facility-directed research and development programs.’’. 

8 SEC. 3153. PROHIBITION ON USE OF LABORATORY- OR PRO9 DUCTION FACILITY-DIRECTED RESEARCH 

10 AND DEVELOPMENT FUNDS FOR GENERAL 

11 AND ADMINISTRATIVE OVERHEAD COSTS. 

12 Section 4811 of the Atomic Energy Defense Act (50 

13 U.S.C. 2791), as amended by section 3152, is further 

14 amended— 

15 (1) by redesignating subsection (d) as sub16 section (e); and 

17 (2) by inserting after subsection (c) the fol18 lowing new subsection (d): 

19 ‘‘(d) PROHIBITION ON USE OF FUNDS FOR OVER20 HEAD.—Funds provided to a national security laboratory 

21 or nuclear weapons production facility for laboratory- or 

22 production facility-directed research and development may 

23 not be used to cover the costs of general and administra24 tive overhead for the laboratory or facility.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1061 

•S 4049 RS

1 SEC. 3154. MONITORING OF INDUSTRIAL BASE FOR NU2 CLEAR WEAPONS COMPONENTS, SUB3 SYSTEMS, AND MATERIALS. 

4 (a) DESIGNATION OF OFFICIAL.—Not later than 

5 March 1, 2021, the Administrator for Nuclear Security 

6 shall designate a senior official within the National Nu7 clear Security Administration to be responsible for moni8 toring the industrial base that supports the nuclear weap9 ons components, subsystems, and materials of the Admin10 istration, including— 

11 (1) the consistent monitoring of the current sta12 tus of the industrial base; 

13 (2) tracking of industrial base issues over time; 

14 and 

15 (3) proactively identifying gaps or risks in spe16 cific areas relating to the industrial base. 

17 (b) PROVISION OF RESOURCES.—The Administrator 

18 shall ensure that the official designated under subsection 

19 (a) is provided with resources sufficient to conduct the 

20 monitoring required by that subsection. 

21 (c) CONSULTATIONS.—The Administrator, acting 

22 through the official designated under subsection (a), shall, 

23 to the extent practicable and beneficial, in conducting the 

24 monitoring required by that subsection, consult with— 

25 (1) officials of the Department of Defense who 

26 are members of the Nuclear Weapons Council estabVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1062 

•S 4049 RS

1 lished under section 179 of title 10, United States 

2 Code; 

3 (2) officials of the Department of Defense re4 sponsible for the defense industrial base; and 

5 (3) other components of the Department of En6 ergy that rely on similar components, subsystems, or 

7 materials. 

8 (d) BRIEFINGS.— 

9 (1) INITIAL BRIEFING.—Not later than April 1, 

10 2021, the Administrator shall provide to the Com11 mittees on Armed Services of the Senate and the 

12 House of Representatives a briefing on the designa13 tion of the official required by subsection (a), includ14 ing on— 

15 (A) the responsibilities assigned to that of16 ficial; and 

17 (B) the plan for providing that official with 

18 resources sufficient to conduct the monitoring 

19 required by subsection (a). 

20 (2) SUBSEQUENT BRIEFINGS.—Not later than 

21 April 1, 2022, and annually thereafter through 

22 2024, the Administrator shall provide to the Com23 mittees on Armed Services of the Senate and the 

24 House of Representatives a briefing on activities car25 ried out under this section that includes an assessVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1063 

•S 4049 RS

1 ment of the progress made by the official designated 

2 under subsection (a) in conducting the monitoring 

3 required by that subsection. 

4 SEC. 3155. PROHIBITION ON USE OF FUNDS FOR ADVANCED 

5 NAVAL NUCLEAR FUEL SYSTEM BASED ON 

6 LOW-ENRICHED URANIUM. 

7 (a) IN GENERAL.—None of the funds authorized to 

8 be appropriated for the National Nuclear Security Admin9 istration for fiscal year 2021 may be obligated or expended 

10 to conduct research and development of an advanced naval 

11 nuclear fuel system based on low-enriched uranium until 

12 the following certifications are submitted to the congres13 sional defense committees: 

14 (1) A joint certification of the Secretary of En15 ergy and the Secretary of Defense that the deter16 mination made by the Secretary of Energy and the 

17 Secretary of the Navy pursuant to section 

18 3118(c)(1) of the National Defense Authorization 

19 Act for Fiscal Year 2016 (Public Law 114–92; 129 

20 Stat. 1196) and submitted to the congressional de21 fense committees on March 25, 2018, that the 

22 United States should not pursue such research and 

23 development, no longer reflects the policy of the 

24 United States. 


pbinns on DSKJLVW7X2PROD with BILLS
1064 

•S 4049 RS

1 (2) A certification of the Secretary of the Navy 

2 that an advanced naval nuclear fuel system based on 

3 low-enriched uranium would not reduce vessel capa4 bility, increase expense, or reduce operational avail5 ability as a result of refueling requirements. 

6 (b) REPORT REQUIRED.—Not later than 60 days 

7 after the date of the enactment of this Act, the Adminis8 trator for Nuclear Security shall submit to the congres9 sional defense committees a report on activities conducted 

10 using amounts made available for fiscal year 2020 for non11 proliferation fuels development, including a description of 

12 progress made toward technological or nonproliferation 

13 goals. 

14 SEC. 3156. AUTHORIZATION OF APPROPRIATIONS FOR W93 

15 NUCLEAR WARHEAD PROGRAM. 

16 In accordance with section 4209(a)(1)(B) of the 

17 Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)(B)), 

18 funds are hereby authorized to be appropriated to the De19 partment of Energy for fiscal year 2021 for the W93 nu20 clear warhead program as specified in the funding table 

21 in section 4701. 


pbinns on DSKJLVW7X2PROD with BILLS
1065 

•S 4049 RS

1 SEC. 3157. REVIEW OF FUTURE OF COMPUTING BEYOND 

2 EXASCALE AT THE NATIONAL NUCLEAR SE3 CURITY ADMINISTRATION. 

4 (a) IN GENERAL.—The Administrator for Nuclear 

5 Security, in consultation with the Secretary of Energy, 

6 shall enter into an agreement with the National Academy 

7 of Science to review the future of computing beyond 

8 exascale computing to meet national security needs at the 

9 National Nuclear Security Administration. 

10 (b) ELEMENTS.—The review required by subsection 

11 (a) shall address the following: 

12 (1) Future computing needs of the National 

13 Nuclear Security Administration that exascale com14 puting will not accomplish during the 20 years after 

15 the date of the enactment of this Act. 

16 (2) Computing architectures that potentially 

17 can meet those needs, including— 

18 (A) classical computing architectures em19 ployed as of such date of enactment; 

20 (B) quantum computing architectures and 

21 other novel computing architectures; 

22 (C) hybrid combinations of classical and 

23 quantum computing architectures; and 

24 (D) other architectures as necessary. 

25 (3) The development of software for the com26 puting architectures described in paragraph (2). 


pbinns on DSKJLVW7X2PROD with BILLS
1066 

•S 4049 RS

1 (4) The maturity of the computing architec2 tures described in paragraph (2) and the software 

3 described in paragraph (3), with key obstacles that 

4 must be overcome for the employment of such archi5 tectures and software. 

6 (5) The secure industrial base that exists as of 

7 the date of the enactment of this Act to meet the 

8 unique needs of computing at the National Nuclear 

9 Security Administration, including needs with re10 spect to— 

11 (A) personnel; 

12 (B) microelectronics; and 

13 (C) other appropriate matters. 

14 (c) INFORMATION AND CLEARANCES.—The Adminis15 trator shall ensure that personnel of the National Acad16 emy of Sciences overseeing the implementation of the 

17 agreement required by subsection (a) or conducting the 

18 review required by that subsection receive, in a timely 

19 manner, access to information and necessary security 

20 clearances to enable the conduct of the review. 

21 (d) REPORT REQUIRED.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of the enactment of this Act, the National 

24 Academy of Sciences shall submit to the congresVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1067 

•S 4049 RS

1 sional defense committees a report on the findings of 

2 the review required by subsection (a). 

3 (2) FORM.—The report required by paragraph 

4 (1) shall be submitted in unclassified form but may 

5 include a classified annex. 

6 (e) EXASCALE COMPUTING DEFINED.—In this sec7 tion, the term ‘‘exascale computing’’ means computing 

8 through the use of a computing machine that performs 

9 near or above 10 to the 18th power floating point oper10 ations per second. 

11 SEC. 3158. APPLICATION OF REQUIREMENT FOR INDE12 PENDENT COST ESTIMATES AND REVIEWS TO 

13 NEW NUCLEAR WEAPON SYSTEMS. 

14 Section 4217(b)(1) of the Atomic Energy Defense 

15 Act (50 U.S.C. 2537(b)(1)) is amended— 

16 (1) in subparagraph (A)— 

17 (A) in clause (i), by inserting ‘‘, and each 

18 new nuclear weapon system at the completion of 

19 phase 2A’’ after ‘‘phase 6.2A’’; 

20 (B) in clause (ii), by inserting ‘‘, and each 

21 new nuclear weapon system at the completion of 

22 phase 3’’ after ‘‘phase 6.3’’; and 

23 (C) in clause (iii)— 


pbinns on DSKJLVW7X2PROD with BILLS
1068 

•S 4049 RS

1 (i) by inserting ‘‘, and each new nu2 clear weapon system at the completion of 

3 phase 4’’ after ‘‘phase 6.4’’; and 

4 (ii) by inserting ‘‘or 5, as applicable’’ 

5 after ‘‘phase 6.5’’; and 

6 (2) in subparagraph (B), by inserting ‘‘, and 

7 each new nuclear weapon system at the completion 

8 of phase 2’’ after ‘‘phase 6.2’’. 

9 SEC. 3159. EXTENSION AND EXPANSION OF LIMITATIONS 

10 ON IMPORTATION OF URANIUM FROM RUS11 SIAN FEDERATION. 

12 (a) IN GENERAL.—Section 3112A of the USEC Pri13 vatization Act (42 U.S.C. 2297h–10a) is amended— 

14 (1) in subsection (a)— 

15 (A) by redesignating paragraph (7) as 

16 paragraph (8); and 

17 (B) by inserting after paragraph (6) the 

18 following: 

19 ‘‘(7) SUSPENSION AGREEMENT.—The term 

20 ‘Suspension Agreement’ has the meaning given that 

21 term in section 3102(13).’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘United States to support’’ 

24 and inserting the following: ‘‘United States— 

25 ‘‘(1) to support’’; 


pbinns on DSKJLVW7X2PROD with BILLS
1069 

•S 4049 RS

1 (B) by striking the period at the end and 

2 inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(2) that reliance on uranium imports raises 

5 significant national security concerns; 

6 ‘‘(3) to revive and strengthen the supply chain 

7 for nuclear fuel produced and used in the United 

8 States; and 

9 ‘‘(4) to expand production of nuclear fuel in the 

10 United States.’’; and 

11 (3) in subsection (c)— 

12 (A) in paragraph (2)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘After’’ and insert15 ing ‘‘Except as provided in subparagraph 

16 (B), after’’; 

17 (ii) in subparagraph (A)— 

18 (I) in clause (vi), by striking ‘‘; 

19 and’’ and inserting a semicolon; 

20 (II) in clause (vii), by striking 

21 the period at the end and inserting a 

22 semicolon; and 

23 (III) by adding at the end the 

24 following: 


pbinns on DSKJLVW7X2PROD with BILLS
1070 

•S 4049 RS

1 ‘‘(viii) in calendar year 2021, 422,038 

2 kilograms; 

3 ‘‘(ix) in calendar year 2022, 415,573 

4 kilograms; 

5 ‘‘(x) in calendar year 2023, 409,445 

6 kilograms; 

7 ‘‘(xi) in calendar year 2024, 404,469 

8 kilograms; 

9 ‘‘(xii) in calendar year 2025, 399,241 

10 kilograms; 

11 ‘‘(xiii) in calendar year 2026, 393,985 

12 kilograms; 

13 ‘‘(xiv) in calendar year 2027, 389,656 

14 kilograms; 

15 ‘‘(xv) in calendar year 2028, 389,656 

16 kilograms; 

17 ‘‘(xvi) in calendar year 2029, 384,905 

18 kilograms; 

19 ‘‘(xvii) in calendar year 2030, 

20 375,882 kilograms; 

21 ‘‘(xviii) in calendar year 2031, 

22 372,171 kilograms; 

23 ‘‘(xix) in calendar year 2032, 364,694 

24 kilograms; 


pbinns on DSKJLVW7X2PROD with BILLS
1071 

•S 4049 RS

1 ‘‘(xx) in calendar year 2033, 359,353 

2 kilograms; 

3 ‘‘(xxi) in calendar year 2034, 337,344 

4 kilograms; and 

5 ‘‘(xxii) in calendar year 2035, 

6 333,296 kilograms.’’; 

7 (iii) by redesignating subparagraph 

8 (B) as subparagraph (D); and 

9 (iv) by inserting after subparagraph 

10 (A) the following: 

11 ‘‘(B) HARMONIZATION WITH SUSPENSION

12 AGREEMENT.— 

13 ‘‘(i) IN GENERAL.—If, not later than 

14 December 31, 2020, the Department of 

15 Commerce and the Russian Federation fi16 nalize an amendment to the Suspension 

17 Agreement to extend the Agreement, the 

18 import limitations under subparagraph (A) 

19 for a calendar year shall be superceded by 

20 any export limitations, including the asso21 ciated calculation parameters, agreed to by 

22 the Department of Commerce as part of 

23 that amendment. 

24 ‘‘(ii) TERMINATION OF SUSPENSION

25 AGREEMENT.—If the Suspension AgreeVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01071 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1072 

•S 4049 RS

1 ment terminates or expires, the import lim2 itations specified in subparagraph (A) 

3 shall— 

4 ‘‘(I) take effect on the date on 

5 which the Suspension Agreement ter6 minates or expires; and 

7 ‘‘(II) apply in addition to any 

8 antidumping duties imposed pursuant 

9 to title VII of the Tariff Act of 1930 

10 (19 U.S.C. 1671 et seq.) with respect 

11 to low-enriched uranium produced in 

12 the Russian Federation. 

13 ‘‘(C) SEPARATIVE WORK UNITS REQUIRE14 MENT.—Not more than 25 percent of the quan15 tity of low-enriched uranium produced in the 

16 Russian Federation and imported under sub17 paragraph (A) in any year may be imported 

18 under contracts other than contracts exclusively 

19 for separative work units.’’; 

20 (B) in paragraph (3), by striking ‘‘United 

21 States—’’ and all that follows and inserting the 

22 following: ‘‘United States for processing and to 

23 be certified for reexportation and not for con24 sumption in the United States.’’; 

25 (C) in paragraph (5)— 


pbinns on DSKJLVW7X2PROD with BILLS
1073 

•S 4049 RS

1 (i) in subparagraph (A)— 

2 (I) by striking ‘‘reference data’’ 

3 and all that follows through ‘‘2019’’ 

4 and inserting the following: ‘‘lower 

5 scenario data in the document of the 

6 World Nuclear Association entitled 

7 ‘Nuclear Fuel Report: Global Sce8 narios for Demand and Supply Avail9 ability 2019–2040’. In each of cal10 endar years 2023, 2027, and 2031’’; 

11 and 

12 (II) by striking ‘‘report or a sub13 sequent report’’ and inserting ‘‘docu14 ment’’; 

15 (ii) by redesignating subparagraphs 

16 (B) and (C) as subpagraphs (C) and (D), 

17 respectively; 

18 (iii) by inserting after subparagraph 

19 (A) the following: 

20 ‘‘(B) REPORT REQUIRED.—Not later than 

21 one year after the date of the enactment of the 

22 National Defense Authorization Act for Fiscal 

23 Year 2021, and every 3 years thereafter, the 

24 Secretary shall submit to Congress a report 

25 that includes— 


pbinns on DSKJLVW7X2PROD with BILLS
1074 

•S 4049 RS

1 ‘‘(i) a recommendation on the use of 

2 all publicly available data to ensure accu3 rate forecasting by scenario data to com4 port to actual demand for low-enriched 

5 uranium for nuclear reactors in the United 

6 States; and 

7 ‘‘(ii) an identification of the steps to 

8 be taken to adjust the import limitations 

9 described in paragraph (2)(A) based on the 

10 most accurate scenario data.’’; and 

11 (iv) in subparagraph (D), as redesig12 nated by clause (ii), by striking ‘‘subpara13 graph (B)’’ and inserting ‘‘subparagraph 

14 (D)’’; 

15 (D) in paragraph (6), in the matter pre16 ceding subparagraph (A), by striking ‘‘the ad17 justment under paragraph (5)(A)’’ and insert18 ing ‘‘any adjustment under paragraph (2)(B) or 

19 (5)(A)’’; 

20 (E) in paragraph (7)(A), by striking ‘‘0.3 

21 percent’’ and inserting ‘‘0.22 percent’’; 

22 (F) in paragraph (9), by striking ‘‘2020’’ 

23 and inserting ‘‘2035’’; 

24 (G) by striking ‘‘(2)(B)’’ each place it ap25 pears and inserting ‘‘(2)(D)’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
1075 

•S 4049 RS

1 (H) in paragraph (12)(B), by inserting ‘‘or 

2 the Suspension Agreement’’ after ‘‘the Russian 

3 HEU Agreement’’. 

4 (b) APPLICABILITY.—The amendments made by sub5 section (a) apply with respect to uranium imported from 

6 the Russian Federation on or after January 1, 2021. 

7 SEC. 3160. INTEGRATION OF STOCKPILE STEWARDSHIP 

8 AND NONPROLIFERATION MISSIONS. 

9 (a) SENSE OF SENATE.—It is the sense of the Senate 

10 that, in recognition of the close relationships between the 

11 nuclear weapons expertise and infrastructure of the na12 tional security laboratories (as defined in section 4002 of 

13 the Atomic Energy Defense Act (50 U.S.C. 2501)), those 

14 laboratories should continue to apply their capabilities to 

15 assessing, understanding, and countering current and 

16 emerging nuclear threats, including the nuclear capabili17 ties of adversaries of the United States. 

18 (b) INTEGRATION.—The Secretary of Energy shall 

19 ensure that the capabilities of the stockpile stewardship 

20 program under section 4201 of the Atomic Energy De21 fense Act (50 U.S.C. 2521) are available to assess pro22 liferation challenges, nuclear capabilities of adversaries of 

23 the United States, and related safeguards. 


pbinns on DSKJLVW7X2PROD with BILLS
1076 

•S 4049 RS

1 SEC. 3161. TECHNOLOGY DEVELOPMENT AND INTEGRA2 TION PROGRAM. 

3 The Administrator for Nuclear Security shall estab4 lish a technology development and integration program to 

5 improve the safety and security of the nuclear weapons 

6 stockpile, and to prevent proliferation, through research 

7 and development, engineering, and integration of tech8 nologies applicable to multiple weapons systems in the 

9 stockpile. 

10 SEC. 3162. ADVANCED MANUFACTURING DEVELOPMENT 

11 PROGRAM. 

12 The Administrator for Nuclear Security shall estab13 lish an advanced manufacturing development program to 

14 focus on the development, demonstration, and deployment 

15 of next-generation processes and manufacturing tools to 

16 ensure that the nuclear weapons stockpile is safe and se17 cure. 

18 SEC. 3163. MATERIALS SCIENCE PROGRAM. 

19 The Administrator for Nuclear Security shall estab20 lish a materials science program to develop new materials 

21 to replace materials that are no longer available for weap22 ons sustainment. 


pbinns on DSKJLVW7X2PROD with BILLS
1077 

•S 4049 RS

1 SEC. 3164. MODIFICATIONS TO INERTIAL CONFINEMENT 

2 FUSION IGNITION AND HIGH YIELD PRO3 GRAM. 

4 (a) IN GENERAL.—The Inertial Confinement Fusion 

5 Ignition and High Yield Program of the National Nuclear 

6 Security Administration (in this section referred to as the 

7 ‘‘Program’’) shall provide the scientific understanding and 

8 experimental capabilities required to validate the safety 

9 and effectiveness of the nuclear weapons stockpile. 

10 (b) RECOMMENDATIONS RELATING TO HIGH EN11 ERGY DENSITY PHYSICS.— 

12 (1) ESTABLISHMENT OF WORKING GROUP.— 

13 The Administrator for Nuclear Security shall estab14 lish a working group to identify and implement any 

15 recommendations issued by the National Academies 

16 of Sciences, Engineering, and Medicine as required 

17 by section 3137 of the National Defense Authoriza18 tion Act for Fiscal Year 2020 (Public Law 116–92). 

19 (2) REPORT REQUIRED.—Not later than March 

20 31, 2021, the Administrator shall submit to the con21 gressional defense committees a report on the 

22 timelines for completing implementation of the rec23 ommendations described in paragraph (1). 


pbinns on DSKJLVW7X2PROD with BILLS
1078 

•S 4049 RS

1 SEC. 3165. EARNED VALUE MANAGEMENT PROGRAM FOR 

2 LIFE EXTENSION PROGRAMS. 

3 (a) IN GENERAL.—Subtitle A of title XLII of the 

4 Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is 

5 amended by adding at the end the following new section: 

6 ‘‘SEC. 4223. EARNED VALUE MANAGEMENT PROGRAM FOR 

7 LIFE EXTENSION PROGRAMS. 

8 ‘‘(a) IN GENERAL.—The Administrator shall estab9 lish an earned value management program to establish 

10 earned value management standards— 

11 ‘‘(1) to ensure specific benchmarks are set for 

12 technology readiness for life extension programs; and 

13 ‘‘(2) to ensure that appropriate risk mitigation 

14 measures are taken to meet the cost and schedule 

15 requirements of such programs. 

16 ‘‘(b) REVIEW OF CONTRACTOR EARNED VALUE MAN17 AGEMENT SYSTEMS.—The Administrator shall enter into 

18 an arrangement with an independent entity under which 

19 that entity shall review and determine whether the earned 

20 value management standards of contractors of the Admin21 istration for life extension programs are consistent with 

22 the standards established under subsection (a). 

23 ‘‘(c) RECONCILIATION OF COST ESTIMATES.—The 

24 Administrator shall ensure that key decisions of the Ad25 ministration concerning project milestones in life exten26 sion programs are based on a reconciliation of cost estiVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01078 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1079 

•S 4049 RS

1 mates of the Administration with any independent cost es2 timates conducted by the Director of Cost Estimating and 

3 Program Evaluation.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 for the Atomic Energy Defense Act is amended by insert6 ing after the item relating to section 4222 the following 

7 new item: 

‘‘Sec. 4223. Earned value management program for life extension programs.’’. 

8 SEC. 3166. USE OF HIGH PERFORMANCE COMPUTING CAPA9 BILITIES FOR COVID–19 RESEARCH. 

10 The Secretary of Energy shall make the unclassified 

11 high performance computing capabilities of the Depart12 ment of Energy available for research relating to the 

13 coronavirus disease 2019 (commonly known as ‘‘COVID– 

14 19’’) so long as and to the extent that doing so does not 

15 negatively affect the stockpile stewardship mission of the 

16 National Nuclear Security Administration. 

17 SEC. 3167. AVAILABILITY OF STOCKPILE RESPONSIVENESS 

18 FUNDS FOR PROJECTS TO REDUCE TIME 

19 NECESSARY TO EXECUTE A NUCLEAR TEST. 

20 From amounts authorized to be appropriated by sec21 tion 3101 and available, as specified in the funding table 

22 in section 4701, for the Stockpile Responsiveness Program 

23 under section 4220 of the Atomic Energy Defense Act (50 

24 U.S.C. 2538b), not less than $10,000,000 shall be made 


pbinns on DSKJLVW7X2PROD with BILLS
1080 

•S 4049 RS

1 available to carry out projects related to reducing the time 

2 required to execute a nuclear test if necessary. 

3 TITLE XXXII—DEFENSE NU4 CLEAR FACILITIES SAFETY 

5 BOARD 

6 SEC. 3201. AUTHORIZATION. 

7 There are authorized to be appropriated for fiscal 

8 year 2021, $28,836,000 for the operation of the Defense 

9 Nuclear Facilities Safety Board under chapter 21 of the 

10 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

11 SEC. 3202. NONPUBLIC COLLABORATIVE DISCUSSIONS BY 

12 DEFENSE NUCLEAR FACILITIES SAFETY 

13 BOARD. 

14 Section 313 of the Atomic Energy Act of 1954 (42 

15 U.S.C. 2286b) is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(k) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding section 

19 552b of title 5, United States Code, a quorum of the 

20 members of the Board may hold a meeting that is 

21 not open to public observation to discuss official 

22 business of the Board if— 

23 ‘‘(A) no formal or informal vote or other 

24 official action is taken at the meeting; 


pbinns on DSKJLVW7X2PROD with BILLS
1081 

•S 4049 RS

1 ‘‘(B) each individual present at the meet2 ing is a member or an employee of the Board; 

3 ‘‘(C) at least one member of the Board 

4 from each political party is present at the meet5 ing, unless all members of the Board are of the 

6 same political party at the time of the meeting; 

7 and 

8 ‘‘(D) the general counsel of the Board, or 

9 a designee of the general counsel, is present at 

10 the meeting. 

11 ‘‘(2) DISCLOSURE OF NONPUBLIC COLLABO12 RATIVE DISCUSSIONS.— 

13 ‘‘(A) IN GENERAL.—Except as provided by 

14 subparagraph (B), not later than two business 

15 days after the conclusion of a meeting described 

16 in paragraph (1), the Board shall make avail17 able to the public, in a place easily accessible to 

18 the public— 

19 ‘‘(i) a list of the individuals present at 

20 the meeting; and 

21 ‘‘(ii) a summary of the matters, in22 cluding key issues, discussed at the meet23 ing, except for any matter the Board prop24 erly determines may be withheld from the 


pbinns on DSKJLVW7X2PROD with BILLS
1082 

•S 4049 RS

1 public under section 552b(c) of title 5, 

2 United States Code. 

3 ‘‘(B) INFORMATION ABOUT MATTERS

4 WITHHELD FROM PUBLIC.—If the Board prop5 erly determines under subparagraph (A)(ii) that 

6 a matter may be withheld from the public under 

7 section 552b(c) of title 5, United States Code, 

8 the Board shall include in the summary re9 quired by that subparagraph as much general 

10 information as possible with respect to the mat11 ter. 

12 ‘‘(3) RULES OF CONSTRUCTION.—Nothing in 

13 this subsection may be construed— 

14 ‘‘(A) to limit the applicability of section 

15 552b of title 5, United States Code, with re16 spect to— 

17 ‘‘(i) a meeting of the members of the 

18 Board other than a meeting described in 

19 paragraph (1); or 

20 ‘‘(ii) any information that is proposed 

21 to be withheld from the public under para22 graph (2)(A)(ii); or 

23 ‘‘(B) to authorize the Board to withhold 

24 from any individual any record that is accesVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1083 

•S 4049 RS

1 sible to that individual under section 552a of 

2 title 5, United States Code.’’. 

3 SEC. 3203. IMPROVEMENTS TO OPERATIONS OF DEFENSE 

4 NUCLEAR FACILITIES SAFETY BOARD. 

5 (a) MISSION OF BOARD.—Section 312(a) of the 

6 Atomic Energy Act of 1954 (42 U.S.C. 2286a(a)) is 

7 amended by striking ‘‘employees and contractors at such 

8 facilities’’ and inserting ‘‘workers at such facilities con9 ducting activities covered by part 830 of title 10, Code 

10 of Federal Regulations (or any successor regulation)’’. 

11 (b) COOPERATION.—Section 314(a) of the Atomic 

12 Energy Act of 1954 (42 U.S.C. 2286c(a)) is amended— 

13 (1) by inserting ‘‘(1)’’ before ‘‘Except’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) For purposes of this subsection, the term ‘unfet17 tered access’, with respect to a facility or personnel of or 

18 information related to a facility, means access equivalent 

19 to the access to the facility, personnel, or information pro20 vided to a regular employee of the facility, after proper 

21 identification and compliance with applicable access con22 trol measures for security, radiological protection, and 

23 personal safety.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1084 

•S 4049 RS

1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

3 SEC. 3501. MARITIME ADMINISTRATION. 

4 Section 109 of title 49, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 109. Maritime Administration 

7 ‘‘(a) ORGANIZATION AND MISSION.—The Maritime 

8 Administration is an administration in the Department of 

9 Transportation. The mission of the Maritime Administra10 tion is to foster, promote, and develop the merchant mari11 time industry of the United States. 

12 ‘‘(b) MARITIME ADMINISTRATOR.—The head of the 

13 Maritime Administration is the Maritime Administrator, 

14 who is appointed by the President by and with the advice 

15 and consent of the Senate. The Administrator shall report 

16 directly to the Secretary of Transportation and carry out 

17 the duties prescribed by the Secretary. 

18 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The 

19 Maritime Administration shall have a Deputy Maritime 

20 Administrator, who is appointed in the competitive service 

21 by the Secretary, after consultation with the Adminis22 trator. The Deputy Administrator shall carry out the du23 ties prescribed by the Administrator. The Deputy Admin24 istrator shall be Acting Administrator during the absence 

25 or disability of the Administrator and, unless the SecVerDate Sep 11 2014 00:05 Jun 24, 2020 Jkt 099200 PO 00000 Frm 01084 Fmt 6652 Sfmt 6201 E:\BILLS\S4049\S4049.RS S4049

pbinns on DSKJLVW7X2PROD with BILLS
1085 

•S 4049 RS

1 retary designates another individual, during a vacancy in 

2 the office of Administrator. 

3 ‘‘(d) DUTIES AND POWERS VESTED IN SEC4 RETARY.—All duties and powers of the Maritime Adminis5 tration are vested in the Secretary. 

6 ‘‘(e) REGIONAL OFFICES.—The Maritime Adminis7 tration shall have regional offices for the Atlantic, Gulf, 

8 Great Lakes, and Pacific port ranges, and may have other 

9 regional offices as necessary. The Secretary shall appoint 

10 a qualified individual as Director of each regional office. 

11 The Secretary shall carry out appropriate activities and 

12 programs of the Maritime Administration through the re13 gional offices. 

14 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.— 

15 The Secretary shall establish and maintain liaison with 

16 other agencies, and with representative trade organiza17 tions throughout the United States, concerned with the 

18 transportation of commodities by water in the export and 

19 import foreign commerce of the United States, for the pur20 pose of securing preference to vessels of the United States 

21 for the transportation of those commodities. 

22 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.— 

23 To assist the Secretary in carrying out duties and powers 

24 relating to the Maritime Administration, not more than 

25 five officers of the Armed Forces may be detailed to the 


pbinns on DSKJLVW7X2PROD with BILLS
1086 

•S 4049 RS

1 Secretary at any one time, in addition to details author2 ized by any other law. During the period of a detail, the 

3 Secretary shall pay the officer an amount that, when 

4 added to the officer’s pay and allowances as an officer in 

5 the Armed Forces, makes the officer’s total pay and allow6 ances equal to the amount that would be paid to an indi7 vidual performing work the Secretary considers to be of 

8 similar importance, difficulty, and responsibility as that 

9 performed by the officer during the detail. 

10 ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND

11 AUDITS.— 

12 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE13 MENTS.—In the same manner that a private cor14 poration may make a contract within the scope of its 

15 authority under its charter, the Secretary may make 

16 contracts and cooperative agreements for the United 

17 States Government and disburse amounts to— 

18 ‘‘(A) carry out the Secretary’s duties and 

19 powers under this section, subtitle V of title 46, 

20 and all other Maritime Administration pro21 grams; and 

22 ‘‘(B) protect, preserve, and improve collat23 eral held by the Secretary to secure indebted24 ness. 


pbinns on DSKJLVW7X2PROD with BILLS
1087 

•S 4049 RS

1 ‘‘(2) AUDITS.—The financial transactions of 

2 the Secretary under paragraph (1) shall be audited 

3 by the Comptroller General. The Comptroller Gen4 eral shall allow credit for an expenditure shown to 

5 be necessary because of the nature of the business 

6 activities authorized by this section or subtitle V of 

7 title 46. At least once a year, the Comptroller Gen8 eral shall report to Congress any departure by the 

9 Secretary from this section or subtitle V of title 46. 

10 ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as 

11 otherwise provided by law, the administrative and related 

12 expenses for the administration of any grant programs by 

13 the Maritime Administrator may not exceed 3 percent. 

14 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) IN GENERAL.—Except as otherwise pro16 vided in this subsection, there are authorized to be 

17 appropriated such amounts as may be necessary to 

18 carry out the duties and powers of the Secretary re19 lating to the Maritime Administration. 

20 ‘‘(2) LIMITATIONS.—Only those amounts spe21 cifically authorized by law may be appropriated for 

22 the use of the Maritime Administration for— 

23 ‘‘(A) acquisition, construction, or recon24 struction of vessels; 


pbinns on DSKJLVW7X2PROD with BILLS
1088 

•S 4049 RS

1 ‘‘(B) construction-differential subsidies in2 cident to the construction, reconstruction, or re3 conditioning of vessels; 

4 ‘‘(C) costs of national defense features; 

5 ‘‘(D) payments of obligations incurred for 

6 operating-differential subsidies; 

7 ‘‘(E) expenses necessary for research and 

8 development activities, including reimbursement 

9 of the Vessel Operations Revolving Fund for 

10 losses resulting from expenses of experimental 

11 vessel operations; 

12 ‘‘(F) the Vessel Operations Revolving 

13 Fund; 

14 ‘‘(G) National Defense Reserve Fleet ex15 penses; 

16 ‘‘(H) expenses necessary to carry out part 

17 B of subtitle V of title 46; and 

18 ‘‘(I) other operations and training expenses 

19 related to the development of waterborne trans20 portation systems, the use of waterborne trans21 portation systems, and general administra22 tion.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
1089 

•S 4049 RS

1 DIVISION D—FUNDING TABLES 

2 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA3 BLES. 

4 (a) IN GENERAL.—Whenever a funding table in this 

5 division specifies a dollar amount authorized for a project, 

6 program, or activity, the obligation and expenditure of the 

7 specified dollar amount for the project, program, or activ8 ity is hereby authorized, subject to the availability of ap9 propriations. 

10 (b) MERIT-BASED DECISIONS.—A decision to com11 mit, obligate, or expend funds with or to a specific entity 

12 on the basis of a dollar amount authorized pursuant to 

13 subsection (a) shall— 

14 (1) be based on merit-based selection proce15 dures in accordance with the requirements of sec16 tions 2304(k) and 2374 of title 10, United States 

17 Code, or on competitive procedures; and 

18 (2) comply with other applicable provisions of 

19 law. 

20 (c) RELATIONSHIP TO TRANSFER AND PROGRAM21 MING AUTHORITY.—An amount specified in the funding 

22 tables in this division may be transferred or repro23 grammed under a transfer or reprogramming authority 

24 provided by another provision of this Act or by other law. 

25 The transfer or reprogramming of an amount specified in 


pbinns on DSKJLVW7X2PROD with BILLS
1090 

•S 4049 RS

1 such funding tables shall not count against a ceiling on 

2 such transfers or reprogrammings under section 1001 or 

3 section 1522 of this Act or any other provision of law, 

4 unless such transfer or reprogramming would move funds 

5 between appropriation accounts. 

6 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

7 section applies to any classified annex that accompanies 

8 this Act. 

9 (e) ORAL WRITTEN COMMUNICATIONS.—No oral or 

10 written communication concerning any amount specified 

11 in the funding tables in this division shall supersede the 

12 requirements of this section. 

13 TITLE XLI—PROCUREMENT 

14 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

2 MQ–1 UAV ............................................................................................................................... 0 165,000 

Reverse planned temporary procurement pause ............................................................... [165,000] 

3 FUTURE UAS FAMILY ......................................................................................................... 1,100 1,100 

4 RQ–11 (RAVEN) ..................................................................................................................... 20,851 20,851 

ROTARY 

7 AH–64 APACHE BLOCK IIIA REMAN ............................................................................... 792,027 792,027 

8 AH–64 APACHE BLOCK IIIA REMAN AP ......................................................................... 169,460 169,460 

11 UH–60 BLACKHAWK M MODEL (MYP) ............................................................................ 742,998 742,998 

12 UH–60 BLACKHAWK M MODEL (MYP) AP ..................................................................... 87,427 87,427 

13 UH–60 BLACK HAWK L AND V MODELS ........................................................................ 172,797 172,797 

14 CH–47 HELICOPTER ............................................................................................................ 160,750 160,750 

15 CH–47 HELICOPTER AP ..................................................................................................... 18,372 18,372 

MODIFICATION OF AIRCRAFT 

18 UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) ................................................. 7,509 7,509 

19 GRAY EAGLE MODS2 ........................................................................................................... 16,280 16,280 

20 MULTI SENSOR ABN RECON (MIP) ................................................................................. 35,864 35,864 

21 AH–64 MODS .......................................................................................................................... 118,316 118,316 

22 CH–47 CARGO HELICOPTER MODS (MYP) ..................................................................... 15,548 35,548 

IVCS ................................................................................................................................. [20,000] 

23 GRCS SEMA MODS (MIP) .................................................................................................... 2,947 2,947 

24 ARL SEMA MODS (MIP) ....................................................................................................... 9,598 9,598 

25 EMARSS SEMA MODS (MIP) ............................................................................................... 2,452 2,452 

26 UTILITY/CARGO AIRPLANE MODS .................................................................................. 13,868 13,868 

27 UTILITY HELICOPTER MODS ........................................................................................... 25,842 25,842 

28 NETWORK AND MISSION PLAN ....................................................................................... 77,432 77,432

29 COMMS, NAV SURVEILLANCE .......................................................................................... 101,355 101,355 

31 AVIATION ASSURED PNT ................................................................................................... 54,609 54,609 

32 GATM ROLLUP ...................................................................................................................... 12,180 12,180 

34 UAS MODS .............................................................................................................................. 4,204 4,204 

GROUND SUPPORT AVIONICS 

35 AIRCRAFT SURVIVABILITY EQUIPMENT ...................................................................... 49,455 49,455 

36 SURVIVABILITY CM ............................................................................................................. 8,035 8,035 


pbinns on DSKJLVW7X2PROD with BILLS
1091 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

37 CMWS ....................................................................................................................................... 10,567 10,567 

38 COMMON INFRARED COUNTERMEASURES (CIRCM) ................................................. 237,467 237,467 

OTHER SUPPORT 

39 AVIONICS SUPPORT EQUIPMENT ................................................................................... 1,789 1,789 

40 COMMON GROUND EQUIPMENT ...................................................................................... 17,584 17,584 

41 AIRCREW INTEGRATED SYSTEMS .................................................................................. 48,265 48,265 

42 AIR TRAFFIC CONTROL ..................................................................................................... 26,408 26,408 

44 LAUNCHER, 2.75 ROCKET .................................................................................................. 2,256 2,256 

45 LAUNCHER GUIDED MISSILE: LONGBOW HELLFIRE XM2 ..................................... 8,982 8,982 

TOTAL AIRCRAFT PROCUREMENT, ARMY ......................................................... 3,074,594 3,259,594 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

2 M-SHORAD—PROCUREMENT ............................................................................................ 378,654 378,654 

3 MSE MISSILE ......................................................................................................................... 603,188 779,773 

Transfer missiles from EDI OCO ..................................................................................... [176,585] 

4 PRECISION STRIKE MISSILE (PRSM) ............................................................................. 49,941 49,941 

5 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I .................................................. 106,261 65,761 

Army-identified funding early to need .............................................................................. [–40,500] 

AIR-TO-SURFACE MISSILE SYSTEM 

6 HELLFIRE SYS SUMMARY ................................................................................................. 91,225 91,225 

7 JOINT AIR-TO-GROUND MSLS (JAGM) ............................................................................ 213,397 213,397 

8 LONG RANGE PRECISION MUNITION ............................................................................. 45,307 45,307 

ANTI-TANK/ASSAULT MISSILE SYS 

9 JAVELIN (AAWS-M) SYSTEM SUMMARY ......................................................................... 190,325 190,325 

10 TOW 2 SYSTEM SUMMARY ................................................................................................. 121,074 121,074 

11 GUIDED MLRS ROCKET (GMLRS) .................................................................................... 850,157 850,157 

12 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .............................................. 30,836 30,836 

13 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ........................................ 41,226 41,226 

MODIFICATIONS 

16 PATRIOT MODS ..................................................................................................................... 278,050 278,050 

17 ATACMS MODS ...................................................................................................................... 141,690 141,690 

20 AVENGER MODS ................................................................................................................... 13,942 13,942 

21 ITAS/TOW MODS ................................................................................................................... 5,666 5,666 

22 MLRS MODS ........................................................................................................................... 310,419 310,419 

23 HIMARS MODIFICATIONS .................................................................................................. 6,081 6,081 

SPARES AND REPAIR PARTS 

24 SPARES AND REPAIR PARTS ............................................................................................ 5,090 5,090 

SUPPORT EQUIPMENT & FACILITIES 

25 AIR DEFENSE TARGETS .................................................................................................... 8,978 8,978 

TOTAL MISSILE PROCUREMENT, ARMY ............................................................. 3,491,507 3,627,592 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

2 ARMORED MULTI PURPOSE VEHICLE (AMPV) ............................................................ 192,971 172,971 

Program decrease .............................................................................................................. [–20,000] 

MODIFICATION OF TRACKED COMBAT VEHICLES 

4 STRYKER UPGRADE ............................................................................................................ 847,212 847,212 

5 BRADLEY PROGRAM (MOD) .............................................................................................. 493,109 473,109 

UBIS slip .......................................................................................................................... [–20,000] 

6 M109 FOV MODIFICATIONS ............................................................................................... 26,893 26,893 

7 PALADIN INTEGRATED MANAGEMENT (PIM) ............................................................. 435,825 435,825 

9 ASSAULT BRIDGE (MOD) ................................................................................................... 5,074 5,074 

10 ASSAULT BREACHER VEHICLE ....................................................................................... 19,500 19,500

11 M88 FOV MODS ..................................................................................................................... 18,382 13,382 

Unjustified growth ............................................................................................................ [–5,000] 

12 JOINT ASSAULT BRIDGE ................................................................................................... 72,178 61,678 

IOTE and testing delay .................................................................................................... [–10,500] 

13 M1 ABRAMS TANK (MOD) ................................................................................................... 392,013 392,013 

14 ABRAMS UPGRADE PROGRAM .......................................................................................... 1,033,253 1,033,253 

WEAPONS & OTHER COMBAT VEHICLES 

16 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ...................................... 17,864 17,864 

18 MORTAR SYSTEMS ............................................................................................................... 10,288 10,288 

19 XM320 GRENADE LAUNCHER MODULE (GLM) ............................................................ 5,969 5,969 

20 PRECISION SNIPER RIFLE ................................................................................................ 10,137 10,137 

21 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM ............................................................ 999 999 

22 CARBINE ................................................................................................................................ 7,411 7,411 

23 NEXT GENERATION SQUAD WEAPON ........................................................................... 35,822 35,822 

24 COMMON REMOTELY OPERATED WEAPONS STATION ............................................. 24,534 24,534 

25 HANDGUN .............................................................................................................................. 4,662 4,662 

MOD OF WEAPONS AND OTHER COMBAT VEH 

26 MK–19 GRENADE MACHINE GUN MODS ........................................................................ 6,444 6,444 

27 M777 MODS ............................................................................................................................ 10,983 10,983 

28 M4 CARBINE MODS .............................................................................................................. 4,824 4,824 

31 M240 MEDIUM MACHINE GUN MODS ............................................................................. 6,385 6,385 

32 SNIPER RIFLES MODIFICATIONS ................................................................................... 1,898 1,898 

33 M119 MODIFICATIONS ........................................................................................................ 2,009 2,009 

34 MORTAR MODIFICATION ................................................................................................... 1,689 1,689 


pbinns on DSKJLVW7X2PROD with BILLS
1092 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

35 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) .................................................... 2,604 2,604 

SUPPORT EQUIPMENT & FACILITIES 

36 ITEMS LESS THAN $5.0M (WOCV-WTCV) ........................................................................ 2,763 2,763 

37 PRODUCTION BASE SUPPORT (WOCV-WTCV) .............................................................. 3,045 3,045 

TOTAL PROCUREMENT OF W&TCV, ARMY ........................................................ 3,696,740 3,641,240 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

1 CTG, 5.56MM, ALL TYPES ................................................................................................... 68,472 68,472 

2 CTG, 7.62MM, ALL TYPES ................................................................................................... 109,933 109,933 

3 NEXT GENERATION SQUAD WEAPON AMMUNITION ................................................ 11,988 11,988 

4 CTG, HANDGUN, ALL TYPES ............................................................................................ 853 853 

5 CTG, .50 CAL, ALL TYPES .................................................................................................. 58,280 58,280 

6 CTG, 20MM, ALL TYPES ...................................................................................................... 31,708 31,708 

7 CTG, 25MM, ALL TYPES ...................................................................................................... 9,111 9,111 

8 CTG, 30MM, ALL TYPES ...................................................................................................... 58,172 58,172 

9 CTG, 40MM, ALL TYPES ...................................................................................................... 114,638 114,638 

MORTAR AMMUNITION 

10 60MM MORTAR, ALL TYPES .............................................................................................. 31,222 31,222 

11 81MM MORTAR, ALL TYPES .............................................................................................. 42,857 42,857 

12 120MM MORTAR, ALL TYPES ............................................................................................ 107,762 107,762 

TANK AMMUNITION 

13 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .............................................. 233,444 233,444 

ARTILLERY AMMUNITION 

14 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ............................................ 35,963 35,963 

15 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................................ 293,692 293,692 

16 PROJ 155MM EXTENDED RANGE M982 .......................................................................... 69,159 69,159 

17 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ......................................... 232,913 232,913 

MINES 

18 MINES & CLEARING CHARGES, ALL TYPES ................................................................. 65,278 65,278 

19 CLOSE TERRAIN SHAPING OBSTACLE .......................................................................... 4,995 4,995 

ROCKETS 

20 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ...................................................... 69,112 69,112 

21 ROCKET, HYDRA 70, ALL TYPES ..................................................................................... 125,915 125,915 

OTHER AMMUNITION 

22 CAD/PAD, ALL TYPES ......................................................................................................... 8,891 8,891 

23 DEMOLITION MUNITIONS, ALL TYPES ......................................................................... 54,043 54,043 

24 GRENADES, ALL TYPES ..................................................................................................... 28,931 28,931 

25 SIGNALS, ALL TYPES .......................................................................................................... 27,036 27,036 

26 SIMULATORS, ALL TYPES ................................................................................................. 10,253 10,253 

MISCELLANEOUS 

27 AMMO COMPONENTS, ALL TYPES .................................................................................. 3,476 3,476 

29 ITEMS LESS THAN $5 MILLION (AMMO) ....................................................................... 10,569 10,569 

30 AMMUNITION PECULIAR EQUIPMENT .......................................................................... 12,338 12,338 

31 FIRST DESTINATION TRANSPORTATION (AMMO) ...................................................... 15,908 15,908 

32 CLOSEOUT LIABILITIES .................................................................................................... 99 99 

PRODUCTION BASE SUPPORT 

33 INDUSTRIAL FACILITIES .................................................................................................. 592,224 592,224 

34 CONVENTIONAL MUNITIONS DEMILITARIZATION .................................................... 235,112 235,112 

35 ARMS INITIATIVE ................................................................................................................ 3,369 3,369 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ........................................... 2,777,716 2,777,716 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

1 TACTICAL TRAILERS/DOLLY SETS ................................................................................. 12,986 12,986 

2 SEMITRAILERS, FLATBED: ............................................................................................... 31,443 31,443 

3 SEMITRAILERS, TANKERS ................................................................................................ 17,082 17,082 

4 HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................................................... 44,795 44,795 

5 GROUND MOBILITY VEHICLES (GMV) ........................................................................... 37,932 37,932 

8 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL .......................................... 894,414 894,414 

9 TRUCK, DUMP, 20T (CCE) .................................................................................................. 29,368 29,368 

10 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .............................................................. 95,092 95,092 

11 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C ........................................ 999 999 

12 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ................................................ 27,687 27,687 

14 PLS ESP .................................................................................................................................. 21,969 21,969 

15 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV .......................................... 65,635 65,635 

16 HMMWV RECAPITALIZATION PROGRAM ....................................................................... 5,927 5,927 

17 TACTICAL WHEELED VEHICLE PROTECTION KITS .................................................. 36,497 36,497 

18 MODIFICATION OF IN SVC EQUIP ................................................................................... 114,977 114,977 

NON-TACTICAL VEHICLES 

20 PASSENGER CARRYING VEHICLES ................................................................................. 1,246 1,246 

21 NONTACTICAL VEHICLES, OTHER ................................................................................. 19,870 19,870 

COMM—JOINT COMMUNICATIONS 

22 SIGNAL MODERNIZATION PROGRAM ............................................................................. 160,469 160,469 

23 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ..................................................... 360,379 365,379 

MDTF scalable node equipment ....................................................................................... [5,000] 

24 SITUATION INFORMATION TRANSPORT ....................................................................... 63,396 63,396 

26 JCSE EQUIPMENT (USRDECOM) ...................................................................................... 5,170 5,170 


pbinns on DSKJLVW7X2PROD with BILLS
1093 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

COMM—SATELLITE COMMUNICATIONS 

29 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS .......................................... 101,498 101,498 

30 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS .................................. 72,450 74,850 

AFRICOM force protection upgrades ............................................................................... [1,000] 

MDTF support requirements ............................................................................................ [1,400] 

31 SHF TERM .............................................................................................................................. 13,173 13,173 

32 ASSURED POSITIONING, NAVIGATION AND TIMING ................................................. 134,928 134,928 

33 SMART-T (SPACE) ................................................................................................................ 8,611 8,611 

34 GLOBAL BRDCST SVC—GBS ............................................................................................. 8,191 8,191 

COMM—C3 SYSTEM 

36 COE TACTICAL SERVER INFRASTRUCTURE (TSI) ..................................................... 94,871 94,871 

COMM—COMBAT COMMUNICATIONS 

37 HANDHELD MANPACK SMALL FORM FIT (HMS) ........................................................ 550,848 552,348 

AFRICOM force protection upgrades ............................................................................... [1,500] 

38 RADIO TERMINAL SET, MIDS LVT(2) ............................................................................. 8,237 8,237 

41 SPIDER FAMILY OF NETWORKED MUNITIONS INCR ................................................ 13,967 0 

Program cancelation ......................................................................................................... [–13,967] 

43 UNIFIED COMMAND SUITE ............................................................................................... 19,579 19,579 

44 COTS COMMUNICATIONS EQUIPMENT .......................................................................... 94,156 94,156 

45 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .......................................... 18,313 18,313 

46 ARMY COMMUNICATIONS & ELECTRONICS .................................................................. 51,480 51,480 

COMM—INTELLIGENCE COMM 

48 CI AUTOMATION ARCHITECTURE (MIP) ....................................................................... 13,146 13,146 

49 DEFENSE MILITARY DECEPTION INITIATIVE ............................................................ 5,624 5,624 

INFORMATION SECURITY 

51 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ................................................... 4,596 4,596 

52 COMMUNICATIONS SECURITY (COMSEC) ...................................................................... 159,272 159,272 

53 DEFENSIVE CYBER OPERATIONS ................................................................................... 54,753 55,653 

MDTF cyber defense and EW tools ................................................................................. [900] 

54 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO .......................................... 1,760 1,760 

56 ITEMS LESS THAN $5M (INFO SECURITY) ................................................................... 260 260 

COMM—LONG HAUL COMMUNICATIONS 

57 BASE SUPPORT COMMUNICATIONS ............................................................................... 29,761 30,761 

AFRICOM UFR force protection upgrades ..................................................................... [1,000] 

COMM—BASE COMMUNICATIONS 

58 INFORMATION SYSTEMS ................................................................................................... 147,696 147,696 

59 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM ...................................... 4,900 4,900 

60 HOME STATION MISSION COMMAND CENTERS (HSMCC) ........................................ 15,227 15,227 

61 JOINT INFORMATION ENVIRONMENT (JIE) ................................................................ 3,177 3,177 

62 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ....................................... 300,035 300,035 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

65 JTT/CIBS-M (MIP) ................................................................................................................. 5,304 5,304 

66 TERRESTRIAL LAYER SYSTEMS (TLS) (MIP) ............................................................... 8,081 8,081 

68 DCGS-A (MIP) ......................................................................................................................... 151,886 151,886 

70 TROJAN (MIP) ....................................................................................................................... 17,593 17,593 

71 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................................................... 28,558 28,558 

73 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ................................................ 999 999 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

75 LIGHTWEIGHT COUNTER MORTAR RADAR ................................................................. 5,332 5,332 

76 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ..................................................... 7,849 7,849 

77 AIR VIGILANCE (AV) (MIP) ................................................................................................ 8,160 8,160 

79 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST ...................................... 8,669 8,669 

81 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .................................... 0 13,400 

MDTF advanced intel systems remote collection ............................................................. [13,400] 

82 CI MODERNIZATION (MIP) ................................................................................................ 300 300 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

83 SENTINEL MODS .................................................................................................................. 58,884 58,884 

84 NIGHT VISION DEVICES .................................................................................................... 1,127,375 1,127,375 

86 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ................................................ 13,954 13,954 

88 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ................................................ 10,069 14,069 

AFRICOM UFR force protection upgrades ..................................................................... [4,000] 

89 FAMILY OF WEAPON SIGHTS (FWS) .............................................................................. 133,590 133,590 

91 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ........................................................ 243,850 243,850 

92 JOINT EFFECTS TARGETING SYSTEM (JETS) ............................................................ 69,641 69,641 

94 COMPUTER BALLISTICS: LHMBC XM32 ......................................................................... 7,509 7,509 

95 MORTAR FIRE CONTROL SYSTEM .................................................................................. 3,800 3,800 

96 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ................................................ 7,292 7,292 

97 COUNTERFIRE RADARS ..................................................................................................... 72,421 72,421 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

98 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( .................................... 49,947 49,947 

99 FIRE SUPPORT C2 FAMILY ............................................................................................... 9,390 9,390 

100 AIR & MSL DEFENSE PLANNING & CONTROL SYS ..................................................... 47,374 47,374 

101 IAMD BATTLE COMMAND SYSTEM ................................................................................. 201,587 201,587 

102 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................................................... 4,495 4,495 

103 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ..................................... 18,651 18,651 

105 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ............................................... 2,792 2,792 

106 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ....................................... 9,071 9,071 

107 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ......................................... 12,117 12,117 


pbinns on DSKJLVW7X2PROD with BILLS
1094 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

108 MOD OF IN-SVC EQUIPMENT (ENFIRE) ........................................................................ 3,004 3,004 

ELECT EQUIP—AUTOMATION 

109 ARMY TRAINING MODERNIZATION ................................................................................ 14,574 14,574 

110 AUTOMATED DATA PROCESSING EQUIP ...................................................................... 140,619 140,619 

111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM ....................................... 4,448 4,448 

112 HIGH PERF COMPUTING MOD PGM (HPCMP) .............................................................. 68,405 68,405 

113 CONTRACT WRITING SYSTEM .......................................................................................... 8,459 8,459 

114 CSS COMMUNICATIONS ...................................................................................................... 57,651 57,651 

115 RESERVE COMPONENT AUTOMATION SYS (RCAS) .................................................... 14,848 14,848 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

117 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) .................................................. 4,995 4,995 

ELECT EQUIP—SUPPORT 

119 BCT EMERGING TECHNOLOGIES .................................................................................... 16,983 20,883 

MDTF advanced intel systems remote collection ............................................................. [3,900] 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS .................................................................................................... 1,582 1,582 

CHEMICAL DEFENSIVE EQUIPMENT 

123 CBRN DEFENSE ................................................................................................................... 28,456 42,456 

WMD CST equipment ...................................................................................................... [14,000]

124 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ............................................. 13,995 13,995 

BRIDGING EQUIPMENT 

125 TACTICAL BRIDGING .......................................................................................................... 10,545 10,545 

126 TACTICAL BRIDGE, FLOAT-RIBBON ............................................................................... 72,074 72,074 

127 BRIDGE SUPPLEMENTAL SET ......................................................................................... 32,493 32,493 

128 COMMON BRIDGE TRANSPORTER (CBT) RECAP ......................................................... 62,978 62,978 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

129 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST .................................... 5,570 5,570 

130 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ............................................. 2,497 2,497 

132 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ....................................................... 109,069 109,069 

134 EOD ROBOTICS SYSTEMS RECAPITALIZATION ........................................................... 36,584 36,584 

135 ROBOTICS AND APPLIQUE SYSTEMS ............................................................................. 179,544 179,544 

137 RENDER SAFE SETS KITS OUTFITS .............................................................................. 64,583 64,583 

139 FAMILY OF BOATS AND MOTORS ................................................................................... 5,289 5,289 

COMBAT SERVICE SUPPORT EQUIPMENT 

140 HEATERS AND ECU’S ......................................................................................................... 8,200 8,200 

142 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) .................................................. 4,625 4,625 

143 GROUND SOLDIER SYSTEM .............................................................................................. 154,937 154,937 

144 MOBILE SOLDIER POWER ................................................................................................. 34,297 34,297 

147 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ..................................... 53,021 53,021 

148 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS .......................................... 23,324 23,324 

149 ITEMS LESS THAN $5M (ENG SPT) ................................................................................. 8,014 8,014 

PETROLEUM EQUIPMENT 

150 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ..................................................... 78,448 78,448 

MEDICAL EQUIPMENT 

151 COMBAT SUPPORT MEDICAL ........................................................................................... 59,485 59,485 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................................................... 40,337 40,337 

153 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................................................... 5,386 5,386 

CONSTRUCTION EQUIPMENT 

154 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ......................................................................... 5,406 5,406 

155 SCRAPERS, EARTHMOVING ............................................................................................... 4,188 4,188 

156 LOADERS ................................................................................................................................ 4,521 4,521 

157 HYDRAULIC EXCAVATOR .................................................................................................. 5,186 5,186 

158 TRACTOR, FULL TRACKED ............................................................................................... 4,715 4,715 

159 ALL TERRAIN CRANES ....................................................................................................... 70,560 70,560 

162 CONST EQUIP ESP ............................................................................................................... 8,925 8,925 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

164 ARMY WATERCRAFT ESP .................................................................................................. 40,910 40,910 

165 MANEUVER SUPPORT VESSEL (MSV) ............................................................................ 76,576 76,576 

166 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ........................................................................ 1,844 1,844 

GENERATORS 

167 GENERATORS AND ASSOCIATED EQUIP ....................................................................... 53,433 53,433 

168 TACTICAL ELECTRIC POWER RECAPITALIZATION ................................................... 22,216 22,216 

MATERIAL HANDLING EQUIPMENT 

169 FAMILY OF FORKLIFTS ..................................................................................................... 16,145 16,145 

TRAINING EQUIPMENT 

170 COMBAT TRAINING CENTERS SUPPORT ...................................................................... 90,580 90,580 

171 TRAINING DEVICES, NONSYSTEM .................................................................................. 161,814 161,814 

172 SYNTHETIC TRAINING ENVIRONMENT (STE) ............................................................. 13,063 13,063 

175 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ...................................... 1,950 1,950 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

176 CALIBRATION SETS EQUIPMENT ................................................................................... 2,511 2,511 

177 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................................................ 78,578 78,578 

178 TEST EQUIPMENT MODERNIZATION (TEMOD) ........................................................... 14,941 14,941 

OTHER SUPPORT EQUIPMENT 

180 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ................................................ 8,629 8,629 

181 PHYSICAL SECURITY SYSTEMS (OPA3) ......................................................................... 75,499 87,499 

AFRICOM UFR force protection upgrades ..................................................................... [12,000] 


pbinns on DSKJLVW7X2PROD with BILLS
1095 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

182 BASE LEVEL COMMON EQUIPMENT .............................................................................. 27,444 27,444 

183 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ........................................................ 32,485 48,385 

Expeditionary Solid Waste Disposal System .................................................................... [15,900] 

187 SPECIAL EQUIPMENT FOR TEST AND EVALUATION ................................................ 39,436 39,436 

OPA2 

189 INITIAL SPARES—C&E ....................................................................................................... 9,950 9,950 

TOTAL OTHER PROCUREMENT, ARMY ................................................................ 8,625,206 8,685,239 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

1 F/A–18E/F (FIGHTER) HORNET ........................................................................................ 1,761,146 1,761,146 

3 JOINT STRIKE FIGHTER CV ............................................................................................. 2,181,780 2,381,780 

Additional aircraft ............................................................................................................. [200,000] 

4 JOINT STRIKE FIGHTER CV AP ....................................................................................... 330,386 330,386 

5 JSF STOVL ............................................................................................................................. 1,109,393 1,234,893 

Additional 2 F–35B aircraft ............................................................................................. [125,500] 

6 JSF STOVL AP ....................................................................................................................... 303,035 303,035 

7 CH–53K (HEAVY LIFT) ........................................................................................................ 813,324 793,324 

Force Design 2030 realignment NRE excess ................................................................... [–20,000] 

8 CH–53K (HEAVY LIFT) AP ................................................................................................. 201,188 191,188 

Force Design 2030 realignment ....................................................................................... [–10,000] 

9 V–22 (MEDIUM LIFT) ........................................................................................................... 934,793 934,793 

10 V–22 (MEDIUM LIFT) AP .................................................................................................... 39,547 39,547 

11 H–1 UPGRADES (UH–1Y/AH–1Z) ....................................................................................... 7,267 7,267

13 P–8A POSEIDON .................................................................................................................... 80,134 80,134 

15 E–2D ADV HAWKEYE .......................................................................................................... 626,109 626,109 

16 E–2D ADV HAWKEYE AP .................................................................................................... 123,166 123,166 

TRAINER AIRCRAFT 

17 ADVANCED HELICOPTER TRAINING SYSTEM ............................................................. 269,867 269,867 

OTHER AIRCRAFT 

18 KC–130J ................................................................................................................................... 380,984 380,984 

19 KC–130J AP ............................................................................................................................ 67,022 67,022 

21 MQ–4 TRITON ........................................................................................................................ 150,570 100,570 

Excess funding given procurement pause until FY23 ...................................................... [–50,000] 

23 MQ–8 UAV ............................................................................................................................... 40,375 40,375 

24 STUASL0 UAV ........................................................................................................................ 30,930 30,930 

26 VH–92A EXECUTIVE HELO ................................................................................................ 610,231 610,231 

MODIFICATION OF AIRCRAFT 

28 F–18 A-D UNIQUE ................................................................................................................. 208,261 208,261 

29 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM ......................................... 468,954 468,954 

30 AEA SYSTEMS ....................................................................................................................... 21,061 21,061 

31 AV–8 SERIES .......................................................................................................................... 34,082 34,082 

32 INFRARED SEARCH AND TRACK (IRST) ........................................................................ 158,055 158,055 

33 ADVERSARY ........................................................................................................................... 42,946 42,946 

34 F–18 SERIES .......................................................................................................................... 379,351 379,351 

35 H–53 SERIES .......................................................................................................................... 74,771 74,771 

36 MH–60 SERIES ...................................................................................................................... 131,584 131,584 

37 H–1 SERIES ............................................................................................................................ 185,140 185,140 

38 EP–3 SERIES ......................................................................................................................... 26,602 26,602 

40 E–2 SERIES ............................................................................................................................ 175,540 175,540 

41 TRAINER A/C SERIES .......................................................................................................... 7,085 7,085 

42 C–2A ......................................................................................................................................... 9,525 9,525 

43 C–130 SERIES ........................................................................................................................ 141,705 141,705 

44 FEWSG .................................................................................................................................... 684 684 

45 CARGO/TRANSPORT A/C SERIES ...................................................................................... 8,911 8,911 

46 E–6 SERIES ............................................................................................................................ 197,206 197,206 

47 EXECUTIVE HELICOPTERS SERIES ............................................................................... 29,086 29,086 

49 T–45 SERIES .......................................................................................................................... 155,745 155,745 

50 POWER PLANT CHANGES .................................................................................................. 24,633 24,633 

51 JPATS SERIES ....................................................................................................................... 22,682 22,682 

52 AVIATION LIFE SUPPORT MODS ..................................................................................... 40,401 45,401

Aviation body armor vest .................................................................................................. [5,000] 

53 COMMON ECM EQUIPMENT .............................................................................................. 138,480 138,480 

54 COMMON AVIONICS CHANGES ......................................................................................... 143,322 143,322 

55 COMMON DEFENSIVE WEAPON SYSTEM ...................................................................... 2,142 2,142 

56 ID SYSTEMS ........................................................................................................................... 35,999 35,999 

57 P–8 SERIES ............................................................................................................................ 180,530 180,530 

58 MAGTF EW FOR AVIATION ................................................................................................ 27,794 27,794 

59 MQ–8 SERIES ......................................................................................................................... 28,774 28,774 

60 V–22 (TILT/ROTOR ACFT) OSPREY .................................................................................. 334,405 334,405 

61 NEXT GENERATION JAMMER (NGJ) .............................................................................. 176,638 176,638 

62 F–35 STOVL SERIES ............................................................................................................ 153,588 153,588 

63 F–35 CV SERIES .................................................................................................................... 105,452 105,452 

64 QRC .......................................................................................................................................... 126,618 126,618 

65 MQ–4 SERIES ......................................................................................................................... 12,998 12,998 

66 RQ–21 SERIES ....................................................................................................................... 18,550 18,550 

AIRCRAFT SPARES AND REPAIR PARTS 

70 SPARES AND REPAIR PARTS ............................................................................................ 2,198,460 2,228,460 


pbinns on DSKJLVW7X2PROD with BILLS
1096 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

Additional F–35B/C spares .............................................................................................. [30,000]

AIRCRAFT SUPPORT EQUIP & FACILITIES 

71 COMMON GROUND EQUIPMENT ...................................................................................... 543,559 543,559

72 AIRCRAFT INDUSTRIAL FACILITIES .............................................................................. 75,685 75,685 

73 WAR CONSUMABLES ........................................................................................................... 40,633 40,633 

74 OTHER PRODUCTION CHARGES ...................................................................................... 21,194 21,194 

75 SPECIAL SUPPORT EQUIPMENT ..................................................................................... 155,179 155,179 

76 FIRST DESTINATION TRANSPORTATION ..................................................................... 2,121 2,121 

TOTAL AIRCRAFT PROCUREMENT, NAVY .......................................................... 17,127,378 17,407,878 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

1 TRIDENT II MODS ................................................................................................................ 1,173,837 1,173,837 

SUPPORT EQUIPMENT & FACILITIES 

2 MISSILE INDUSTRIAL FACILITIES ................................................................................. 7,275 7,275 

STRATEGIC MISSILES 

3 TOMAHAWK ........................................................................................................................... 277,694 303,694 

Program increase for USMC Tomahawk .......................................................................... [26,000] 

TACTICAL MISSILES 

4 AMRAAM ................................................................................................................................. 326,952 326,952 

5 SIDEWINDER ......................................................................................................................... 126,485 126,485 

7 STANDARD MISSILE ............................................................................................................ 456,206 456,206 

8 STANDARD MISSILE AP ..................................................................................................... 66,716 66,716 

9 SMALL DIAMETER BOMB II .............................................................................................. 78,867 78,867 

10 RAM ......................................................................................................................................... 90,533 90,533 

11 JOINT AIR GROUND MISSILE (JAGM) ............................................................................ 49,386 49,386 

14 AERIAL TARGETS ................................................................................................................ 174,336 174,336 

15 DRONES AND DECOYS ....................................................................................................... 41,256 41,256 

16 OTHER MISSILE SUPPORT ................................................................................................ 3,501 3,501 

17 LRASM ..................................................................................................................................... 168,845 203,845 

Additional Navy LRASM missiles .................................................................................... [35,000] 

18 LCS OTH MISSILE ................................................................................................................ 32,910 32,910 

MODIFICATION OF MISSILES 

19 TOMAHAWK MODS ............................................................................................................... 164,915 164,915 

20 ESSM ....................................................................................................................................... 215,375 215,375 

22 HARM MODS .......................................................................................................................... 147,572 147,572 

23 STANDARD MISSILES MODS ............................................................................................. 83,654 83,654 

SUPPORT EQUIPMENT & FACILITIES 

24 WEAPONS INDUSTRIAL FACILITIES .............................................................................. 1,996 1,996 

25 FLEET SATELLITE COMM FOLLOW-ON ........................................................................ 53,401 53,401 

ORDNANCE SUPPORT EQUIPMENT 

27 ORDNANCE SUPPORT EQUIPMENT ................................................................................ 215,659 215,659 

TORPEDOES AND RELATED EQUIP 

28 SSTD ........................................................................................................................................ 5,811 3,611 

Insufficient justification for ADC non-recurring costs ..................................................... [–2,200] 

29 MK–48 TORPEDO .................................................................................................................. 284,901 284,901 

30 ASW TARGETS ...................................................................................................................... 13,833 13,833 

MOD OF TORPEDOES AND RELATED EQUIP 

31 MK–54 TORPEDO MODS ...................................................................................................... 110,286 100,286 

Mk 54 Mod 0 production delays ....................................................................................... [–10,000] 

32 MK–48 TORPEDO ADCAP MODS ....................................................................................... 57,214 57,214

33 MARITIME MINES ................................................................................................................ 5,832 5,832 

SUPPORT EQUIPMENT 

34 TORPEDO SUPPORT EQUIPMENT ................................................................................... 97,581 97,581 

35 ASW RANGE SUPPORT ........................................................................................................ 4,159 4,159 

DESTINATION TRANSPORTATION 

36 FIRST DESTINATION TRANSPORTATION ..................................................................... 4,106 4,106 

GUNS AND GUN MOUNTS 

37 SMALL ARMS AND WEAPONS ........................................................................................... 16,030 16,030 

MODIFICATION OF GUNS AND GUN MOUNTS 

38 CIWS MODS ............................................................................................................................ 37,147 37,147 

39 COAST GUARD WEAPONS .................................................................................................. 45,804 45,804 

40 GUN MOUNT MODS .............................................................................................................. 74,427 74,427 

41 LCS MODULE WEAPONS .................................................................................................... 4,253 4,253 

42 AIRBORNE MINE NEUTRALIZATION SYSTEMS ........................................................... 6,662 6,662 

SPARES AND REPAIR PARTS 

45 SPARES AND REPAIR PARTS ............................................................................................ 159,578 159,578 

TOTAL WEAPONS PROCUREMENT, NAVY ........................................................... 4,884,995 4,933,795 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

1 GENERAL PURPOSE BOMBS ............................................................................................. 41,496 41,496 

2 JDAM ....................................................................................................................................... 64,631 64,631 

3 AIRBORNE ROCKETS, ALL TYPES .................................................................................. 60,719 60,719 

4 MACHINE GUN AMMUNITION ........................................................................................... 11,158 11,158 

5 PRACTICE BOMBS ................................................................................................................ 51,409 51,409 

6 CARTRIDGES & CART ACTUATED DEVICES ................................................................. 64,694 64,694 

7 AIR EXPENDABLE COUNTERMEASURES ...................................................................... 51,523 51,523 


pbinns on DSKJLVW7X2PROD with BILLS
1097 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

8 JATOS ...................................................................................................................................... 6,761 6,761 

9 5 INCH/54 GUN AMMUNITION ........................................................................................... 31,517 31,517 

10 INTERMEDIATE CALIBER GUN AMMUNITION ............................................................ 38,005 38,005 

11 OTHER SHIP GUN AMMUNITION ..................................................................................... 40,626 40,626 

12 SMALL ARMS & LANDING PARTY AMMO ....................................................................... 48,202 48,202 

13 PYROTECHNIC AND DEMOLITION .................................................................................. 9,766 9,766 

15 AMMUNITION LESS THAN $5 MILLION ......................................................................... 2,115 2,115 

MARINE CORPS AMMUNITION 

16 MORTARS ............................................................................................................................... 46,781 46,781 

17 DIRECT SUPPORT MUNITIONS ........................................................................................ 119,504 119,504 

18 INFANTRY WEAPONS AMMUNITION .............................................................................. 83,220 83,220 

19 COMBAT SUPPORT MUNITIONS ....................................................................................... 32,650 32,650

20 AMMO MODERNIZATION .................................................................................................... 15,144 15,144 

21 ARTILLERY MUNITIONS .................................................................................................... 59,539 59,539 

22 ITEMS LESS THAN $5 MILLION ....................................................................................... 4,142 4,142

TOTAL PROCUREMENT OF AMMO, NAVY & MC ............................................... 883,602 883,602 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

1 OHIO REPLACEMENT SUBMARINE ................................................................................. 2,891,475 2,891,475 

2 OHIO REPLACEMENT SUBMARINE AP .......................................................................... 1,123,175 1,298,175 

Submarine supplier stability ............................................................................................. [175,000] 

OTHER WARSHIPS 

3 CARRIER REPLACEMENT PROGRAM .............................................................................. 997,544 997,544 

4 CVN–81 .................................................................................................................................... 1,645,606 1,645,606 

5 VIRGINIA CLASS SUBMARINE .......................................................................................... 2,334,693 2,260,293 

Unjustified cost growth ..................................................................................................... [–74,400] 

6 VIRGINIA CLASS SUBMARINE AP .................................................................................... 1,901,187 2,373,187 

Long lead material for option ship ................................................................................... [472,000] 

7 CVN REFUELING OVERHAULS ......................................................................................... 1,878,453 1,878,453 

8 CVN REFUELING OVERHAULS AP .................................................................................. 17,384 17,384 

9 DDG 1000 ................................................................................................................................ 78,205 78,205 

10 DDG–51 ................................................................................................................................... 3,040,270 3,010,270 

Available prior-year funds ................................................................................................. [–30,000] 

11 DDG–51 AP ............................................................................................................................. 29,297 464,297 

LLTM for FY22 DDG–51s .............................................................................................. [260,000] 

Surface ship supplier stability .......................................................................................... [175,000] 

13 FFG-FRIGATE ........................................................................................................................ 1,053,123 1,053,123 

AMPHIBIOUS SHIPS 

14 LPD FLIGHT II ..................................................................................................................... 1,155,801 905,801 

Transfer to Line 15 .......................................................................................................... [–250,000] 

15 LPD FLIGHT II AP ............................................................................................................... 0 500,000 

LPD–32 and LPD–33 program increase ......................................................................... [250,000] 

Transfer from Line 14 for LPD–32 and LPD–33 .......................................................... [250,000] 

17 LHA REPLACEMENT ........................................................................................................... 0 250,000 

LHA–9 program increase ................................................................................................. [250,000] 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

22 TOWING, SALVAGE, AND RESCUE SHIP (ATS) ............................................................. 168,209 168,209 

23 LCU 1700 ................................................................................................................................. 87,395 70,395 

Insufficient justification .................................................................................................... [–17,000] 

24 OUTFITTING .......................................................................................................................... 825,586 747,286 

Unjustified cost growth ..................................................................................................... [–78,300] 

26 SERVICE CRAFT ................................................................................................................... 249,781 275,281 

Accelerate YP–703 Flight II ............................................................................................ [25,500]

27 LCAC SLEP ............................................................................................................................. 56,461 0 

Insufficient justification .................................................................................................... [–56,461] 

28 COMPLETION OF PY SHIPBUILDING PROGRAMS ....................................................... 369,112 369,112 

TOTAL SHIPBUILDING AND CONVERSION, NAVY .......................................... 19,902,757 21,254,096 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

1 SURFACE POWER EQUIPMENT ........................................................................................ 11,738 11,738 

GENERATORS 

2 SURFACE COMBATANT HM&E .......................................................................................... 58,497 38,497

Hardware and software upgrades for 5 previously procured HED ship sets .................. [15,000] 

HED installation early to need ......................................................................................... [–35,000] 

NAVIGATION EQUIPMENT 

3 OTHER NAVIGATION EQUIPMENT .................................................................................. 74,084 74,084 

OTHER SHIPBOARD EQUIPMENT 

4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ................................................. 204,806 204,806 

5 DDG MOD ............................................................................................................................... 547,569 497,569 

Installation excess unit cost growth .................................................................................. [–50,000]

6 FIREFIGHTING EQUIPMENT ............................................................................................ 18,394 18,394 

7 COMMAND AND CONTROL SWITCHBOARD ................................................................... 2,374 2,374 

8 LHA/LHD MIDLIFE .............................................................................................................. 78,265 78,265 

9 POLLUTION CONTROL EQUIPMENT ............................................................................... 23,035 23,035 

10 SUBMARINE SUPPORT EQUIPMENT .............................................................................. 64,632 64,632 

11 VIRGINIA CLASS SUPPORT EQUIPMENT ....................................................................... 22,868 22,868 


pbinns on DSKJLVW7X2PROD with BILLS
1098 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

12 LCS CLASS SUPPORT EQUIPMENT ................................................................................. 3,976 3,976 

13 SUBMARINE BATTERIES ................................................................................................... 31,322 31,322 

14 LPD CLASS SUPPORT EQUIPMENT ................................................................................. 50,475 50,475 

15 DDG 1000 CLASS SUPPORT EQUIPMENT ....................................................................... 42,279 42,279 

16 STRATEGIC PLATFORM SUPPORT EQUIP ..................................................................... 15,429 15,429 

17 DSSP EQUIPMENT ............................................................................................................... 2,918 2,918 

18 CG MODERNIZATION .......................................................................................................... 87,978 87,978 

19 LCAC ........................................................................................................................................ 9,366 9,366 

20 UNDERWATER EOD EQUIPMENT .................................................................................... 16,842 16,842 

21 ITEMS LESS THAN $5 MILLION ....................................................................................... 105,715 105,715 

22 CHEMICAL WARFARE DETECTORS ................................................................................ 3,044 3,044 

23 SUBMARINE LIFE SUPPORT SYSTEM ............................................................................ 5,885 5,885 

REACTOR PLANT EQUIPMENT 

24 SHIP MAINTENANCE, REPAIR AND MODERNIZATION .............................................. 1,260,721 1,260,721 

25 REACTOR POWER UNITS ................................................................................................... 5,305 5,305 

26 REACTOR COMPONENTS .................................................................................................... 415,404 415,404 

OCEAN ENGINEERING 

27 DIVING AND SALVAGE EQUIPMENT .............................................................................. 11,143 11,143 

SMALL BOATS 

28 STANDARD BOATS ............................................................................................................... 52,371 52,371 

PRODUCTION FACILITIES EQUIPMENT 

29 OPERATING FORCES IPE ................................................................................................... 233,667 233,667 

OTHER SHIP SUPPORT 

30 LCS COMMON MISSION MODULES EQUIPMENT ......................................................... 39,714 17,414 

MCM containers and MPCE sonar processing insufficient justification .......................... [–22,300] 

31 LCS MCM MISSION MODULES ........................................................................................... 218,822 95,322 

Excess procurement ahead of satisfactory testing ............................................................ [–123,500] 

32 LCS ASW MISSION MODULES ........................................................................................... 61,759 4,759 

Excess procurement ahead of satisfactory testing ............................................................ [–57,000] 

33 LCS SUW MISSION MODULES ........................................................................................... 24,412 24,412 

34 LCS IN-SERVICE MODERNIZATION ................................................................................. 121,848 121,848

35 SMALL & MEDIUM UUV ...................................................................................................... 67,709 37,609 

SMCM UUV excess procurement ahead of satisfactory testing ....................................... [–30,100] 

SHIP SONARS 

37 SPQ–9B RADAR ..................................................................................................................... 27,517 27,517 

38 AN/SQQ–89 SURF ASW COMBAT SYSTEM ...................................................................... 128,664 128,664 

39 SSN ACOUSTIC EQUIPMENT ............................................................................................. 374,737 374,737 

40 UNDERSEA WARFARE SUPPORT EQUIPMENT ............................................................ 9,286 9,286 

ASW ELECTRONIC EQUIPMENT 

41 SUBMARINE ACOUSTIC WARFARE SYSTEM ................................................................. 26,066 26,066 

42 SSTD ........................................................................................................................................ 13,241 13,241 

43 FIXED SURVEILLANCE SYSTEM ..................................................................................... 193,446 193,446 

44 SURTASS ................................................................................................................................. 63,838 63,838 

ELECTRONIC WARFARE EQUIPMENT 

45 AN/SLQ–32 .............................................................................................................................. 387,195 330,795 

Early to need .................................................................................................................... [–56,400] 

RECONNAISSANCE EQUIPMENT 

46 SHIPBOARD IW EXPLOIT .................................................................................................. 235,744 235,744 

47 AUTOMATED IDENTIFICATION SYSTEM (AIS) ............................................................ 3,862 3,862 

OTHER SHIP ELECTRONIC EQUIPMENT 

48 COOPERATIVE ENGAGEMENT CAPABILITY ................................................................. 26,006 18,706 

Common Array Block antenna program delays ................................................................ [–7,300] 

49 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ....................................... 15,385 15,385 

50 ATDLS ..................................................................................................................................... 103,835 103,835 

51 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ...................................................... 3,594 3,594 

52 MINESWEEPING SYSTEM REPLACEMENT .................................................................... 15,744 15,744 

53 SHALLOW WATER MCM ...................................................................................................... 5,493 5,493 

54 NAVSTAR GPS RECEIVERS (SPACE) ............................................................................... 38,043 38,043 

55 AMERICAN FORCES RADIO AND TV SERVICE ............................................................. 2,592 2,592 

56 STRATEGIC PLATFORM SUPPORT EQUIP ..................................................................... 7,985 7,985 

AVIATION ELECTRONIC EQUIPMENT 

57 ASHORE ATC EQUIPMENT ................................................................................................ 83,475 83,475 

58 AFLOAT ATC EQUIPMENT ................................................................................................. 65,113 65,113 

59 ID SYSTEMS ........................................................................................................................... 23,815 23,815 

60 JOINT PRECISION APPROACH AND LANDING SYSTEM ( ......................................... 100,751 100,751 

61 NAVAL MISSION PLANNING SYSTEMS ........................................................................... 13,947 13,947 

OTHER SHORE ELECTRONIC EQUIPMENT 

62 MARITIME INTEGRATED BROADCAST SYSTEM .......................................................... 1,375 1,375 

63 TACTICAL/MOBILE C4I SYSTEMS .................................................................................... 22,771 22,771

64 DCGS-N .................................................................................................................................... 18,872 18,872 

65 CANES ..................................................................................................................................... 389,585 389,585 

66 RADIAC ................................................................................................................................... 10,335 10,335 

67 CANES-INTELL ..................................................................................................................... 48,654 48,654 

68 GPETE ..................................................................................................................................... 8,133 8,133 

69 MASF ....................................................................................................................................... 4,150 4,150 

70 INTEG COMBAT SYSTEM TEST FACILITY ..................................................................... 5,934 5,934 

71 EMI CONTROL INSTRUMENTATION ............................................................................... 4,334 4,334 

72 ITEMS LESS THAN $5 MILLION ....................................................................................... 159,815 105,015 


pbinns on DSKJLVW7X2PROD with BILLS
1099 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

NGSSR available prior year funds ................................................................................... [–54,800] 

SHIPBOARD COMMUNICATIONS 

73 SHIPBOARD TACTICAL COMMUNICATIONS .................................................................. 56,106 56,106 

74 SHIP COMMUNICATIONS AUTOMATION ........................................................................ 124,288 124,288 

75 COMMUNICATIONS ITEMS UNDER $5M ......................................................................... 45,120 45,120 

SUBMARINE COMMUNICATIONS 

76 SUBMARINE BROADCAST SUPPORT ............................................................................... 31,133 31,133 

77 SUBMARINE COMMUNICATION EQUIPMENT ............................................................... 62,214 62,214 

SATELLITE COMMUNICATIONS 

78 SATELLITE COMMUNICATIONS SYSTEMS .................................................................... 47,421 47,421 

79 NAVY MULTIBAND TERMINAL (NMT) ............................................................................ 64,552 64,552 

SHORE COMMUNICATIONS 

80 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ............................................ 4,398 4,398 

CRYPTOGRAPHIC EQUIPMENT 

81 INFO SYSTEMS SECURITY PROGRAM (ISSP) ................................................................ 157,551 157,551 

82 MIO INTEL EXPLOITATION TEAM .................................................................................. 985 985 

CRYPTOLOGIC EQUIPMENT 

83 CRYPTOLOGIC COMMUNICATIONS EQUIP .................................................................... 15,906 15,906 

OTHER ELECTRONIC SUPPORT 

90 COAST GUARD EQUIPMENT .............................................................................................. 70,689 70,689 

SONOBUOYS 

92 SONOBUOYS—ALL TYPES ................................................................................................. 237,639 286,739 

Program increase for sonobuoys ....................................................................................... [49,100] 

AIRCRAFT SUPPORT EQUIPMENT 

93 MINOTAUR ............................................................................................................................. 5,077 5,077 

94 WEAPONS RANGE SUPPORT EQUIPMENT .................................................................... 83,969 83,969 

95 AIRCRAFT SUPPORT EQUIPMENT .................................................................................. 187,758 187,758 

96 ADVANCED ARRESTING GEAR (AAG) ............................................................................. 16,059 16,059 

97 METEOROLOGICAL EQUIPMENT ..................................................................................... 15,192 15,192 

99 LEGACY AIRBORNE MCM ................................................................................................... 6,674 6,674 

100 LAMPS EQUIPMENT ............................................................................................................ 1,189 1,189 

101 AVIATION SUPPORT EQUIPMENT ................................................................................... 58,873 58,873 

102 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ........................................ 60,937 60,937 

SHIP GUN SYSTEM EQUIPMENT 

103 SHIP GUN SYSTEMS EQUIPMENT ................................................................................... 5,540 5,540 

SHIP MISSILE SYSTEMS EQUIPMENT 

104 HARPOON SUPPORT EQUIPMENT ................................................................................... 208 208 

105 SHIP MISSILE SUPPORT EQUIPMENT ........................................................................... 262,077 262,077 

106 TOMAHAWK SUPPORT EQUIPMENT ............................................................................... 84,087 84,087 

FBM SUPPORT EQUIPMENT 

107 STRATEGIC MISSILE SYSTEMS EQUIP .......................................................................... 258,910 258,910 

ASW SUPPORT EQUIPMENT 

108 SSN COMBAT CONTROL SYSTEMS .................................................................................. 173,770 173,770

109 ASW SUPPORT EQUIPMENT .............................................................................................. 26,584 26,584 

OTHER ORDNANCE SUPPORT EQUIPMENT 

110 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ................................................................... 7,470 7,470 

111 ITEMS LESS THAN $5 MILLION ....................................................................................... 6,356 6,356 

OTHER EXPENDABLE ORDNANCE 

112 ANTI-SHIP MISSILE DECOY SYSTEM ............................................................................. 86,356 86,356 

113 SUBMARINE TRAINING DEVICE MODS .......................................................................... 69,240 69,240 

114 SURFACE TRAINING EQUIPMENT .................................................................................. 192,245 192,245

CIVIL ENGINEERING SUPPORT EQUIPMENT 

115 PASSENGER CARRYING VEHICLES ................................................................................. 6,123 6,123 

116 GENERAL PURPOSE TRUCKS ........................................................................................... 2,693 2,693 

117 CONSTRUCTION & MAINTENANCE EQUIP .................................................................... 47,301 47,301 

118 FIRE FIGHTING EQUIPMENT ........................................................................................... 10,352 10,352 

119 TACTICAL VEHICLES .......................................................................................................... 31,475 31,475 

121 POLLUTION CONTROL EQUIPMENT ............................................................................... 2,630 2,630 

122 ITEMS LESS THAN $5 MILLION ....................................................................................... 47,972 47,972 

123 PHYSICAL SECURITY VEHICLES ..................................................................................... 1,171 1,171 

SUPPLY SUPPORT EQUIPMENT 

124 SUPPLY EQUIPMENT .......................................................................................................... 19,693 19,693 

125 FIRST DESTINATION TRANSPORTATION ..................................................................... 4,956 4,956 

126 SPECIAL PURPOSE SUPPLY SYSTEMS ........................................................................... 668,639 668,639 

TRAINING DEVICES 

127 TRAINING SUPPORT EQUIPMENT ................................................................................... 4,026 4,026 

128 TRAINING AND EDUCATION EQUIPMENT .................................................................... 73,454 73,454 

COMMAND SUPPORT EQUIPMENT 

129 COMMAND SUPPORT EQUIPMENT .................................................................................. 32,390 32,390 

130 MEDICAL SUPPORT EQUIPMENT .................................................................................... 974 974 

132 NAVAL MIP SUPPORT EQUIPMENT ................................................................................ 5,606 5,606 

133 OPERATING FORCES SUPPORT EQUIPMENT .............................................................. 16,024 16,024 

134 C4ISR EQUIPMENT .............................................................................................................. 6,697 6,697 

135 ENVIRONMENTAL SUPPORT EQUIPMENT .................................................................... 27,503 27,503 

136 PHYSICAL SECURITY EQUIPMENT ................................................................................. 138,281 138,281

137 ENTERPRISE INFORMATION TECHNOLOGY ................................................................ 42,680 42,680 

OTHER 

140 NEXT GENERATION ENTERPRISE SERVICE ................................................................ 184,443 184,443 


pbinns on DSKJLVW7X2PROD with BILLS
1100 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

141 CYBERSPACE ACTIVITIES ................................................................................................. 16,523 16,523 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS .................................................................................................... 18,446 18,446 

SPARES AND REPAIR PARTS 

142 SPARES AND REPAIR PARTS ............................................................................................ 374,195 374,195 

TOTAL OTHER PROCUREMENT, NAVY ................................................................. 10,948,518 10,576,218 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

1 AAV7A1 PIP ............................................................................................................................ 87,476 87,476 

2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ......................................... 478,874 478,874 

3 LAV PIP ................................................................................................................................... 41,988 41,988 

ARTILLERY AND OTHER WEAPONS 

4 155MM LIGHTWEIGHT TOWED HOWITZER .................................................................. 59 59 

5 ARTILLERY WEAPONS SYSTEM ....................................................................................... 174,687 234,287 

Ground-Based Anti-Ship Missile NSM ............................................................................. [59,600] 

6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ........................................ 24,867 24,867 

OTHER SUPPORT 

7 MODIFICATION KITS ........................................................................................................... 3,067 3,067 

GUIDED MISSILES 

8 GROUND BASED AIR DEFENSE ....................................................................................... 18,920 18,920 

9 ANTI-ARMOR MISSILE-JAVELIN ...................................................................................... 19,888 19,888

10 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ................................................ 21,891 21,891 

11 ANTI-ARMOR MISSILE-TOW .............................................................................................. 34,985 34,985 

12 GUIDED MLRS ROCKET (GMLRS) .................................................................................... 133,689 133,689 

COMMAND AND CONTROL SYSTEMS 

13 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C .................................... 35,057 35,057 

REPAIR AND TEST EQUIPMENT 

14 REPAIR AND TEST EQUIPMENT ...................................................................................... 24,405 24,405

OTHER SUPPORT (TEL) 

15 MODIFICATION KITS ........................................................................................................... 1,006 1,006 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

16 ITEMS UNDER $5 MILLION (COMM & ELEC) ................................................................ 69,725 69,725 

17 AIR OPERATIONS C2 SYSTEMS ........................................................................................ 15,611 15,611 

RADAR + EQUIPMENT (NON-TEL) 

19 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................................................... 284,283 284,283 

INTELL/COMM EQUIPMENT (NON-TEL) 

20 GCSS-MC ................................................................................................................................. 1,587 1,587 

21 FIRE SUPPORT SYSTEM .................................................................................................... 24,934 24,934 

22 INTELLIGENCE SUPPORT EQUIPMENT ........................................................................ 50,728 50,728 

24 UNMANNED AIR SYSTEMS (INTEL) ................................................................................ 24,853 24,853 

25 DCGS-MC ................................................................................................................................. 38,260 38,260 

26 UAS PAYLOADS ..................................................................................................................... 5,489 5,489 

OTHER SUPPORT (NON-TEL) 

29 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ............................................. 78,922 78,922 

30 COMMON COMPUTER RESOURCES ................................................................................. 35,349 35,349 

31 COMMAND POST SYSTEMS ................................................................................................ 33,713 33,713 

32 RADIO SYSTEMS ................................................................................................................... 343,250 343,250 

33 COMM SWITCHING & CONTROL SYSTEMS .................................................................... 40,627 40,627 

34 COMM & ELEC INFRASTRUCTURE SUPPORT ............................................................... 43,782 43,782 

35 CYBERSPACE ACTIVITIES ................................................................................................. 53,896 53,896 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS .................................................................................................... 3,797 3,797 

ADMINISTRATIVE VEHICLES 

37 COMMERCIAL CARGO VEHICLES ..................................................................................... 22,460 22,460 

TACTICAL VEHICLES 

38 MOTOR TRANSPORT MODIFICATIONS ........................................................................... 10,739 10,739 

39 JOINT LIGHT TACTICAL VEHICLE ................................................................................. 381,675 381,675

40 FAMILY OF TACTICAL TRAILERS ................................................................................... 2,963 2,963 

ENGINEER AND OTHER EQUIPMENT 

42 ENVIRONMENTAL CONTROL EQUIP ASSORT .............................................................. 385 385 

43 TACTICAL FUEL SYSTEMS ................................................................................................ 501 501

44 POWER EQUIPMENT ASSORTED ..................................................................................... 23,430 23,430 

45 AMPHIBIOUS SUPPORT EQUIPMENT ............................................................................. 5,752 5,752 

46 EOD SYSTEMS ....................................................................................................................... 20,939 20,939 

MATERIALS HANDLING EQUIPMENT 

47 PHYSICAL SECURITY EQUIPMENT ................................................................................. 23,063 23,063 

GENERAL PROPERTY 

48 FIELD MEDICAL EQUIPMENT .......................................................................................... 4,187 4,187

49 TRAINING DEVICES ............................................................................................................ 101,765 101,765 

50 FAMILY OF CONSTRUCTION EQUIPMENT .................................................................... 19,305 19,305 

51 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) ................................................................. 678 678 

OTHER SUPPORT 

52 ITEMS LESS THAN $5 MILLION ....................................................................................... 9,174 9,174

SPARES AND REPAIR PARTS 

53 SPARES AND REPAIR PARTS ............................................................................................ 27,295 27,295 

TOTAL PROCUREMENT, MARINE CORPS ............................................................ 2,903,976 2,963,576 


pbinns on DSKJLVW7X2PROD with BILLS
1101 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

1 F–35 ......................................................................................................................................... 4,567,018 5,543,685 

Additional 12 F–35As ....................................................................................................... [976,667] 

2 F–35 ......................................................................................................................................... 610,800 610,800 

4 F–15EX .................................................................................................................................... 1,269,847 1,269,847 

5 F–15EX .................................................................................................................................... 133,500 133,500 

TACTICAL AIRLIFT 

7 KC–46A MDAP ........................................................................................................................ 2,850,151 2,850,151 

OTHER AIRLIFT 

8 C–130J ..................................................................................................................................... 37,131 37,131 

10 MC–130J .................................................................................................................................. 362,807 362,807 

11 MC–130J .................................................................................................................................. 39,987 39,987 

HELICOPTERS 

12 UH–1N REPLACEMENT ...................................................................................................... 194,016 194,016 

13 COMBAT RESCUE HELICOPTER ...................................................................................... 973,473 973,473 

MISSION SUPPORT AIRCRAFT 

15 CIVIL AIR PATROL A/C ....................................................................................................... 2,811 2,811 

OTHER AIRCRAFT 

16 TARGET DRONES ................................................................................................................. 133,273 133,273 

18 COMPASS CALL ..................................................................................................................... 161,117 161,117 

20 MQ–9 ........................................................................................................................................ 29,409 79,409 

Program increase .............................................................................................................. [50,000] 

STRATEGIC AIRCRAFT 

22 B–1 ........................................................................................................................................... 3,853 0 

USAF-requested transfer to RDAF Line 174 ................................................................. [–3,853] 

23 B–2A ......................................................................................................................................... 31,476 31,476 

24 B–1B ......................................................................................................................................... 21,808 21,315 

USAF-requested transfer to RDAF Line 174 ................................................................. [–493] 

25 B–52 ......................................................................................................................................... 53,949 53,949 

26 LARGE AIRCRAFT INFRARED COUNTERMEASURES ................................................. 9,999 9,999 

TACTICAL AIRCRAFT 

27 A–10 ......................................................................................................................................... 135,793 135,793 

28 E–11 BACN/HAG .................................................................................................................... 33,645 33,645 

29 F–15 ......................................................................................................................................... 349,304 349,304 

30 F–16 ......................................................................................................................................... 615,760 640,760 

Additional radars .............................................................................................................. [25,000] 

32 F–22A ....................................................................................................................................... 387,905 387,905 

33 F–35 MODIFICATIONS ......................................................................................................... 322,185 322,185 

34 F–15 EPAW ............................................................................................................................. 31,995 31,995 

35 INCREMENT 3.2B ................................................................................................................. 5,889 5,889 

36 KC–46A MDAP ........................................................................................................................ 24,085 24,085 

AIRLIFT AIRCRAFT 

37 C–5 ........................................................................................................................................... 62,108 62,108 

38 C–17A ....................................................................................................................................... 66,798 66,798 

40 C–32A ....................................................................................................................................... 2,947 2,947 

41 C–37A ....................................................................................................................................... 12,985 12,985 

TRAINER AIRCRAFT 

42 GLIDER MODS ....................................................................................................................... 977 977 

43 T–6 ........................................................................................................................................... 26,829 26,829 

44 T–1 ........................................................................................................................................... 4,465 4,465 

45 T–38 ......................................................................................................................................... 36,806 44,506 

T–38 ejection seats ........................................................................................................... [7,700] 

OTHER AIRCRAFT 

46 U–2 MODS ............................................................................................................................... 110,618 110,618 

47 KC–10A (ATCA) ...................................................................................................................... 117 117 

49 VC–25A MOD .......................................................................................................................... 1,983 1,983 

50 C–40 ......................................................................................................................................... 9,252 9,252 

51 C–130 ....................................................................................................................................... 5,871 5,871 

52 C–130J MODS ......................................................................................................................... 140,032 140,032 

53 C–135 ....................................................................................................................................... 88,250 88,250 

55 COMPASS CALL ..................................................................................................................... 193,389 193,389 

57 RC–135 ..................................................................................................................................... 191,332 191,332 

58 E–3 ........................................................................................................................................... 172,141 172,141 

59 E–4 ........................................................................................................................................... 58,803 44,103 

Funds rephased to future fiscal years .............................................................................. [–14,700] 

60 E–8 ........................................................................................................................................... 11,037 21,037 

Secure information transmission capability ...................................................................... [10,000] 

61 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 .............................................. 53,343 53,343 

62 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................................................... 1,573 1,573 

63 H–1 ........................................................................................................................................... 4,410 4,410 

64 H–60 ......................................................................................................................................... 44,538 44,538 

65 RQ–4 MODS ............................................................................................................................ 40,468 40,468 

66 HC/MC–130 MODIFICATIONS ............................................................................................. 20,780 20,780 

67 OTHER AIRCRAFT ............................................................................................................... 100,774 100,774 

68 MQ–9 MODS ............................................................................................................................ 188,387 188,387 

70 CV–22 MODS ........................................................................................................................... 122,306 127,306 

CV–22 ABSS .................................................................................................................... [5,000] 


pbinns on DSKJLVW7X2PROD with BILLS
1102 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

AIRCRAFT SPARES AND REPAIR PARTS 

71 INITIAL SPARES/REPAIR PARTS ..................................................................................... 926,683 956,683 

F–35A initial spares increase ........................................................................................... [30,000] 

COMMON SUPPORT EQUIPMENT 

73 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................................................... 132,719 132,719 

POST PRODUCTION SUPPORT 

74 B–2A ......................................................................................................................................... 1,683 1,683 

75 B–2B ......................................................................................................................................... 46,734 46,734 

76 B–52 ......................................................................................................................................... 1,034 1,034 

79 E–11 BACN/HAG .................................................................................................................... 63,419 63,419 

80 F–15 ......................................................................................................................................... 2,632 2,632 

81 F–16 ......................................................................................................................................... 14,163 14,163 

83 OTHER AIRCRAFT ............................................................................................................... 4,595 4,595 

84 RQ–4 POST PRODUCTION CHARGES ............................................................................... 32,585 32,585 

INDUSTRIAL PREPAREDNESS 

85 INDUSTRIAL RESPONSIVENESS ...................................................................................... 18,215 18,215

WAR CONSUMABLES 

86 WAR CONSUMABLES ........................................................................................................... 36,046 36,046 

OTHER PRODUCTION CHARGES 

87 OTHER PRODUCTION CHARGES ...................................................................................... 1,439,640 1,514,640 

Classified increase ............................................................................................................. [75,000] 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS .................................................................................................... 21,692 21,692 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ............................................. 17,908,145 19,068,466 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

1 MISSILE REPLACEMENT EQ-BALLISTIC ....................................................................... 75,012 75,012 

TACTICAL 

2 REPLAC EQUIP & WAR CONSUMABLES ......................................................................... 4,495 4,495 

4 JOINT AIR-SURFACE STANDOFF MISSILE ................................................................... 475,949 400,949 

Realignment to support NDS requirements in Pacific ..................................................... [–75,000] 

5 LRASM0 ................................................................................................................................... 19,800 94,800 

Additional Air Force LRASM missiles ............................................................................. [75,000] 

6 SIDEWINDER (AIM–9X) ....................................................................................................... 164,769 164,769 

7 AMRAAM ................................................................................................................................. 453,223 453,223 

8 PREDATOR HELLFIRE MISSILE ...................................................................................... 40,129 40,129 

9 SMALL DIAMETER BOMB .................................................................................................. 45,475 45,475 

10 SMALL DIAMETER BOMB II .............................................................................................. 273,272 273,272 

INDUSTRIAL FACILITIES 

11 INDUSTR’L PREPAREDNS/POL PREVENTION .............................................................. 814 814 

CLASS IV 

13 ICBM FUZE MOD .................................................................................................................. 3,458 3,458 

14 ICBM FUZE MOD AP ............................................................................................................ 43,450 43,450 

15 MM III MODIFICATIONS ..................................................................................................... 85,310 85,310 

16 AGM–65D MAVERICK ........................................................................................................... 298 298 

17 AIR LAUNCH CRUISE MISSILE (ALCM) .......................................................................... 52,924 52,924 

MISSILE SPARES AND REPAIR PARTS 

18 MSL SPRS/REPAIR PARTS (INITIAL) ............................................................................... 9,402 9,402 

19 MSL SPRS/REPAIR PARTS (REPLEN) .............................................................................. 84,671 84,671 

SPECIAL PROGRAMS 

25 SPECIAL UPDATE PROGRAMS .......................................................................................... 23,501 23,501 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS .................................................................................................... 540,465 540,465 

TOTAL MISSILE PROCUREMENT, AIR FORCE .................................................. 2,396,417 2,396,417 

PROCUREMENT, SPACE FORCE 

SPACE PROCUREMENT, SF 

1 ADVANCED EHF ................................................................................................................... 14,823 14,823 

2 AF SATELLITE COMM SYSTEM ........................................................................................ 48,326 48,326

3 COUNTERSPACE SYSTEMS ................................................................................................ 65,540 65,540 

4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................................................... 66,190 66,190 

5 GENERAL INFORMATION TECH—SPACE ...................................................................... 3,299 3,299 

6 GPSIII FOLLOW ON ............................................................................................................. 627,796 627,796 

7 GPS III SPACE SEGMENT ................................................................................................... 20,122 20,122 

8 GLOBAL POSTIONING (SPACE) ........................................................................................ 2,256 2,256 

9 SPACEBORNE EQUIP (COMSEC) ...................................................................................... 35,495 35,495 

10 MILSATCOM ........................................................................................................................... 15,795 15,795 

11 SBIR HIGH (SPACE) ............................................................................................................. 160,891 160,891 

12 SPECIAL SPACE ACTIVITIES ............................................................................................ 78,387 78,387 

13 NATIONAL SECURITY SPACE LAUNCH .......................................................................... 1,043,171 1,043,171 

14 NUDET DETECTION SYSTEM ........................................................................................... 6,638 6,638

15 ROCKET SYSTEMS LAUNCH PROGRAM ......................................................................... 47,741 47,741 

16 SPACE FENCE ....................................................................................................................... 11,279 11,279 

17 SPACE MODS ......................................................................................................................... 96,551 109,051 

Cobra Dane service life extension ..................................................................................... [12,500] 

18 SPACELIFT RANGE SYSTEM SPACE ............................................................................... 100,492 100,492 

SPARES 


pbinns on DSKJLVW7X2PROD with BILLS
1103 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

19 SPARES AND REPAIR PARTS ............................................................................................ 1,272 1,272 

TOTAL PROCUREMENT, SPACE FORCE ............................................................... 2,446,064 2,458,564 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

1 ROCKETS ................................................................................................................................ 14,962 14,962 

CARTRIDGES 

2 CARTRIDGES ......................................................................................................................... 123,365 123,365 

BOMBS 

3 PRACTICE BOMBS ................................................................................................................ 59,725 59,725 

6 JOINT DIRECT ATTACK MUNITION ................................................................................ 206,989 206,989 

7 B61 ........................................................................................................................................... 35,634 35,634 

OTHER ITEMS 

9 CAD/PAD ................................................................................................................................. 47,830 47,830 

10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) .................................................................... 6,232 6,232 

11 SPARES AND REPAIR PARTS ............................................................................................ 542 542 

12 MODIFICATIONS ................................................................................................................... 1,310 1,310 

13 ITEMS LESS THAN $5,000,000 ........................................................................................... 4,753 4,753 

FLARES 

15 FLARES ................................................................................................................................... 40,088 40,088 

FUZES 

16 FUZES ..................................................................................................................................... 40,983 40,983 

SMALL ARMS 

17 SMALL ARMS ......................................................................................................................... 13,925 13,925 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ............................... 596,338 596,338 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

1 PASSENGER CARRYING VEHICLES ................................................................................. 9,016 9,016 

CARGO AND UTILITY VEHICLES 

2 MEDIUM TACTICAL VEHICLE .......................................................................................... 15,058 15,058 

3 CAP VEHICLES ..................................................................................................................... 1,059 1,059 

4 CARGO AND UTILITY VEHICLES ..................................................................................... 38,920 38,920 

SPECIAL PURPOSE VEHICLES 

5 JOINT LIGHT TACTICAL VEHICLE ................................................................................. 30,544 30,544 

6 SECURITY AND TACTICAL VEHICLES ........................................................................... 319 319 

7 SPECIAL PURPOSE VEHICLES ......................................................................................... 43,157 43,157 

FIRE FIGHTING EQUIPMENT 

8 FIRE FIGHTING/CRASH RESCUE VEHICLES ................................................................ 8,621 8,621 

MATERIALS HANDLING EQUIPMENT 

9 MATERIALS HANDLING VEHICLES ................................................................................ 12,897 12,897 

BASE MAINTENANCE SUPPORT 

10 RUNWAY SNOW REMOV AND CLEANING EQU ............................................................. 3,577 3,577 

11 BASE MAINTENANCE SUPPORT VEHICLES ................................................................. 43,095 43,095 

COMM SECURITY EQUIPMENT(COMSEC) 

13 COMSEC EQUIPMENT ......................................................................................................... 54,864 54,864 

INTELLIGENCE PROGRAMS 

14 INTERNATIONAL INTEL TECH & ARCHITECTURES .................................................. 9,283 10,783 

PDI: Mission Partner Environment BICES-X local upgrades ........................................ [1,500] 

15 INTELLIGENCE TRAINING EQUIPMENT ....................................................................... 6,849 6,849 

16 INTELLIGENCE COMM EQUIPMENT ............................................................................... 33,471 33,471 

ELECTRONICS PROGRAMS 

17 AIR TRAFFIC CONTROL & LANDING SYS ...................................................................... 29,409 29,409 

18 BATTLE CONTROL SYSTEM—FIXED .............................................................................. 7,909 7,909 

19 THEATER AIR CONTROL SYS IMPROVEMEN ............................................................... 32,632 32,632 

20 WEATHER OBSERVATION FORECAST ............................................................................ 33,021 33,021 

21 STRATEGIC COMMAND AND CONTROL ......................................................................... 31,353 31,353 

22 CHEYENNE MOUNTAIN COMPLEX ................................................................................. 10,314 10,314 

23 MISSION PLANNING SYSTEMS ......................................................................................... 15,132 15,132 

25 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ........................................ 9,806 9,806 

SPCL COMM-ELECTRONICS PROJECTS 

26 GENERAL INFORMATION TECHNOLOGY ...................................................................... 39,887 39,887 

27 AF GLOBAL COMMAND & CONTROL SYS ....................................................................... 2,602 2,602 

29 MOBILITY COMMAND AND CONTROL ............................................................................ 10,541 10,541 

30 AIR FORCE PHYSICAL SECURITY SYSTEM ................................................................... 96,277 96,277 

31 COMBAT TRAINING RANGES ............................................................................................ 195,185 195,185 

32 MINIMUM ESSENTIAL EMERGENCY COMM N .............................................................. 29,664 29,664 

33 WIDE AREA SURVEILLANCE (WAS) ................................................................................ 59,633 59,633 

34 C3 COUNTERMEASURES .................................................................................................... 105,584 105,584 

36 DEFENSE ENTERPRISE ACCOUNTING & MGT SYS .................................................... 899 899 

38 THEATER BATTLE MGT C2 SYSTEM .............................................................................. 3,392 3,392 

39 AIR & SPACE OPERATIONS CENTER (AOC) ................................................................... 24,983 24,983 

AIR FORCE COMMUNICATIONS 

41 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED .......................................... 19,147 19,147 

42 AFNET ..................................................................................................................................... 84,515 84,515 

43 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ............................................ 6,185 6,185 

44 USCENTCOM .......................................................................................................................... 19,649 19,649 

45 USSTRATCOM ........................................................................................................................ 4,337 4,337 


pbinns on DSKJLVW7X2PROD with BILLS
1104 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

ORGANIZATION AND BASE 

46 TACTICAL C-E EQUIPMENT .............................................................................................. 137,033 137,033 

47 RADIO EQUIPMENT ............................................................................................................. 15,264 15,264 

49 BASE COMM INFRASTRUCTURE ...................................................................................... 132,281 146,281 

PDI: Mission Partner Environment PACNET ................................................................ [14,000] 

MODIFICATIONS 

50 COMM ELECT MODS ............................................................................................................ 21,471 21,471 

PERSONAL SAFETY & RESCUE EQUIP 

51 PERSONAL SAFETY AND RESCUE EQUIPMENT ......................................................... 49,578 49,578 

DEPOT PLANT+MTRLS HANDLING EQ 

52 POWER CONDITIONING EQUIPMENT ............................................................................. 11,454 11,454 

53 MECHANIZED MATERIAL HANDLING EQUIP .............................................................. 12,110 12,110 

BASE SUPPORT EQUIPMENT 

54 BASE PROCURED EQUIPMENT ........................................................................................ 21,142 21,142

55 ENGINEERING AND EOD EQUIPMENT .......................................................................... 7,700 7,700 

56 MOBILITY EQUIPMENT ...................................................................................................... 18,266 22,966 

Insulation system for Air Force shelters .......................................................................... [4,700] 

57 FUELS SUPPORT EQUIPMENT (FSE) ............................................................................. 9,601 9,601 

58 BASE MAINTENANCE AND SUPPORT EQUIPMENT .................................................... 42,078 42,078 

SPECIAL SUPPORT PROJECTS 

60 DARP RC135 ........................................................................................................................... 27,164 27,164 

61 DCGS-AF ................................................................................................................................. 121,528 121,528 

63 SPECIAL UPDATE PROGRAM ............................................................................................ 782,641 782,641 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS .................................................................................................... 21,086,112 21,086,112 

SPARES AND REPAIR PARTS 

64 SPARES AND REPAIR PARTS (CYBER) ........................................................................... 1,664 1,664 

65 SPARES AND REPAIR PARTS ............................................................................................ 15,847 15,847 

TOTAL OTHER PROCUREMENT, AIR FORCE .................................................... 23,695,720 23,715,920 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DCMA 

2 MAJOR EQUIPMENT ............................................................................................................ 1,398 1,398 

MAJOR EQUIPMENT, DCSA 

3 MAJOR EQUIPMENT ............................................................................................................ 2,212 2,212 

MAJOR EQUIPMENT, DHRA 

5 PERSONNEL ADMINISTRATION ....................................................................................... 4,213 4,213 

MAJOR EQUIPMENT, DISA 

11 INFORMATION SYSTEMS SECURITY .............................................................................. 17,211 17,211 

12 TELEPORT PROGRAM ......................................................................................................... 29,841 29,841 

13 JOINT FORCES HEADQUARTERS—DODIN ................................................................... 3,091 3,091 

14 ITEMS LESS THAN $5 MILLION ....................................................................................... 41,569 41,569 

16 DEFENSE INFORMATION SYSTEM NETWORK ............................................................ 26,978 26,978 

17 WHITE HOUSE COMMUNICATION AGENCY .................................................................. 44,161 44,161 

18 SENIOR LEADERSHIP ENTERPRISE .............................................................................. 35,935 35,935 

19 JOINT REGIONAL SECURITY STACKS (JRSS) .............................................................. 88,741 77,641 

JRSS SIPR funding ......................................................................................................... [–11,100] 

20 JOINT SERVICE PROVIDER ............................................................................................... 157,538 157,538 

21 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) ................................................ 42,084 42,084 

MAJOR EQUIPMENT, DLA 

23 MAJOR EQUIPMENT ............................................................................................................ 417,459 417,459 

MAJOR EQUIPMENT, DMACT 

24 MAJOR EQUIPMENT ............................................................................................................ 7,993 7,993 

MAJOR EQUIPMENT, DODEA 

25 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .............................................. 1,319 1,319 

MAJOR EQUIPMENT, DPAA 

26 MAJOR EQUIPMENT, DPAA ............................................................................................... 500 500 

MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY 

27 REGIONAL CENTER PROCUREMENT ............................................................................. 1,598 1,598 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

28 VEHICLES .............................................................................................................................. 215 215 

29 OTHER MAJOR EQUIPMENT ............................................................................................. 9,994 9,994 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

31 THAAD .................................................................................................................................... 495,396 601,796 

8th THAAD battery components ..................................................................................... [76,300] 

HEMTT life-of-type buy ................................................................................................... [30,100] 

34 AEGIS BMD ............................................................................................................................ 356,195 356,195 

35 AEGIS BMD AP ...................................................................................................................... 44,901 44,901 

36 BMDS AN/TPY–2 RADARS ................................................................................................... 0 243,300 

8th THAAD battery radar equipment .............................................................................. [243,300] 

37 SM–3 IIAS ............................................................................................................................... 218,322 346,322 

Additional SM–3 Block IIA interceptors .......................................................................... [128,000] 

38 ARROW 3 UPPER TIER SYSTEMS .................................................................................... 77,000 77,000 

39 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ......................................... 50,000 50,000 

40 AEGIS ASHORE PHASE III ................................................................................................. 39,114 39,114 

41 IRON DOME ........................................................................................................................... 73,000 73,000 

42 AEGIS BMD HARDWARE AND SOFTWARE .................................................................... 104,241 104,241 

MAJOR EQUIPMENT, NSA 


pbinns on DSKJLVW7X2PROD with BILLS
1105 

•S 4049 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

48 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .............................................. 101 101 

MAJOR EQUIPMENT, OSD 

49 MAJOR EQUIPMENT, OSD .................................................................................................. 3,099 3,099 

MAJOR EQUIPMENT, TJS 

50 MAJOR EQUIPMENT, TJS ................................................................................................... 8,329 8,329 

51 MAJOR EQUIPMENT—TJS CYBER ................................................................................... 1,247 1,247 

MAJOR EQUIPMENT, WHS 

53 MAJOR EQUIPMENT, WHS ................................................................................................. 515 515

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS .................................................................................................... 554,264 554,264 

AVIATION PROGRAMS 

55 ARMED OVERWATCH/TARGETING .................................................................................. 101,000 0 

Lack of validated requirement and analysis ..................................................................... [–101,000] 

56 MANNED ISR ......................................................................................................................... 0 40,100 

SOCOM DHC–8 combat loss replacement ....................................................................... [40,100] 

59 ROTARY WING UPGRADES AND SUSTAINMENT ......................................................... 211,041 211,041 

60 UNMANNED ISR ................................................................................................................... 25,488 25,488 

61 NON-STANDARD AVIATION ............................................................................................... 61,874 61,874 

62 U–28 ......................................................................................................................................... 3,825 28,525 

SOCOM aircraft maintenance support combat loss replacement ..................................... [24,700] 

63 MH–47 CHINOOK .................................................................................................................. 135,482 135,482 

64 CV–22 MODIFICATION ......................................................................................................... 14,829 14,829 

65 MQ–9 UNMANNED AERIAL VEHICLE ............................................................................. 6,746 6,746 

66 PRECISION STRIKE PACKAGE .......................................................................................... 243,111 243,111 

67 AC/MC–130J ............................................................................................................................ 163,914 163,914 

68 C–130 MODIFICATIONS ....................................................................................................... 20,414 20,414 

SHIPBUILDING 

69 UNDERWATER SYSTEMS ................................................................................................... 20,556 20,556 

AMMUNITION PROGRAMS 

70 ORDNANCE ITEMS <$5M ................................................................................................... 186,197 186,197 

OTHER PROCUREMENT PROGRAMS 

71 INTELLIGENCE SYSTEMS ................................................................................................. 94,982 108,382 

Transfer from MMP-Light to man-pack .......................................................................... [13,400] 

72 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............................................ 11,645 11,645 

73 OTHER ITEMS <$5M ........................................................................................................... 96,333 96,333 

74 COMBATANT CRAFT SYSTEMS ......................................................................................... 17,278 17,278 

75 SPECIAL PROGRAMS ........................................................................................................... 78,865 78,865 

76 TACTICAL VEHICLES .......................................................................................................... 30,158 30,158 

77 WARRIOR SYSTEMS <$5M ................................................................................................. 260,733 248,533 

MMP-Light unexecutable, transfer to man-pack .............................................................. [–12,200] 

78 COMBAT MISSION REQUIREMENTS ................................................................................ 19,848 19,848 

79 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .............................................................. 2,401 2,401 

80 OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................................................... 13,861 13,861 

81 OPERATIONAL ENHANCEMENTS .................................................................................... 247,038 259,538 

SOCOM Syria exfiltration reconsitution ........................................................................... [12,500] 

CBDP 

82 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ............................................... 147,150 147,150 

83 CB PROTECTION & HAZARD MITIGATION .................................................................... 149,944 149,944 

TOTAL PROCUREMENT, DEFENSE-WIDE ............................................................ 5,324,487 5,768,587 

TOTAL PROCUREMENT ................................................................................................ 130,684,160 134,014,838 

1 SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY 

2 OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

ROTARY 

9 AH–64 APACHE BLOCK IIIB NEW BUILD ...................................................................... 69,154 69,154 

14 CH–47 HELICOPTER ............................................................................................................ 50,472 50,472 

MODIFICATION OF AIRCRAFT 

17 MQ–1 PAYLOAD (MIP) ......................................................................................................... 5,968 5,968 

20 MULTI SENSOR ABN RECON (MIP) ................................................................................. 122,520 122,520

25 EMARSS SEMA MODS (MIP) ............................................................................................... 26,460 26,460 

30 DEGRADED VISUAL ENVIRONMENT .............................................................................. 1,916 1,916 

GROUND SUPPORT AVIONICS 

37 CMWS ....................................................................................................................................... 149,162 149,162 

38 COMMON INFRARED COUNTERMEASURES (CIRCM) ................................................. 32,400 32,400 

OTHER SUPPORT 

41 AIRCREW INTEGRATED SYSTEMS .................................................................................. 3,028 3,028 


pbinns on DSKJLVW7X2PROD with BILLS
1106 

•S 4049 RS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

TOTAL AIRCRAFT PROCUREMENT, ARMY ......................................................... 461,080 461,080 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

2 M-SHORAD—PROCUREMENT ............................................................................................ 158,300 158,300 

3 MSE MISSILE ......................................................................................................................... 176,585 0 

Inappropriate for EDI, transfer to base ........................................................................... [–176,585] 

AIR-TO-SURFACE MISSILE SYSTEM 

6 HELLFIRE SYS SUMMARY ................................................................................................. 236,265 236,265 

ANTI-TANK/ASSAULT MISSILE SYS 

11 GUIDED MLRS ROCKET (GMLRS) .................................................................................... 127,015 127,015 

15 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ........................................ 84,993 84,993 

MODIFICATIONS 

17 ATACMS MODS ...................................................................................................................... 78,434 78,434 

22 MLRS MODS ........................................................................................................................... 20,000 20,000 

TOTAL MISSILE PROCUREMENT, ARMY ............................................................. 881,592 705,007 

PROCUREMENT OF W&TCV, ARMY 

WEAPONS & OTHER COMBAT VEHICLES 

16 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ...................................... 4,765 4,765 

18 MORTAR SYSTEMS ............................................................................................................... 10,460 10,460 

TOTAL PROCUREMENT OF W&TCV, ARMY ........................................................ 15,225 15,225 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

1 CTG, 5.56MM, ALL TYPES ................................................................................................... 567 567 

2 CTG, 7.62MM, ALL TYPES ................................................................................................... 40 40 

4 CTG, HANDGUN, ALL TYPES ............................................................................................ 17 17 

5 CTG, .50 CAL, ALL TYPES .................................................................................................. 189 189 

8 CTG, 30MM, ALL TYPES ...................................................................................................... 24,900 24,900 

ARTILLERY AMMUNITION 

16 PROJ 155MM EXTENDED RANGE M982 .......................................................................... 29,213 29,213 

17 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ......................................... 21,675 21,675 

ROCKETS 

20 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ...................................................... 176 176 

21 ROCKET, HYDRA 70, ALL TYPES ..................................................................................... 33,880 33,880 

MISCELLANEOUS 

29 ITEMS LESS THAN $5 MILLION (AMMO) ....................................................................... 11 11 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ........................................... 110,668 110,668 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

13 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................................................... 6,500 6,500 

14 PLS ESP .................................................................................................................................. 15,163 15,163 

17 TACTICAL WHEELED VEHICLE PROTECTION KITS .................................................. 27,066 27,066 

COMM—SATELLITE COMMUNICATIONS 

30 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS .................................. 2,700 2,700 

32 ASSURED POSITIONING, NAVIGATION AND TIMING ................................................. 12,566 12,566 

33 SMART-T (SPACE) ................................................................................................................ 289 289 

34 GLOBAL BRDCST SVC—GBS ............................................................................................. 319 319 

COMM—COMBAT COMMUNICATIONS 

45 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .......................................... 1,257 1,257 

COMM—INTELLIGENCE COMM 

48 CI AUTOMATION ARCHITECTURE (MIP) ....................................................................... 1,230 1,230 

INFORMATION SECURITY 

52 COMMUNICATIONS SECURITY (COMSEC) ...................................................................... 128 128 

COMM—BASE COMMUNICATIONS 

58 INFORMATION SYSTEMS ................................................................................................... 15,277 15,277 

62 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ....................................... 74,004 80,004 

EDI: NATO Response Force (NRF) networks ................................................................ [6,000] 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

68 DCGS-A (MIP) ......................................................................................................................... 47,709 47,709 

70 TROJAN (MIP) ....................................................................................................................... 1,766 1,766 

71 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................................................... 61,450 61,450 

73 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ................................................ 12,337 12,337 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

80 FAMILY OF PERSISTENT SURVEILLANCE CAP. (MIP) .............................................. 44,293 44,293 

81 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .................................... 49,100 49,100 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

83 SENTINEL MODS .................................................................................................................. 33,496 33,496 

84 NIGHT VISION DEVICES .................................................................................................... 643 643 

87 RADIATION MONITORING SYSTEMS ............................................................................... 11 11 

88 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ................................................ 37,000 37,000 

94 COMPUTER BALLISTICS: LHMBC XM32 ......................................................................... 280 280 

95 MORTAR FIRE CONTROL SYSTEM .................................................................................. 13,672 13,672 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

100 AIR & MSL DEFENSE PLANNING & CONTROL SYS ..................................................... 15,143 15,143 

ELECT EQUIP—AUTOMATION 


pbinns on DSKJLVW7X2PROD with BILLS
1107 

•S 4049 RS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

109 ARMY TRAINING MODERNIZATION ................................................................................ 4,688 4,688 

110 AUTOMATED DATA PROCESSING EQUIP ...................................................................... 16,552 16,552 

CHEMICAL DEFENSIVE EQUIPMENT 

121 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) .......................................................... 25,480 25,480 

122 BASE DEFENSE SYSTEMS (BDS) ..................................................................................... 98,960 98,960 

123 CBRN DEFENSE ................................................................................................................... 18,887 18,887 

BRIDGING EQUIPMENT 

125 TACTICAL BRIDGING .......................................................................................................... 50,400 50,400 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

137 RENDER SAFE SETS KITS OUTFITS .............................................................................. 84,000 84,000 

COMBAT SERVICE SUPPORT EQUIPMENT 

140 HEATERS AND ECU’S ......................................................................................................... 370 370 

142 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) .................................................. 3,721 3,721 

145 FORCE PROVIDER ............................................................................................................... 56,400 129,800 

EDI: Improvements to living quarters for rotational forces in Europe ........................... [73,400] 

146 FIELD FEEDING EQUIPMENT .......................................................................................... 2,279 2,279 

147 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ..................................... 2,040 2,040 

PETROLEUM EQUIPMENT 

150 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ..................................................... 4,374 4,374 

MEDICAL EQUIPMENT 

151 COMBAT SUPPORT MEDICAL ........................................................................................... 6,390 6,390 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................................................... 7,769 7,769 

153 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................................................... 184 184 

CONSTRUCTION EQUIPMENT 

156 LOADERS ................................................................................................................................ 3,190 3,190 

157 HYDRAULIC EXCAVATOR .................................................................................................. 7,600 7,600 

158 TRACTOR, FULL TRACKED ............................................................................................... 7,450 7,450 

160 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ..................................................... 3,703 3,703 

162 CONST EQUIP ESP ............................................................................................................... 657 657 

GENERATORS 

167 GENERATORS AND ASSOCIATED EQUIP ....................................................................... 106 106 

MATERIAL HANDLING EQUIPMENT 

169 FAMILY OF FORKLIFTS ..................................................................................................... 1,885 1,885 

OTHER SUPPORT EQUIPMENT 

180 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ................................................ 8,500 8,500 

181 PHYSICAL SECURITY SYSTEMS (OPA3) ......................................................................... 3,248 3,248 

185 BUILDING, PRE-FAB, RELOCATABLE ............................................................................ 31,845 31,845 

TOTAL OTHER PROCUREMENT, ARMY ................................................................ 924,077 1,003,477 

AIRCRAFT PROCUREMENT, NAVY 

OTHER AIRCRAFT 

24 STUASL0 UAV ........................................................................................................................ 7,921 7,921 

MODIFICATION OF AIRCRAFT 

53 COMMON ECM EQUIPMENT .............................................................................................. 3,474 3,474 

55 COMMON DEFENSIVE WEAPON SYSTEM ...................................................................... 3,339 3,339 

64 QRC .......................................................................................................................................... 18,507 18,507 

TOTAL AIRCRAFT PROCUREMENT, NAVY .......................................................... 33,241 33,241 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

12 HELLFIRE .............................................................................................................................. 5,572 5,572 

TOTAL WEAPONS PROCUREMENT, NAVY ........................................................... 5,572 5,572 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

1 GENERAL PURPOSE BOMBS ............................................................................................. 8,068 8,068

2 JDAM ....................................................................................................................................... 15,529 15,529 

3 AIRBORNE ROCKETS, ALL TYPES .................................................................................. 23,000 23,000 

4 MACHINE GUN AMMUNITION ........................................................................................... 22,600 22,600 

6 CARTRIDGES & CART ACTUATED DEVICES ................................................................. 3,927 3,927 

7 AIR EXPENDABLE COUNTERMEASURES ...................................................................... 15,978 15,978 

8 JATOS ...................................................................................................................................... 2,100 2,100 

11 OTHER SHIP GUN AMMUNITION ..................................................................................... 2,611 2,611 

12 SMALL ARMS & LANDING PARTY AMMO ....................................................................... 1,624 1,624 

13 PYROTECHNIC AND DEMOLITION .................................................................................. 505 505 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ............................................... 95,942 95,942 

OTHER PROCUREMENT, NAVY 

SMALL BOATS 

28 STANDARD BOATS ............................................................................................................... 19,104 19,104 

OTHER SHIP SUPPORT 

35 SMALL & MEDIUM UUV ...................................................................................................... 2,946 2,946 

ASW ELECTRONIC EQUIPMENT 

43 FIXED SURVEILLANCE SYSTEM ..................................................................................... 213,000 213,000 

SONOBUOYS 

92 SONOBUOYS—ALL TYPES ................................................................................................. 26,196 26,196 

AIRCRAFT SUPPORT EQUIPMENT 


pbinns on DSKJLVW7X2PROD with BILLS
1108 

•S 4049 RS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

95 AIRCRAFT SUPPORT EQUIPMENT .................................................................................. 60,217 60,217 

OTHER ORDNANCE SUPPORT EQUIPMENT 

110 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ................................................................... 2,124 2,124 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

115 PASSENGER CARRYING VEHICLES ................................................................................. 177 177 

116 GENERAL PURPOSE TRUCKS ........................................................................................... 416 416 

118 FIRE FIGHTING EQUIPMENT ........................................................................................... 801 801 

SUPPLY SUPPORT EQUIPMENT 

125 FIRST DESTINATION TRANSPORTATION ..................................................................... 520 520 

TRAINING DEVICES 

128 TRAINING AND EDUCATION EQUIPMENT .................................................................... 11,500 11,500 

COMMAND SUPPORT EQUIPMENT 

130 MEDICAL SUPPORT EQUIPMENT .................................................................................... 3,525 3,525 

136 PHYSICAL SECURITY EQUIPMENT ................................................................................. 3,000 3,000 

TOTAL OTHER PROCUREMENT, NAVY ................................................................. 343,526 343,526 

PROCUREMENT, MARINE CORPS 

GUIDED MISSILES 

12 GUIDED MLRS ROCKET (GMLRS) .................................................................................... 17,456 17,456 

OTHER SUPPORT (TEL) 

15 MODIFICATION KITS ........................................................................................................... 4,200 4,200 

INTELL/COMM EQUIPMENT (NON-TEL) 

22 INTELLIGENCE SUPPORT EQUIPMENT ........................................................................ 10,124 10,124 

TACTICAL VEHICLES 

38 MOTOR TRANSPORT MODIFICATIONS ........................................................................... 16,183 16,183 

TOTAL PROCUREMENT, MARINE CORPS ............................................................ 47,963 47,963 

AIRCRAFT PROCUREMENT, AIR FORCE 

HELICOPTERS 

13 COMBAT RESCUE HELICOPTER ...................................................................................... 174,000 174,000 

OTHER AIRCRAFT 

20 MQ–9 ........................................................................................................................................ 142,490 142,490 

21 RQ–20B PUMA ........................................................................................................................ 13,770 13,770 

STRATEGIC AIRCRAFT 

26 LARGE AIRCRAFT INFRARED COUNTERMEASURES ................................................. 57,521 57,521 

OTHER AIRCRAFT 

46 U–2 MODS ............................................................................................................................... 9,600 9,600 

55 COMPASS CALL ..................................................................................................................... 12,800 12,800 

66 HC/MC–130 MODIFICATIONS ............................................................................................. 58,020 58,020 

69 MQ–9 UAS PAYLOADS ......................................................................................................... 46,100 46,100 

70 CV–22 MODS ........................................................................................................................... 6,290 6,290 

AIRCRAFT SPARES AND REPAIR PARTS 

71 INITIAL SPARES/REPAIR PARTS ..................................................................................... 10,700 10,700 

72 MQ–9 ........................................................................................................................................ 12,250 12,250 

COMMON SUPPORT EQUIPMENT 

73 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................................................... 25,614 25,614 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ............................................. 569,155 569,155 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

4 JOINT AIR-SURFACE STANDOFF MISSILE ................................................................... 30,000 30,000 

8 PREDATOR HELLFIRE MISSILE ...................................................................................... 143,420 143,420 

9 SMALL DIAMETER BOMB .................................................................................................. 50,352 50,352 

TOTAL MISSILE PROCUREMENT, AIR FORCE .................................................. 223,772 223,772 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

1 ROCKETS ................................................................................................................................ 19,489 19,489 

CARTRIDGES 

2 CARTRIDGES ......................................................................................................................... 40,434 40,434 

BOMBS 

4 GENERAL PURPOSE BOMBS ............................................................................................. 369,566 369,566 

6 JOINT DIRECT ATTACK MUNITION ................................................................................ 237,723 237,723 

FLARES 

15 FLARES ................................................................................................................................... 21,171 21,171 

FUZES 

16 FUZES ..................................................................................................................................... 107,855 107,855 

SMALL ARMS 

17 SMALL ARMS ......................................................................................................................... 6,217 6,217 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ............................... 802,455 802,455 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

1 PASSENGER CARRYING VEHICLES ................................................................................. 1,302 1,302 

CARGO AND UTILITY VEHICLES 

2 MEDIUM TACTICAL VEHICLE .......................................................................................... 3,400 3,400 

4 CARGO AND UTILITY VEHICLES ..................................................................................... 12,475 12,475 

SPECIAL PURPOSE VEHICLES 


pbinns on DSKJLVW7X2PROD with BILLS
1109 

•S 4049 RS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

5 JOINT LIGHT TACTICAL VEHICLE ................................................................................. 26,150 26,150 

7 SPECIAL PURPOSE VEHICLES ......................................................................................... 51,254 51,254 

FIRE FIGHTING EQUIPMENT 

8 FIRE FIGHTING/CRASH RESCUE VEHICLES ................................................................ 24,903 24,903 

MATERIALS HANDLING EQUIPMENT 

9 MATERIALS HANDLING VEHICLES ................................................................................ 14,167 14,167 

BASE MAINTENANCE SUPPORT 

10 RUNWAY SNOW REMOV AND CLEANING EQU ............................................................. 5,759 5,759 

11 BASE MAINTENANCE SUPPORT VEHICLES ................................................................. 20,653 20,653 

SPCL COMM-ELECTRONICS PROJECTS 

26 GENERAL INFORMATION TECHNOLOGY ...................................................................... 5,100 5,100 

30 AIR FORCE PHYSICAL SECURITY SYSTEM ................................................................... 56,496 56,496 

ORGANIZATION AND BASE 

49 BASE COMM INFRASTRUCTURE ...................................................................................... 30,717 30,717 

BASE SUPPORT EQUIPMENT 

55 ENGINEERING AND EOD EQUIPMENT .......................................................................... 13,172 13,172 

56 MOBILITY EQUIPMENT ...................................................................................................... 33,694 33,694 

57 FUELS SUPPORT EQUIPMENT (FSE) ............................................................................. 1,777 1,777 

58 BASE MAINTENANCE AND SUPPORT EQUIPMENT .................................................... 31,620 31,620 

SPECIAL SUPPORT PROJECTS 

61 DCGS-AF ................................................................................................................................. 18,700 18,700 

SPARES AND REPAIR PARTS 

65 SPARES AND REPAIR PARTS ............................................................................................ 4,000 4,000 

TOTAL OTHER PROCUREMENT, AIR FORCE .................................................... 355,339 355,339 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

16 DEFENSE INFORMATION SYSTEM NETWORK ............................................................ 6,120 6,120 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

30 COUNTER IMPROVISED THREAT TECHNOLOGIES .................................................... 2,540 2,540 

CLASSIFIED PROGRAMS .................................................................................................... 3,500 3,500 

CLASSIFIED PROGRAMS 

AVIATION PROGRAMS 

56 MANNED ISR ......................................................................................................................... 5,000 5,000 

57 MC–12 ...................................................................................................................................... 5,000 5,000 

60 UNMANNED ISR ................................................................................................................... 8,207 8,207 

AMMUNITION PROGRAMS 

70 ORDNANCE ITEMS <$5M ................................................................................................... 105,355 105,355 

OTHER PROCUREMENT PROGRAMS 

71 INTELLIGENCE SYSTEMS ................................................................................................. 16,234 16,234 

73 OTHER ITEMS <$5M ........................................................................................................... 984 984 

76 TACTICAL VEHICLES .......................................................................................................... 2,990 2,990 

77 WARRIOR SYSTEMS <$5M ................................................................................................. 32,573 32,573 

78 COMBAT MISSION REQUIREMENTS ................................................................................ 10,000 10,000 

80 OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................................................... 6,724 6,724 

81 OPERATIONAL ENHANCEMENTS .................................................................................... 53,264 53,264 

TOTAL PROCUREMENT, DEFENSE-WIDE ............................................................ 258,491 258,491 

TOTAL PROCUREMENT ................................................................................................ 5,128,098 5,030,913 

1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

BASIC RESEARCH 

2 0601102A DEFENSE RESEARCH SCIENCES .................................................... 303,257 315,257 

AI human performance optimization ............................................... [2,000] 

Increase in basic research ................................................................ [10,000] 

3 0601103A UNIVERSITY RESEARCH INITIATIVES .......................................... 67,148 67,148 


pbinns on DSKJLVW7X2PROD with BILLS
1110 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

4 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ................ 87,877 87,877 

5 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE ....................... 5,077 5,077 

SUBTOTAL BASIC RESEARCH .................................................. 463,359 475,359 

APPLIED RESEARCH 

7 0602115A BIOMEDICAL TECHNOLOGY ............................................................ 11,835 15,835 

Pandemic vaccine response .............................................................. [4,000] 

11 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES .......... 2,000 2,000 

12 0602141A LETHALITY TECHNOLOGY .............................................................. 42,425 45,425 

Hybrid additive manufacturing ........................................................ [3,000] 

13 0602142A ARMY APPLIED RESEARCH ............................................................. 30,757 33,757 

Pathfinder Air Assault ..................................................................... [3,000] 

14 0602143A SOLDIER LETHALITY TECHNOLOGY ............................................ 125,435 135,935 

Harnessing Emerging Research Opportunities to Empower Soldiers Program.[2,500] 

Metal-based display technologies ...................................................... [3,000] 

Pathfinder Airborne ......................................................................... [5,000] 

15 0602144A GROUND TECHNOLOGY .................................................................... 28,047 30,047 

Ground technology advanced manufacturing, materials and process initiative.[2,000] 

16 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY ........... 217,565 227,565 

Ground combat vehicle platform electrification ............................... [2,000] 

Immersive virtual modeling and simulation techniques ................... [5,000] 

Next Generation Combat Vehicle modeling and simulation ............ [3,000] 

17 0602146A NETWORK C3I TECHNOLOGY .......................................................... 114,404 126,404 

Backpackable Communications Intelligence System ........................ [5,000] 

Defense resiliency platform against extreme cold weather .............. [3,000] 

Multi-drone multi-sensor ISR capability .......................................... [2,000] 

Quantum computing base materials optimization ........................... [2,000] 

18 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY ........................ 60,553 67,553 

Composite artillery tube and propulsion prototyping ...................... [7,000] 

19 0602148A FUTURE VERTICLE LIFT TECHNOLOGY ..................................... 96,484 96,484 

20 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY ................................ 56,298 66,298 

Counter unmanned aerial systems threat R&D ............................... [5,000] 

Counter unmanned aircraft systems research ................................. [5,000] 

22 0602213A C3I APPLIED CYBER .......................................................................... 18,816 18,816 

40 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ................. 20,766 20,766 

42 0602787A MEDICAL TECHNOLOGY ................................................................... 95,496 97,496 

Research for coronavirus vaccine ..................................................... [2,000] 

SUBTOTAL APPLIED RESEARCH ............................................ 920,881 984,381 

ADVANCED TECHNOLOGY DEVELOPMENT 

44 0603002A MEDICAL ADVANCED TECHNOLOGY ............................................ 38,896 38,896 

49 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.11,659 11,659 

52 0603115A MEDICAL DEVELOPMENT ................................................................ 27,723 27,723 

53 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT .................... 62,663 62,663 

54 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY ..................... 109,608 111,608 

3D advanced manufacturing ............................................................ [2,000] 

55 0603119A GROUND ADVANCED TECHNOLOGY .............................................. 14,795 20,795 

Cybersecurity for industrial control systems and building automation.[3,000] 

Graphene applications for military engineering ............................... [3,000] 

59 0603134A COUNTER IMPROVISED-THREAT SIMULATION .......................... 25,000 25,000 

63 0603457A C3I CYBER ADVANCED DEVELOPMENT ....................................... 23,357 23,357 

64 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.188,024 193,024 

High performance computing modernization ................................... [5,000] 

65 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY.199,358 226,858 

Carbon fiber and graphitic composites ............................................ [10,000] 

Cyber and connected vehicle innovation research ............................ [5,000] 

Small unit ground robotic capabilities ............................................. [7,500] 

Virtual experimentations enhancement ............................................ [5,000] 

66 0603463A NETWORK C3I ADVANCED TECHNOLOGY ................................... 158,608 158,608 

67 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 121,060 124,060 

Hyper velocity projectile—extended range technologies .................. [3,000] 

68 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY ............... 156,194 156,194 

69 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY ......... 58,130 73,630 

Electromagnetic effects research to support fires and AMD CFTs [5,000] 

High-energy laser system characterization lab ................................ [10,500] 

77 0603920A HUMANITARIAN DEMINING ............................................................. 8,515 8,515 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.1,203,590 1,262,590 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

78 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION ................... 11,062 14,062 


pbinns on DSKJLVW7X2PROD with BILLS
1111 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

Hypersonic hot air tunnel test environment .................................... [3,000] 

79 0603308A ARMY SPACE SYSTEMS INTEGRATION ......................................... 26,230 26,230 

80 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ............ 26,482 26,482 

81 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...................... 64,092 64,092 

83 0603639A TANK AND MEDIUM CALIBER AMMUNITION .............................. 92,753 92,753 

84 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV ...................... 151,478 151,478 

85 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................................... 5,841 5,841 

86 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 194,775 194,775 

87 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ............. 24,316 24,316 

88 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ........... 13,387 13,387 

89 0603790A NATO RESEARCH AND DEVELOPMENT ....................................... 4,762 4,762 

90 0603801A AVIATION—ADV DEV ......................................................................... 647,937 652,937 

Future Long Range Assault Aircraft (FLRAA) ............................. [5,000] 

91 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ............... 4,761 4,761 

92 0603807A MEDICAL SYSTEMS—ADV DEV ....................................................... 28,520 28,520 

93 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ..................... 26,138 26,138 

94 0604017A ROBOTICS DEVELOPMENT .............................................................. 121,207 121,207 

96 0604021A ELECTRONIC WARFARE TECHNOLOGY MATURATION (MIP) 22,840 22,840 

97 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY ................ 22,678 22,678 

98 0604100A ANALYSIS OF ALTERNATIVES ........................................................ 10,082 10,082 

99 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) .................. 1,378 1,378 

100 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM 

(FTUAS).

40,083 40,083 

101 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR ......... 376,373 376,373 

102 0604115A TECHNOLOGY MATURATION INITIATIVES .................................. 156,834 146,834 

OpFires lack of transition pathway ................................................. [–10,000] 

103 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) ....... 4,995 4,995 

105 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING.170,490 170,490 

106 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) .... 128,125 128,125 

107 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & 

PROTOTYPING.

129,547 129,547 

108 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING.13,831 13,831 

109 0604182A HYPERSONICS ...................................................................................... 801,417 796,417 

Lack of hypersonic prototyping coordination ................................... [–5,000] 

111 0604403A FUTURE INTERCEPTOR .................................................................... 7,992 7,992 

112 0604541A UNIFIED NETWORK TRANSPORT ................................................... 40,677 40,677 

115 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT .. 50,525 50,525 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

3,421,608 3,414,608 

SYSTEM DEVELOPMENT & DEMONSTRATION 

118 0604201A AIRCRAFT AVIONICS .......................................................................... 2,764 2,764 

119 0604270A ELECTRONIC WARFARE DEVELOPMENT .................................... 62,426 62,426 

121 0604601A INFANTRY SUPPORT WEAPONS ..................................................... 91,574 91,574 

122 0604604A MEDIUM TACTICAL VEHICLES ....................................................... 8,523 8,523 

123 0604611A JAVELIN ................................................................................................ 7,493 7,493

124 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................................... 24,792 24,792 

125 0604633A AIR TRAFFIC CONTROL .................................................................... 3,511 3,511 

126 0604642A LIGHT TACTICAL WHEELED VEHICLES ...................................... 1,976 1,976 

127 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ....... 135,488 135,488 

128 0604710A NIGHT VISION SYSTEMS—ENG DEV ............................................. 61,445 61,445 

129 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .................... 2,814 2,814 

130 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ............................ 28,036 28,036 

131 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE— 

ENG DEV.

43,651 83,651 

Joint Counter-UAS Office acceleration ........................................... [17,500] 

Joint Counter-UAS Office SOCOM advanced capabilities .............. [7,500] 

Joint Counter-UAS Office SOCOM demonstrations ....................... [15,000] 

132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ....... 10,150 10,150 

133 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ....................... 5,578 5,578 

134 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG 

DEV.

7,892 7,892 

135 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) ......................... 24,975 24,975 

136 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ............... 3,568 3,568 

137 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION .......... 19,268 19,268 

138 0604802A WEAPONS AND MUNITIONS—ENG DEV ....................................... 265,811 266,611 

Increase NGSW soldier touchpoints ................................................ [800] 

139 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ............... 49,694 49,694 

140 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG 

DEV.

11,079 11,079 

141 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE 

EQUIPMENT—ENG DEV.

49,870 49,870 

142 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ................................ 9,589 9,589 

143 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & 

SOFTWARE.

162,513 162,513 

144 0604820A RADAR DEVELOPMENT ..................................................................... 109,259 109,259 


pbinns on DSKJLVW7X2PROD with BILLS
1112 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

145 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 21,201 21,201 

146 0604823A FIREFINDER ........................................................................................ 20,008 20,008 

147 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................................... 6,534 6,534 

148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 82,459 129,459 

Bradley and Stryker APS ................................................................ [47,000] 

149 0604854A ARTILLERY SYSTEMS—EMD ........................................................... 11,611 11,611 

150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT .......................... 142,678 147,678 

Integrated data software pilot program ........................................... [5,000] 

151 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 115,286 115,286 

152 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ........................... 96,594 96,594 

154 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ............................ 16,264 16,264 

155 0605031A JOINT TACTICAL NETWORK (JTN) ................................................ 31,696 31,696 

157 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM— 

EXPEDITIONARY (GBOSS-E).

5,976 5,976 

159 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ................. 23,321 23,321 

161 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE.4,846 4,846 

162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ................................. 28,544 16,544 

Army Cyber SU program ................................................................. [–12,000] 

163 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) ................. 28,178 28,178 

164 0605047A CONTRACT WRITING SYSTEM ......................................................... 22,860 22,860 

166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............................... 35,893 35,893 

167 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 235,770 187,970 

Army-identified funding early to need ............................................. [–47,800] 

168 0605053A GROUND ROBOTICS ............................................................................ 13,710 13,710 

169 0605054A EMERGING TECHNOLOGY INITIATIVES ....................................... 294,739 294,739 

170 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT.954 954 

171 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION ............... 150,201 150,201 

172 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) .................. 5,999 5,999 

174 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ..................................... 8,891 8,891 

175 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) .... 193,929 193,929 

176 0605625A MANNED GROUND VEHICLE ........................................................... 327,732 247,732 

OMFV program reset ....................................................................... [–80,000] 

177 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ......................... 7,670 7,670 

178 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING 

AND MANUFACTURING DEVELOPMENT PH.

1,742 1,742 

179 0605830A AVIATION GROUND SUPPORT EQUIPMENT ................................ 1,467 1,467 

180 0303032A TROJAN—RH12 .................................................................................... 3,451 3,451 

183 0304270A ELECTRONIC WARFARE DEVELOPMENT .................................... 55,855 55,855 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,199,798 3,152,798 

MANAGEMENT SUPPORT 

185 0604256A THREAT SIMULATOR DEVELOPMENT .......................................... 14,515 14,515 

186 0604258A TARGET SYSTEMS DEVELOPMENT ............................................... 10,668 10,668 

187 0604759A MAJOR T&E INVESTMENT ................................................................ 106,270 106,270 

188 0605103A RAND ARROYO CENTER .................................................................... 13,481 13,481 

189 0605301A ARMY KWAJALEIN ATOLL ................................................................ 231,824 231,824 

190 0605326A CONCEPTS EXPERIMENTATION PROGRAM ................................. 54,898 54,898 

192 0605601A ARMY TEST RANGES AND FACILITIES ......................................... 350,359 365,359 

Program increase—Army directed energy T&E .............................. [15,000] 

193 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 48,475 48,475 

194 0605604A SURVIVABILITY/LETHALITY ANALYSIS ....................................... 36,001 36,001 

195 0605606A AIRCRAFT CERTIFICATION .............................................................. 2,736 2,736 

196 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ............. 6,488 6,488 

197 0605706A MATERIEL SYSTEMS ANALYSIS ..................................................... 21,859 21,859 

198 0605709A EXPLOITATION OF FOREIGN ITEMS ............................................. 7,936 7,936 

199 0605712A SUPPORT OF OPERATIONAL TESTING ......................................... 54,470 54,470 

200 0605716A ARMY EVALUATION CENTER .......................................................... 63,141 63,141 

201 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ... 2,572 2,572 

202 0605801A PROGRAMWIDE ACTIVITIES ............................................................ 87,472 87,472 

203 0605803A TECHNICAL INFORMATION ACTIVITIES ...................................... 26,244 26,244 

204 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND 

SAFETY.

40,133 40,133 

205 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,780 1,780 

206 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA ........... 55,045 55,045 

208 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 71,306 71,306 

209 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION ......... 1,063 1,063 

210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES ........................................ 19,891 19,891 

211 0606942A ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

4,496 4,496 

SUBTOTAL MANAGEMENT SUPPORT ................................... 1,333,123 1,348,123 

OPERATIONAL SYSTEMS DEVELOPMENT 

214 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ................................ 10,157 10,157 

216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ....................................... 8,682 8,682 

217 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.20,409 20,409 


pbinns on DSKJLVW7X2PROD with BILLS
1113 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

219 0607134A LONG RANGE PRECISION FIRES (LRPF) ...................................... 122,733 115,233 

Excess funds due to second vendor dropped .................................... [–7,500] 

221 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM .................. 11,236 11,236 

222 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ......................... 46,091 46,091 

224 0607139A IMPROVED TURBINE ENGINE PROGRAM .................................... 249,257 249,257 

225 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND 

DEVELOPMENT.

17,155 17,155 

226 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS ....... 7,743 7,743 

227 0607145A APACHE FUTURE DEVELOPMENT ................................................. 77,177 77,177 

228 0607150A INTEL CYBER DEVELOPMENT ....................................................... 14,652 14,652 

229 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT ....................... 35,851 35,851 

230 0607665A FAMILY OF BIOMETRICS .................................................................. 1,324 1,324 

231 0607865A PATRIOT PRODUCT IMPROVEMENT .............................................. 187,840 187,840 

232 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).44,691 44,691 

233 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ......................... 268,919 268,919 

234 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS .......... 427,254 427,254 

235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.11,688 11,688 

236 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 80 80 

237 0203758A DIGITIZATION ...................................................................................... 4,516 4,516 

238 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 1,288 1,288 

239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS .......... 79,424 79,424 

243 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL 

SYSTEM DEV.

259 259 

244 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM .... 166 166 

245 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ....... 75,575 93,075 

Qualification of second SRM source ................................................ [17,500] 

246 0208053A JOINT TACTICAL GROUND SYSTEM .............................................. 9,510 9,510 

249 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ......................... 29,270 29,270 

250 0303141A GLOBAL COMBAT SUPPORT SYSTEM ............................................ 86,908 86,908 

251 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ................................ 18,684 18,684 

256 0305179A INTEGRATED BROADCAST SERVICE (IBS) .................................. 467 467 

257 0305204A TACTICAL UNMANNED AERIAL VEHICLES ................................. 4,051 4,051 

258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ..................................... 13,283 13,283 

259 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 47,204 47,204 

264 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ............ 61,012 78,512 

Functional fabrics manufacturing .................................................... [7,500] 

Nanoscale materials manufacturing ................................................. [5,000] 

Tungsten manufacturing for armanents .......................................... [5,000] 

999 9999999999 CLASSIFIED PROGRAMS ................................................................... 3,983 3,983 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,998,539 2,026,039 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

267 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT.46,445 46,445 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

46,445 46,445 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY.

12,587,343 12,710,343 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

1 0601103N UNIVERSITY RESEARCH INITIATIVES .......................................... 116,816 118,816 

Defense University Research and Instrumentation Program .......... [2,000] 

2 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH .............. 19,113 19,113 

3 0601153N DEFENSE RESEARCH SCIENCES .................................................... 467,158 480,158 

Increase in basic research ................................................................ [10,000] 

Predictive modeling for undersea vehicles ....................................... [3,000] 

SUBTOTAL BASIC RESEARCH .................................................. 603,087 618,087 

APPLIED RESEARCH 

4 0602114N POWER PROJECTION APPLIED RESEARCH ................................ 17,792 17,792 

5 0602123N FORCE PROTECTION APPLIED RESEARCH ................................. 122,281 140,281 

Direct air capture and blue carbon removal technology program ... [8,000] 

Electric propulsion for military craft and advanced planning hulls [2,000] 

Expeditionary unmanned systems launch and recovery .................. [5,000] 

Testbed for autonomous ship systems ............................................. [3,000] 

6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ...................... 50,623 53,623 

Interdisciplinary cybersecurity research ........................................... [3,000] 

7 0602235N COMMON PICTURE APPLIED RESEARCH ..................................... 48,001 48,001 

8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ................. 67,765 74,765 

Humanoid robotics research ............................................................ [4,000] 

Social networks and computational social science ........................... [3,000] 

9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ............... 84,994 84,994 

10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 63,392 63,392 


pbinns on DSKJLVW7X2PROD with BILLS
1114 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ............. 6,343 6,343 

12 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............................... 56,397 63,897 

Navy and academia submarine partnerships ................................... [7,500] 

13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ............. 167,590 167,590 

14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 30,715 30,715 

15 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH.160,537 167,837 

Thermoplastic materials ................................................................... [7,300] 

16 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD 

ACITIVITIES.

76,745 76,745 

SUBTOTAL APPLIED RESEARCH ............................................ 953,175 995,975 

ADVANCED TECHNOLOGY DEVELOPMENT 

17 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ....................... 24,410 24,410 

18 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ..... 8,008 8,008 

19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) .... 219,045 222,045 

Mission planning advanced technology demonstration .................... [3,000] 

20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.13,301 13,301 

21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY 

DEVELOPMENT.

246,054 246,054 

22 0603680N MANUFACTURING TECHNOLOGY PROGRAM ............................... 60,122 60,122 

23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY .......... 4,851 4,851 

24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.40,709 40,709 

25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.1,948 1,948 

26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.141,948 141,948 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.760,396 763,396 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

27 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES 

(USVS).

464,042 0 

Excess procurement ahead of satisfactory testing ........................... [–464,042] 

28 0603207N AIR/OCEAN TACTICAL APPLICATIONS .......................................... 35,386 35,386 

29 0603216N AVIATION SURVIVABILITY ............................................................... 13,428 13,428 

30 0603239N ISO NAVAL CONSTRUCTION FORCES ............................................ 2,350 2,350 

31 0603251N AIRCRAFT SYSTEMS ........................................................................... 418 418 

32 0603254N ASW SYSTEMS DEVELOPMENT ....................................................... 15,719 15,719 

33 0603261N TACTICAL AIRBORNE RECONNAISSANCE .................................... 3,411 3,411 

34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ........................... 70,218 56,118 

Project 3416: HIJENKS insufficient schedule justification ........... [–7,000] 

Project 3422: SHARC excess platforms ahead of satisfactory testing.[–7,100] 

35 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.52,358 24,158 

Project 2989: Barracuda program delay ......................................... [–28,200] 

36 0603506N SURFACE SHIP TORPEDO DEFENSE ............................................ 12,816 12,816 

37 0603512N CARRIER SYSTEMS DEVELOPMENT .............................................. 7,559 7,559 

38 0603525N PILOT FISH ........................................................................................... 358,757 358,757 

39 0603527N RETRACT LARCH ................................................................................ 12,562 12,562 

40 0603536N RETRACT JUNIPER ............................................................................ 148,000 148,000 

41 0603542N RADIOLOGICAL CONTROL ................................................................ 778 778 

42 0603553N SURFACE ASW ...................................................................................... 1,161 1,161 

43 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ................... 185,356 195,356 

Out-of-autoclave submarine technology development ....................... [20,000] 

Project 9710: EDMs early to need .................................................. [–10,000] 

44 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .............................. 10,528 10,528 

45 0603563N SHIP CONCEPT ADVANCED DESIGN ............................................. 126,396 63,296 

Project 2196: Future surface combatant early to need ................... [–19,100] 

Project 3161: Program increase for CBM+ initiative .................... [16,000] 

Project 4044: Medium amphibious ship early to need .................... [–30,000] 

Project 4045: Medium logistics ship early to need .......................... [–30,000] 

46 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ........... 70,270 28,970 

Project 0411: LSC preliminary design and CDD early to need ...... [–41,300] 

47 0603570N ADVANCED NUCLEAR POWER SYSTEMS ...................................... 149,188 149,188 

48 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ............................. 38,449 238,449 

Accelerate ITF to achieve full test capability in FY23 ................... [75,000] 

Accelerate qualification of silicon carbide power modules ............... [10,000] 

USV autonomy development ............................................................ [45,000] 

USV engine and generator qualification testing .............................. [70,000] 

49 0603576N CHALK EAGLE ..................................................................................... 71,181 71,181 

50 0603581N LITTORAL COMBAT SHIP (LCS) ...................................................... 32,178 27,178 

Project 3096: Available prior year funds ......................................... [–5,000] 

51 0603582N COMBAT SYSTEM INTEGRATION .................................................... 17,843 17,843 


pbinns on DSKJLVW7X2PROD with BILLS
1115 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

52 0603595N OHIO REPLACEMENT ........................................................................ 317,196 317,196 

53 0603596N LCS MISSION MODULES .................................................................... 67,875 32,875 

Project 2550: LCS MCM MP outdated IMS and TEMP ............... [–20,000] 

Project 2551: LCS ASW MP available prior year funds due to 

testing delays.

[–15,000] 

54 0603597N AUTOMATED TEST AND ANALYSIS ............................................... 4,797 4,797 

55 0603599N FRIGATE DEVELOPMENT ................................................................. 82,309 82,309 

56 0603609N CONVENTIONAL MUNITIONS ........................................................... 9,922 2,122 

Project 0363: Insufficient justification ............................................ [–7,800] 

57 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ............. 189,603 189,603 

58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 43,084 43,084 

59 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ............ 6,346 6,346 

60 0603721N ENVIRONMENTAL PROTECTION .................................................... 20,601 20,601 

61 0603724N NAVY ENERGY PROGRAM ................................................................. 23,422 23,422 

62 0603725N FACILITIES IMPROVEMENT ............................................................. 4,664 4,664 

63 0603734N CHALK CORAL ..................................................................................... 545,763 545,763 

64 0603739N NAVY LOGISTIC PRODUCTIVITY ..................................................... 3,884 3,884 

65 0603746N RETRACT MAPLE ................................................................................ 353,226 353,226 

66 0603748N LINK PLUMERIA .................................................................................. 544,388 544,388 

67 0603751N RETRACT ELM ..................................................................................... 86,730 86,730 

68 0603764M LINK EVERGREEN .............................................................................. 236,234 236,234 

70 0603790N NATO RESEARCH AND DEVELOPMENT ....................................... 6,880 6,880 

71 0603795N LAND ATTACK TECHNOLOGY ......................................................... 10,578 10,578 

72 0603851M JOINT NON-LETHAL WEAPONS TESTING .................................... 28,435 28,435 

73 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS— 

DEM/VAL.

33,612 33,612 

74 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ........ 128,845 113,845 

Project 3402: Excess engineering and sustainment support ........... [–15,000] 

75 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) ........................ 84,190 84,190 

76 0604027N DIGITAL WARFARE OFFICE ............................................................. 54,699 54,699 

77 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES ..... 53,942 53,942 

78 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES ..... 40,060 40,060 

79 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION..12,100 12,100 

80 0604031N LARGE UNMANNED UNDERSEA VEHICLES ................................ 78,122 42,122 

Project 2094: Excess procurement ahead of phase 1 testing .......... [–36,000] 

81 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER 

(CVN 78—80).

107,895 107,895 

82 0604126N LITTORAL AIRBORNE MCM .............................................................. 17,366 17,366 

83 0604127N SURFACE MINE COUNTERMEASURES .......................................... 18,754 18,754 

84 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).59,776 59,776 

86 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) .......................... 5,097 5,097 

87 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE ........................ 3,664 3,664 

88 0604454N LX (R) ..................................................................................................... 10,203 10,203 

89 0604536N ADVANCED UNDERSEA PROTOTYPING ........................................ 115,858 95,858 

Orca UUV testing delay and uncertified test strategy .................... [–10,000] 

Snakehead UUV uncertified test strategy ....................................... [–10,000] 

90 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) ............... 14,259 14,259 

91 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ..... 1,102,387 1,045,387 

Lack of hypersonic prototyping coordination ................................... [–5,000] 

Project 3334: Excess Virginia-class CPS modification and installation costs.[–52,000] 

92 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ 

ENGINEERING SUPPORT.

7,657 7,657 

93 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.35,750 35,750 

94 0303354N ASW SYSTEMS DEVELOPMENT—MIP ............................................ 9,151 9,151 

95 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM .......... 22,589 22,589 

97 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ......................... 809 809 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

6,503,074 5,926,532 

SYSTEM DEVELOPMENT & DEMONSTRATION 

98 0603208N TRAINING SYSTEM AIRCRAFT ........................................................ 4,332 4,332 

99 0604212N OTHER HELO DEVELOPMENT ........................................................ 18,133 23,133 

Program increase for Attack and Utility Replacement Aircraft ..... [5,000] 

100 0604214M AV–8B AIRCRAFT—ENG DEV ........................................................... 20,054 20,054 

101 0604215N STANDARDS DEVELOPMENT ........................................................... 4,237 4,237 

102 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ..... 27,340 27,340 

104 0604221N P–3 MODERNIZATION PROGRAM .................................................... 606 606 

105 0604230N WARFARE SUPPORT SYSTEM .......................................................... 9,065 9,065 

106 0604231N TACTICAL COMMAND SYSTEM ........................................................ 97,968 97,968 

107 0604234N ADVANCED HAWKEYE ....................................................................... 309,373 309,373 

108 0604245M H–1 UPGRADES .................................................................................... 62,310 62,310 

109 0604261N ACOUSTIC SEARCH SENSORS .......................................................... 47,182 47,182 

110 0604262N V–22A ...................................................................................................... 132,624 132,624 

111 0604264N AIR CREW SYSTEMS DEVELOPMENT ............................................ 21,445 21,445 


pbinns on DSKJLVW7X2PROD with BILLS
1116 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

112 0604269N EA–18 ...................................................................................................... 106,134 106,134 

113 0604270N ELECTRONIC WARFARE DEVELOPMENT .................................... 134,194 134,194 

114 0604273M EXECUTIVE HELO DEVELOPMENT ............................................... 99,321 99,321 

115 0604274N NEXT GENERATION JAMMER (NGJ) .............................................. 477,680 477,680 

116 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ........... 232,818 232,818 

117 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II ................. 170,039 170,039 

118 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 403,712 403,712 

119 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...................................... 945 945 

120 0604329N SMALL DIAMETER BOMB (SDB) ..................................................... 62,488 62,488 

121 0604366N STANDARD MISSILE IMPROVEMENTS .......................................... 386,225 386,225 

122 0604373N AIRBORNE MCM ................................................................................... 10,909 10,909 

123 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING.44,548 44,548 

124 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) ........... 13,673 13,673 

125 0604501N ADVANCED ABOVE WATER SENSORS ........................................... 87,809 87,809 

126 0604503N SSN–688 AND TRIDENT MODERNIZATION ................................... 93,097 93,097 

127 0604504N AIR CONTROL ....................................................................................... 38,863 38,863 

128 0604512N SHIPBOARD AVIATION SYSTEMS ................................................... 9,593 9,593 

129 0604518N COMBAT INFORMATION CENTER CONVERSION ........................ 12,718 12,718 

130 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ............. 78,319 78,319 

131 0604530N ADVANCED ARRESTING GEAR (AAG) ............................................ 65,834 65,834 

132 0604558N NEW DESIGN SSN ............................................................................... 259,443 259,443 

133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ................................ 63,878 58,878 

AN/BYG–1 APB17 and APB19 testing delays ............................... [–5,000] 

134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .................................. 51,853 66,753 

Advanced degaussing DDG–51 retrofit and demonstration ............ [14,900] 

135 0604574N NAVY TACTICAL COMPUTER RESOURCES ................................... 3,853 3,853 

136 0604601N MINE DEVELOPMENT ........................................................................ 92,607 92,607 

137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .................................. 146,012 116,012 

Project 1412: HAAWC operational testing delays .......................... [–10,000] 

Project 3418: Mk 54 Mod 2 contract delays ................................... [–20,000] 

138 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 8,383 8,383 

139 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS— 

ENG DEV.

33,784 33,784 

140 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS.8,599 8,599 

141 0604727N JOINT STANDOFF WEAPON SYSTEMS .......................................... 73,744 73,744 

142 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ............................. 157,490 157,490 

143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ............................ 121,761 121,761 

144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...................... 89,373 89,373 

145 0604761N INTELLIGENCE ENGINEERING ...................................................... 15,716 15,716 

146 0604771N MEDICAL DEVELOPMENT ................................................................ 2,120 2,120 

147 0604777N NAVIGATION/ID SYSTEM ................................................................... 50,180 50,180 

148 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ........................................... 561 561 

149 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ........................................... 250 250 

150 0604850N SSN(X) .................................................................................................... 1,000 1,000 

151 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .......................... 974 974 

152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .......................... 356,173 356,173 

153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ....................................... 7,810 7,810 

154 0605212M CH–53K RDTE ....................................................................................... 406,406 406,406 

155 0605215N MISSION PLANNING ........................................................................... 86,134 86,134 

156 0605217N COMMON AVIONICS ............................................................................ 54,540 54,540 

157 0605220N SHIP TO SHORE CONNECTOR (SSC) .............................................. 5,155 5,155 

158 0605327N T-AO 205 CLASS ................................................................................... 5,148 5,148 

159 0605414N UNMANNED CARRIER AVIATION (UCA) ........................................ 266,970 266,970 

160 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ..................................... 12,713 12,713 

161 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ............................ 24,424 24,424 

162 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III .................. 182,870 182,870 

163 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION.41,775 41,775 

164 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION.2,541 2,541 

165 0204202N DDG–1000 ............................................................................................... 208,448 208,448 

169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .............................................. 111,434 111,434 

170 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ............... 26,173 26,173 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,263,883 6,248,783 

MANAGEMENT SUPPORT 

171 0604256N THREAT SIMULATOR DEVELOPMENT .......................................... 22,075 22,075 

172 0604258N TARGET SYSTEMS DEVELOPMENT ............................................... 10,224 10,224 

173 0604759N MAJOR T&E INVESTMENT ................................................................ 85,195 85,195 

175 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ................................. 3,089 3,089 

176 0605154N CENTER FOR NAVAL ANALYSES .................................................... 43,517 43,517 

179 0605804N TECHNICAL INFORMATION SERVICES ......................................... 932 932 

180 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT .... 94,297 94,297 

181 0605856N STRATEGIC TECHNICAL SUPPORT ................................................ 3,813 3,813 

183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ........................................ 104,822 104,822 


pbinns on DSKJLVW7X2PROD with BILLS
1117 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

184 0605864N TEST AND EVALUATION SUPPORT ................................................ 446,960 446,960 

185 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ............. 27,241 27,241 

186 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 15,787 15,787 

187 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT .................. 8,559 8,559 

188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ................................. 42,749 42,749 

189 0605898N MANAGEMENT HQ—R&D .................................................................. 41,094 41,094 

190 0606355N WARFARE INNOVATION MANAGEMENT ....................................... 37,022 37,022 

193 0305327N INSIDER THREAT ............................................................................... 2,310 2,310 

194 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES).1,536 1,536 

SUBTOTAL MANAGEMENT SUPPORT ................................... 991,222 991,222 

OPERATIONAL SYSTEMS DEVELOPMENT 

199 0604227N HARPOON MODIFICATIONS .............................................................. 697 697 

200 0604840M F–35 C2D2 .............................................................................................. 379,549 379,549 

201 0604840N F–35 C2D2 .............................................................................................. 413,875 413,875 

202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ..................... 143,667 143,667 

204 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ...................... 173,056 173,056 

205 0101224N SSBN SECURITY TECHNOLOGY PROGRAM .................................. 45,970 45,970 

206 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT .................. 69,190 61,190 

CRAW EDM (TI–2) early to need .................................................. [–8,000] 

207 0101402N NAVY STRATEGIC COMMUNICATIONS ........................................... 42,277 42,277 

208 0204136N F/A–18 SQUADRONS ............................................................................ 171,030 171,030 

210 0204228N SURFACE SUPPORT ............................................................................ 33,482 33,482 

211 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER 

(TMPC).

200,308 200,308 

212 0204311N INTEGRATED SURVEILLANCE SYSTEM ....................................... 102,975 152,975 

Accelerate sensor and signal processing development ...................... [25,000] 

Program increase for spiral 1 TRAPS units ................................... [25,000] 

213 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS ........................ 10,873 10,873 

214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT 

CRAFT).

1,713 6,713 

Program increase for LCAC composite component manufacturing [5,000] 

215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................... 22,205 105,805 

Program increase for G/ATOR and SM–6 stand-alone engagement 

analysis.

[10,000] 

Program increase for USMC G/ATOR and SM–6 demonstration .. [73,600] 

216 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ............ 83,956 83,956 

218 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT .............. 56,791 56,791 

219 0205601N HARM IMPROVEMENT ....................................................................... 146,166 146,166 

221 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ....................... 29,348 29,348 

222 0205632N MK–48 ADCAP ....................................................................................... 110,349 110,349 

223 0205633N AVIATION IMPROVEMENTS .............................................................. 133,953 133,953 

224 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............................... 110,313 110,313 

225 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ............................ 207,662 207,662 

226 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM 

(CAC2S).

4,406 4,406 

227 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS.61,381 61,381 

228 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ........................... 10,421 10,421 

229 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS 

(MIP).

29,977 29,977 

230 0206629M AMPHIBIOUS ASSAULT VEHICLE ................................................... 6,469 6,469 

231 0207161N TACTICAL AIM MISSILES .................................................................. 5,859 5,859 

232 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 44,323 44,323 

236 0303109N SATELLITE COMMUNICATIONS (SPACE) ...................................... 41,978 41,978 

237 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES 

(CANES).

29,684 29,684 

238 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ......................... 39,094 39,094 

239 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ........ 6,154 6,154 

240 0305204N TACTICAL UNMANNED AERIAL VEHICLES ................................. 7,108 7,108 

241 0305205N UAS INTEGRATION AND INTEROPERABILITY ............................ 62,098 62,098 

242 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 21,500 21,500 

244 0305220N MQ–4C TRITON ..................................................................................... 11,120 11,120 

245 0305231N MQ–8 UAV .............................................................................................. 28,968 28,968 

246 0305232M RQ–11 UAV ............................................................................................. 537 537 

247 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ............................. 8,773 8,773 

248 0305239M RQ–21A ................................................................................................... 10,853 10,853 

249 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT ...................... 60,413 60,413 

250 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ........... 5,000 5,000 

251 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT .. 34,967 44,967 

Cyber tool development .................................................................... [10,000] 

252 0305421N RQ–4 MODERNIZATION ..................................................................... 178,799 178,799 

253 0307577N INTELLIGENCE MISSION DATA (IMD) .......................................... 2,120 2,120 

254 0308601N MODELING AND SIMULATION SUPPORT ..................................... 8,683 8,683 

255 0702207N DEPOT MAINTENANCE (NON-IF) .................................................... 45,168 45,168 

256 0708730N MARITIME TECHNOLOGY (MARITECH) ........................................ 6,697 6,697 

257 1203109N SATELLITE COMMUNICATIONS (SPACE) ...................................... 70,056 70,056 


pbinns on DSKJLVW7X2PROD with BILLS
1118 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

999 9999999999 CLASSIFIED PROGRAMS ................................................................... 1,795,032 1,795,032 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,327,043 5,467,643 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

258 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT 

PROGRAM.

14,300 14,300 

259 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)— 

SOFTWARE PILOT PROGRAM.

10,868 10,868 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

25,168 25,168 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY.

21,427,048 21,036,806 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

1 0601102F DEFENSE RESEARCH SCIENCES .................................................... 315,348 325,348 

Increase in basic research ................................................................ [10,000] 

2 0601103F UNIVERSITY RESEARCH INITIATIVES .......................................... 161,861 161,861 

3 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ........................ 15,085 15,085 

SUBTOTAL BASIC RESEARCH .................................................. 492,294 502,294 

APPLIED RESEARCH 

4 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH ..................... 100,000 100,000 

5 0602102F MATERIALS ........................................................................................... 140,781 160,281 

High-energy synchotron x-ray program ........................................... [5,000] 

Materials maturation for high mach systems .................................. [5,000] 

Metals Affordability Initiative .......................................................... [5,000] 

Qualification of additive manufacturing processes .......................... [2,000] 

Techniques to repair fasteners ......................................................... [2,500] 

6 0602201F AEROSPACE VEHICLE TECHNOLOGIES ....................................... 349,225 359,225 

Hypersonic materials ........................................................................ [10,000] 

7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ........................ 115,222 115,222 

9 0602204F AEROSPACE SENSORS ....................................................................... 211,301 211,301 

11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR 

HEADQUARTERS ACTIVITIES.

8,926 8,926 

12 0602602F CONVENTIONAL MUNITIONS ........................................................... 132,425 132,425 

13 0602605F DIRECTED ENERGY TECHNOLOGY ............................................... 128,113 128,113 

14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ............ 178,668 178,668 

15 0602890F HIGH ENERGY LASER RESEARCH ................................................. 45,088 45,088 

SUBTOTAL APPLIED RESEARCH ............................................ 1,409,749 1,439,249 

ADVANCED TECHNOLOGY DEVELOPMENT 

17 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS .............................. 103,280 103,280 

18 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS .................... 157,619 107,619 

Golden Horde too mature for science and technology prototype ..... [–50,000] 

19 0603033F NEXT GEN PLATFORM DEV/DEMO ................................................ 199,556 208,556 

B–52 pylon fairings .......................................................................... [3,000] 

C–130 finlets .................................................................................... [3,000] 

KC–135 aft body drag ..................................................................... [3,000] 

20 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & C2 TECH ............. 102,276 102,276 

21 0603035F NEXT GEN EFFECTS DEV/DEMOS ................................................. 215,817 215,817 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.778,548 737,548 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

38 0603260F INTELLIGENCE ADVANCED DEVELOPMENT .............................. 4,320 4,320 

39 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................................... 26,396 26,396 

40 0603790F NATO RESEARCH AND DEVELOPMENT ....................................... 3,647 3,647 

41 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ............ 32,959 32,959 

43 0604002F AIR FORCE WEATHER SERVICES RESEARCH ............................. 869 869 

44 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) .............. 302,323 302,323 

45 0604004F ADVANCED ENGINE DEVELOPMENT ............................................ 636,495 686,495 

AETP program acceleration ............................................................ [50,000] 

46 0604015F LONG RANGE STRIKE—BOMBER ................................................... 2,848,410 2,848,410 

47 0604032F DIRECTED ENERGY PROTOTYPING .............................................. 20,964 25,964 

Directed energy counter-Unmanned Aerial Systems (CUAS) ......... [5,000] 

48 0604033F HYPERSONICS PROTOTYPING ......................................................... 381,862 446,862 

HAWC program increase ................................................................. [65,000] 

50 0604257F ADVANCED TECHNOLOGY AND SENSORS ................................... 24,747 24,747 

51 0604288F NATIONAL AIRBORNE OPS CENTER (NAOC) RECAP ................. 76,417 76,417 

52 0604317F TECHNOLOGY TRANSFER ................................................................ 3,011 3,011 

53 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM 

(HDBTDS) PROGRAM.

52,921 52,921 

54 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS ....................... 69,783 69,783 

55 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ................. 25,835 25,835 


pbinns on DSKJLVW7X2PROD with BILLS
1119 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

56 0604858F TECH TRANSITION PROGRAM ......................................................... 219,252 455,252 

Agile software development and operations ..................................... [4,500] 

Initial polar MILSATCOM capability .............................................. [46,000] 

KC–135 vertical wipers .................................................................... [2,000] 

KC–135 winglets .............................................................................. [10,000] 

LCAAT program acceleration .......................................................... [128,000] 

Long-endurance UAS ....................................................................... [33,500] 

Rapid repair of high performance materials .................................... [6,000] 

Small satellite acceleration ............................................................... [6,000] 

57 0605230F GROUND BASED STRATEGIC DETERRENT ................................. 1,524,759 1,524,759 

59 0207110F NEXT GENERATION AIR DOMINANCE .......................................... 1,044,089 1,044,089 

60 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) .......... 19,356 19,356 

61 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) ................................ 8,737 8,737 

62 0208099F UNIFIED PLATFORM (UP) ................................................................ 5,990 5,990 

63 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) ................ 39,293 39,293 

65 0305601F MISSION PARTNER ENVIRONMENTS ............................................ 11,430 11,430 

66 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ............... 259,823 259,823 

67 0306415F ENABLED CYBER ACTIVITIES ........................................................ 10,560 10,560 

68 0401310F C–32 EXECUTIVE TRANSPORT RECAPITALIZATION ................. 9,908 9,908 

69 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM ........... 8,662 8,662 

74 1206427F SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) ................ 8,787 8,787 

77 1206730F SPACE SECURITY AND DEFENSE PROGRAM .............................. 56,311 56,311 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

7,737,916 8,093,916 

SYSTEM DEVELOPMENT & DEMONSTRATION 

82 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS .......... 25,161 25,161 

83 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS ........................ 38,564 38,564 

84 0604222F NUCLEAR WEAPONS SUPPORT ....................................................... 35,033 35,033 

85 0604270F ELECTRONIC WARFARE DEVELOPMENT .................................... 2,098 2,098 

86 0604281F TACTICAL DATA NETWORKS ENTERPRISE ................................. 131,909 131,909 

87 0604287F PHYSICAL SECURITY EQUIPMENT ................................................ 6,752 6,752 

88 0604329F SMALL DIAMETER BOMB (SDB)—EMD ......................................... 17,280 17,280 

89 0604429F AIRBORNE ELECTRONIC ATTACK .................................................. 0 30,000 

STiTCHES integration .................................................................... [30,000] 

90 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ..................................... 23,076 23,076 

91 0604604F SUBMUNITIONS ................................................................................... 3,091 3,091 

92 0604617F AGILE COMBAT SUPPORT ................................................................ 20,609 20,609 

93 0604618F JOINT DIRECT ATTACK MUNITION ............................................... 7,926 7,926 

94 0604706F LIFE SUPPORT SYSTEMS ................................................................. 23,660 23,660 

95 0604735F COMBAT TRAINING RANGES ........................................................... 8,898 8,898 

96 0604800F F–35—EMD ............................................................................................ 5,423 5,423 

97 0604932F LONG RANGE STANDOFF WEAPON ............................................... 474,430 474,430 

98 0604933F ICBM FUZE MODERNIZATION ......................................................... 167,099 167,099 

100 0605056F OPEN ARCHITECTURE MANAGEMENT ......................................... 30,547 30,547 

102 0605223F ADVANCED PILOT TRAINING .......................................................... 248,669 254,669 

SLATE/VR training ......................................................................... [6,000] 

103 0605229F COMBAT RESCUE HELICOPTER ..................................................... 63,169 63,169 

105 0101125F NUCLEAR WEAPONS MODERNIZATION ........................................ 9,683 9,683 

106 0207171F F–15 EPAWSS ........................................................................................ 170,679 170,679

107 0207328F STAND IN ATTACK WEAPON ............................................................ 160,438 160,438 

108 0207701F FULL COMBAT MISSION TRAINING ............................................... 9,422 9,422 

110 0305176F COMBAT SURVIVOR EVADER LOCATOR ....................................... 973 973 

111 0401221F KC–46A TANKER SQUADRONS ......................................................... 106,262 106,262 

113 0401319F VC–25B ................................................................................................... 800,889 800,889 

114 0701212F AUTOMATED TEST SYSTEMS .......................................................... 10,673 10,673 

115 0804772F TRAINING DEVELOPMENTS ............................................................. 4,479 4,479 

116 0901299F AF A1 SYSTEMS ................................................................................... 8,467 8,467 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.2,615,359 2,651,359 

MANAGEMENT SUPPORT 

131 0604256F THREAT SIMULATOR DEVELOPMENT .......................................... 57,725 57,725 

132 0604759F MAJOR T&E INVESTMENT ................................................................ 208,680 223,680 

Gulf Range telemetric modernization .............................................. [15,000] 

133 0605101F RAND PROJECT AIR FORCE ............................................................. 35,803 35,803 

135 0605712F INITIAL OPERATIONAL TEST & EVALUATION ........................... 13,557 13,557 

136 0605807F TEST AND EVALUATION SUPPORT ................................................ 764,606 764,606 

142 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION ......................... 1,362,038 1,362,038 

143 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY ............... 40,768 40,768 

144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS ....................................... 179,646 179,646 

145 0605898F MANAGEMENT HQ—R&D .................................................................. 5,734 5,734 

146 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST 

AND EVALUATION SUPPORT.

70,985 70,985 

147 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.29,880 29,880 

148 0606017F REQUIREMENTS ANALYSIS AND MATURATION ......................... 63,381 63,381 

149 0606398F MANAGEMENT HQ—T&E ................................................................... 5,785 5,785 


pbinns on DSKJLVW7X2PROD with BILLS
1120 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

150 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS 

(C4)—STRATCOM.

24,564 24,564 

151 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ............................... 9,883 2,383 

Acq strat incompatible with AF digital mod strategy ..................... [–7,500] 

152 0702806F ACQUISITION AND MANAGEMENT SUPPORT .............................. 13,384 13,384 

153 0804731F GENERAL SKILL TRAINING ............................................................. 1,262 1,262 

155 1001004F INTERNATIONAL ACTIVITIES ......................................................... 3,599 3,599 

SUBTOTAL MANAGEMENT SUPPORT ................................... 2,891,280 2,898,780 

OPERATIONAL SYSTEMS DEVELOPMENT 

163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING .............. 8,777 8,777 

164 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ................. 499 499 

165 0604840F F–35 C2D2 .............................................................................................. 785,336 785,336 

166 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) .. 27,035 7,035 

Poor agile development strategy ...................................................... [–20,000] 

167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ................. 50,508 50,508 

168 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ....... 71,229 71,229 

169 0605278F HC/MC–130 RECAP RDT&E ................................................................ 24,705 24,705 

170 0606018F NC3 INTEGRATION ............................................................................. 26,356 26,356 

172 0101113F B–52 SQUADRONS ............................................................................... 520,023 520,023 

173 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) .................................... 1,433 1,433 

174 0101126F B–1B SQUADRONS ............................................................................... 15,766 26,566 

USAF-requested transfer from APAF Lines 22, 24 ....................... [10,800] 

175 0101127F B–2 SQUADRONS ................................................................................. 187,399 187,399 

176 0101213F MINUTEMAN SQUADRONS ................................................................ 116,569 116,569 

177 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS ............... 27,235 27,235 

178 0101324F INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK.24,227 24,227 

179 0101328F ICBM REENTRY VEHICLES .............................................................. 112,753 112,753 

181 0102110F UH–1N REPLACEMENT PROGRAM ................................................. 44,464 44,464 

182 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.5,929 5,929 

183 0102412F NORTH WARNING SYSTEM (NWS) .................................................. 100 100 

184 0205219F MQ–9 UAV .............................................................................................. 162,080 162,080 

186 0207131F A–10 SQUADRONS ................................................................................ 24,535 24,535 

187 0207133F F–16 SQUADRONS ................................................................................ 223,437 223,437 

188 0207134F F–15E SQUADRONS ............................................................................. 298,908 298,908 

189 0207136F MANNED DESTRUCTIVE SUPPRESSION ....................................... 14,960 14,960 

190 0207138F F–22A SQUADRONS ............................................................................. 665,038 665,038 

191 0207142F F–35 SQUADRONS ................................................................................ 132,229 132,229 

192 0207146F F–15EX ................................................................................................... 159,761 159,761 

193 0207161F TACTICAL AIM MISSILES .................................................................. 19,417 19,417 

194 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 51,799 51,799 

195 0207227F COMBAT RESCUE—PARARESCUE .................................................. 669 669 

196 0207247F AF TENCAP ........................................................................................... 21,644 21,644 

197 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ......................... 9,261 9,261 

198 0207253F COMPASS CALL .................................................................................... 15,854 15,854 

199 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 95,896 95,896 

200 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ............ 70,792 70,792 

201 0207410F AIR & SPACE OPERATIONS CENTER (AOC) .................................. 51,187 51,187 

202 0207412F CONTROL AND REPORTING CENTER (CRC) ................................ 16,041 16,041 

203 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) .......... 138,303 138,303 

204 0207418F AFSPECWAR—TACP ............................................................................ 4,223 4,223 

206 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES .................. 16,564 16,564 

207 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ............................ 7,858 7,858 

208 0207444F TACTICAL AIR CONTROL PARTY-MOD .......................................... 12,906 12,906 

210 0207452F DCAPES .................................................................................................. 14,816 14,816 

211 0207521F AIR FORCE CALIBRATION PROGRAMS .......................................... 1,970 1,970 

212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS .......................... 396 396 

213 0207590F SEEK EAGLE ........................................................................................ 29,680 29,680 

214 0207601F USAF MODELING AND SIMULATION ............................................. 17,666 17,666 

215 0207605F WARGAMING AND SIMULATION CENTERS .................................. 6,353 6,353 

216 0207610F BATTLEFIELD ABN COMM NODE (BACN) .................................... 6,827 6,827 

217 0207697F DISTRIBUTED TRAINING AND EXERCISES ................................. 3,390 3,390 

218 0208006F MISSION PLANNING SYSTEMS ........................................................ 91,768 91,768 

219 0208007F TACTICAL DECEPTION ...................................................................... 2,370 2,370 

220 0208064F OPERATIONAL HQ—CYBER ............................................................. 5,527 5,527 

221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS ......................... 68,279 68,279 

222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ............................... 15,165 15,165 

223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) ....................... 38,480 38,480 

224 0208099F UNIFIED PLATFORM (UP) ................................................................ 84,645 84,645 

230 0301025F GEOBASE ............................................................................................... 2,767 2,767 

231 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES) ........ 32,759 32,759 

238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR 

BATTLESPACE AWARENESS.

2,904 2,904 

239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ... 3,468 3,468 

240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).61,887 61,887 


pbinns on DSKJLVW7X2PROD with BILLS
1121 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ......................... 10,351 10,351 

243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE ................ 1,346 1,346 

246 0304260F AIRBORNE SIGINT ENTERPRISE .................................................... 128,110 128,110 

247 0304310F COMMERCIAL ECONOMIC ANALYSIS ............................................. 4,042 4,042 

251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY .............. 1,649 1,649 

252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) ............... 19,265 19,265 

253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ........................... 4,645 4,645 

254 0305103F CYBER SECURITY INITIATIVE ........................................................ 384 384 

255 0305111F WEATHER SERVICE ........................................................................... 23,640 23,640 

256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM 

(ATCALS).

6,553 6,553 

257 0305116F AERIAL TARGETS ............................................................................... 449 449 

260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ............................. 432 432 

262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ........ 4,890 4,890 

264 0305179F INTEGRATED BROADCAST SERVICE (IBS) .................................. 8,864 8,864 

265 0305202F DRAGON U–2 ......................................................................................... 18,660 18,660 

267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ..................................... 121,512 121,512 

268 0305207F MANNED RECONNAISSANCE SYSTEMS ........................................ 14,711 14,711 

269 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 14,152 14,152 

270 0305220F RQ–4 UAV ............................................................................................... 134,589 134,589 

271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ................. 15,049 15,049 

272 0305238F NATO AGS .............................................................................................. 36,731 36,731 

273 0305240F SUPPORT TO DCGS ENTERPRISE ................................................... 33,547 33,547 

274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES.13,635 17,315 

PDI: Mission Partner Environment BICES-X Project 675898 ...... [3,680] 

275 0305881F RAPID CYBER ACQUISITION ............................................................ 4,262 4,262 

276 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) ................. 2,207 2,207 

277 0307577F INTELLIGENCE MISSION DATA (IMD) .......................................... 6,277 6,277 

278 0401115F C–130 AIRLIFT SQUADRON ............................................................... 41,973 41,973 

279 0401119F C–5 AIRLIFT SQUADRONS (IF) ........................................................ 32,560 32,560 

280 0401130F C–17 AIRCRAFT (IF) ............................................................................ 9,991 12,991 

C–17 microvanes .............................................................................. [3,000] 

281 0401132F C–130J PROGRAM ................................................................................ 10,674 10,674 

282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) .............. 5,507 5,507 

283 0401218F KC–135S .................................................................................................. 4,591 4,591 

286 0401318F CV–22 ...................................................................................................... 18,419 18,419 

288 0408011F SPECIAL TACTICS / COMBAT CONTROL ....................................... 7,673 7,673 

290 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM ........................ 24,513 24,513 

291 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .................... 35,225 15,225 

Poor agile development strategy ...................................................... [–20,000] 

292 0708611F SUPPORT SYSTEMS DEVELOPMENT ............................................. 11,838 11,838 

293 0804743F OTHER FLIGHT TRAINING ............................................................... 1,332 1,332 

295 0901202F JOINT PERSONNEL RECOVERY AGENCY ..................................... 2,092 2,092 

296 0901218F CIVILIAN COMPENSATION PROGRAM ........................................... 3,869 3,869 

297 0901220F PERSONNEL ADMINISTRATION ...................................................... 1,584 1,584 

298 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ........................... 1,197 1,197 

299 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.7,006 7,006 

300 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT SYS (DEAMS) ..... 45,638 45,638 

301 1201017F GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ............ 1,889 1,889 

302 1201921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES ......... 993 993 

303 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES ......................... 8,999 8,999 

314 1203400F SPACE SUPERIORITY INTELLIGENCE .......................................... 16,810 16,810 

316 1203620F NATIONAL SPACE DEFENSE CENTER .......................................... 2,687 2,687 

318 1203906F NCMC—TW/AA SYSTEM ..................................................................... 6,990 6,990 

999 9999999999 CLASSIFIED PROGRAMS ................................................................... 15,777,856 15,839,856 

Air-to-air weapons development increase ......................................... [62,000] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,466,680 21,506,160 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 37,391,826 37,829,306 

RDTE, SPACE FORCE 

APPLIED RESEARCH 

1 1206601SF SPACE TECHNOLOGY ......................................................................... 130,874 133,874 

Small satellite mission operations facility ........................................ [3,000] 

SUBTOTAL APPLIED RESEARCH ............................................ 130,874 133,874 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

2 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE).390,704 370,704 

MGUE program slip ........................................................................ [–20,000] 

3 1203710SF EO/IR WEATHER SYSTEMS ............................................................... 131,000 131,000 

4 1206422SF WEATHER SYSTEM FOLLOW-ON .................................................... 83,384 83,384 

5 1206425SF SPACE SITUATION AWARENESS SYSTEMS .................................. 33,359 33,359 

6 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) ................ 142,808 142,808 

7 1206438SF SPACE CONTROL TECHNOLOGY ..................................................... 35,575 35,575 


pbinns on DSKJLVW7X2PROD with BILLS
1122 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

8 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) ........... 114,390 114,390 

9 1206761SF PROTECTED TACTICAL SERVICE (PTS) ........................................ 205,178 205,178 

10 1206855SF EVOLVED STRATEGIC SATCOM (ESS) ........................................... 71,395 71,395 

11 1206857SF SPACE RAPID CAPABILITIES OFFICE ........................................... 103,518 103,518 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

1,311,311 1,291,311 

SYSTEM DEVELOPMENT & DEMONSTRATION 

12 1203269SF GPS III FOLLOW-ON (GPS IIIF) ....................................................... 263,496 263,496 

13 1203940SF SPACE SITUATION AWARENESS OPERATIONS ........................... 41,897 41,897 

14 1206421SF COUNTERSPACE SYSTEMS ............................................................... 54,689 54,689 

15 1206422SFZ WEATHER SYSTEM FOLLOW-ON .................................................... 2,526 2,526 

16 1206425SFZ SPACE SITUATION AWARENESS SYSTEMS .................................. 173,074 173,074 

17 1206431SF ADVANCED EHF MILSATCOM (SPACE) ......................................... 138,257 138,257 

18 1206432SF POLAR MILSATCOM (SPACE) ........................................................... 190,235 190,235 

19 1206442SF NEXT GENERATION OPIR ................................................................. 2,318,864 2,318,864 

20 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)— 

EMD.

560,978 590,978 

NSSL Phase 3 integration activities program ................................. [30,000] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,744,016 3,774,016 

MANAGEMENT SUPPORT 

21 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT ............. 20,281 20,281 

22 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS ....................... 183,930 183,930 

23 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA ............................... 9,765 9,765 

24 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ........................ 17,993 17,993 

25 1206864SF SPACE TEST PROGRAM (STP) .......................................................... 26,541 26,541 

SUBTOTAL MANAGEMENT SUPPORT ................................... 258,510 258,510 

OPERATIONAL SYSTEM DEVELOPMENT 

26 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ............ 3,708 3,708 

27 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) .................. 247,229 247,229 

28 1203110SF SATELLITE CONTROL NETWORK (SPACE) .................................. 75,480 75,480 

29 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS).1,984 1,984 

30 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER ......... 4,397 4,397 

31 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT.44,746 44,746 

32 1203182SF SPACELIFT RANGE SYSTEM (SPACE) ........................................... 11,020 11,020 

33 1203265SF GPS III SPACE SEGMENT .................................................................. 10,777 10,777 

34 1203873SF BALLISTIC MISSILE DEFENSE RADARS ...................................... 28,179 46,679 

Cobra Dane service life extension .................................................... [18,500] 

35 1203913SF NUDET DETECTION SYSTEM (SPACE) .......................................... 29,157 29,157 

36 1203940SFZ SPACE SITUATION AWARENESS OPERATIONS ........................... 44,809 51,809 

Commercial SSA .............................................................................. [7,000] 

37 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.481,999 416,999 

Funds available prioritized to other space missions ........................ [–65,000] 

41 1206770SF ENTERPRISE GROUND SERVICES .................................................. 116,791 116,791 

999 9999999999 CLASSIFIED PROGRAMS ................................................................... 3,632,866 3,632,866 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT ... 4,733,142 4,693,642 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

42 1203614SF JSPOC MISSION SYSTEM ................................................................... 149,742 149,742 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

149,742 149,742 

TOTAL RDTE, SPACE FORCE .................................................... 10,327,595 10,301,095 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

1 0601000BR DTRA BASIC RESEARCH ................................................................... 14,617 14,617 

2 0601101E DEFENSE RESEARCH SCIENCES .................................................... 479,958 479,958 

3 0601110D8Z BASIC RESEARCH INITIATIVES ...................................................... 35,565 72,565 

DEPSCoR ........................................................................................ [20,000] 

Minerva Research initiative restore DWR cut ................................. [17,000] 

4 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ............. 53,730 58,730 

Traumatic brain injury medical research ......................................... [5,000] 

5 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ............................ 100,241 100,241 

6 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.30,975 37,975 

Aerospace education, research, and innovation activities ................ [2,000] 

HBCU/Minority Institutions ............................................................ [5,000] 

7 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .................. 45,300 45,300 

SUBTOTAL BASIC RESEARCH .................................................. 760,386 809,386 


pbinns on DSKJLVW7X2PROD with BILLS
1123 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

APPLIED RESEARCH 

8 0602000D8Z JOINT MUNITIONS TECHNOLOGY .................................................. 19,409 19,409 

9 0602115E BIOMEDICAL TECHNOLOGY ............................................................ 107,568 107,568 

11 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ........................................ 35,000 35,000 

12 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM .......................... 41,080 41,080 

13 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES.60,722 60,722 

14 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ................. 435,920 435,920 

15 0602383E BIOLOGICAL WARFARE DEFENSE ................................................. 26,950 26,950 

16 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .................. 201,807 201,807 

17 0602668D8Z CYBER SECURITY RESEARCH ......................................................... 15,255 15,255 

18 0602702E TACTICAL TECHNOLOGY .................................................................. 233,271 233,271 

19 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ............................ 250,107 290,107 

Increase in emerging biotech research ............................................. [40,000] 

20 0602716E ELECTRONICS TECHNOLOGY .......................................................... 322,693 322,693 

21 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH.174,571 174,571 

22 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.9,573 9,573 

23 1160401BB SOF TECHNOLOGY DEVELOPMENT .............................................. 42,464 42,464 

SUBTOTAL APPLIED RESEARCH ............................................ 1,976,390 2,016,390 

ADVANCED TECHNOLOGY DEVELOPMENT 

24 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ........................... 22,920 22,920 

25 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ............................................... 4,914 4,914 

26 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT .................. 51,089 51,089 

27 0603133D8Z FOREIGN COMPARATIVE TESTING ................................................ 25,183 25,183 

29 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED 

TECHNOLOGY DEVELOPMENT.

366,659 366,659 

30 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT ... 14,910 14,910 

32 0603180C ADVANCED RESEARCH ..................................................................... 18,687 18,687 

33 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 18,873 18,873 

34 0603286E ADVANCED AEROSPACE SYSTEMS ................................................ 230,978 210,978 

OpFires lack of transition pathway ................................................. [–20,000] 

35 0603287E SPACE PROGRAMS AND TECHNOLOGY ......................................... 158,439 158,439 

36 0603288D8Z ANALYTIC ASSESSMENTS ................................................................ 23,775 23,775 

37 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS .............. 36,524 36,524 

38 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA .. 14,703 14,703 

39 0603294C COMMON KILL VEHICLE TECHNOLOGY ...................................... 11,058 11,058 

40 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING ..................... 133,375 126,375 

Lack of hypersonic prototype coordination efforts .......................... [–20,000] 

Stratospheric balloon research ......................................................... [13,000] 

42 0603342D8Z DEFENSE INNOVATION UNIT (DIU) .............................................. 26,141 26,141 

43 0603375D8Z TECHNOLOGY INNOVATION ............................................................ 27,709 27,709 

44 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.188,001 188,001 

45 0603527D8Z RETRACT LARCH ................................................................................ 130,283 130,283 

46 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ........................ 15,164 15,164 

47 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ........... 85,452 85,452 

48 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ...................... 5,882 5,882 

49 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.93,817 98,817 

Rapid prototyping using digital manufacturing ............................... [5,000] 

50 0603680S MANUFACTURING TECHNOLOGY PROGRAM ............................... 40,025 55,025 

Defense supply chain technologies ................................................... [5,000] 

Steel performance initiative ............................................................. [10,000] 

52 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 10,235 10,235 

53 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ............. 53,862 53,862 

54 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND 

SUPPORT.

124,049 124,049 

55 0603727D8Z JOINT WARFIGHTING PROGRAM .................................................... 3,871 3,871 

56 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ............................... 95,864 95,864 

57 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ....... 221,724 221,724 

58 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .......................... 661,158 651,158 

Lack of coordination ........................................................................ [–10,000] 

59 0603767E SENSOR TECHNOLOGY ...................................................................... 200,220 200,220 

60 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.6,765 6,765 

61 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ........................................ 12,598 12,598 

64 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 105,410 105,410 

65 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ....................... 187,065 187,065 

67 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ............. 0 65,000 

Restoration of funds ......................................................................... [65,000] 

70 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ........................ 89,072 89,072 

71 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.72,422 72,422 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.3,588,876 3,636,876 


pbinns on DSKJLVW7X2PROD with BILLS
1124 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

72 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E ADC&P.

32,636 32,636 

73 0603600D8Z WALKOFF .............................................................................................. 106,529 106,529 

75 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION 

PROGRAM.

61,345 76,345 

Joint Storage Program .................................................................... [15,000] 

76 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.412,627 412,627 

77 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.1,004,305 1,004,305 

78 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/ 

VAL.

76,167 76,167 

79 0603884C BALLISTIC MISSILE DEFENSE SENSORS .................................... 281,957 281,957 

80 0603890C BMD ENABLING PROGRAMS ............................................................ 599,380 599,380 

81 0603891C SPECIAL PROGRAMS—MDA .............................................................. 420,216 420,216 

82 0603892C AEGIS BMD ........................................................................................... 814,936 814,936

83 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, 

BATTLE MANAGEMENT AND COMMUNICATI.

593,353 593,353 

84 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT.49,560 49,560 

85 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER 

(MDIOC).

55,356 55,356 

86 0603906C REGARDING TRENCH ........................................................................ 11,863 11,863 

87 0603907C SEA BASED X-BAND RADAR (SBX) ................................................. 118,318 118,318 

88 0603913C ISRAELI COOPERATIVE PROGRAMS .............................................. 300,000 300,000 

89 0603914C BALLISTIC MISSILE DEFENSE TEST ............................................ 378,302 378,302 

90 0603915C BALLISTIC MISSILE DEFENSE TARGETS .................................... 536,133 536,133 

92 0603923D8Z COALITION WARFARE ....................................................................... 10,129 10,129 

93 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS 

TECHNOLOGY (5G).

449,000 449,000 

94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ............... 3,325 3,325 

95 0604115C TECHNOLOGY MATURATION INITIATIVES .................................. 67,389 67,389 

98 0604181C HYPERSONIC DEFENSE .................................................................... 206,832 206,832 

99 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES .................................. 730,508 630,508 

Program decrease ............................................................................. [–100,000] 

100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS .............................. 489,076 489,076 

101 0604331D8Z RAPID PROTOTYPING PROGRAM .................................................... 102,023 82,023 

Lack of hypersonic prototype coordination efforts .......................... [–20,000] 

102 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING ................. 13,255 13,255 

103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM 

COMMON DEVELOPMENT.

2,787 2,787 

105 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) ..................... 0 162,000 

Continue radar development ............................................................ [162,000] 

107 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS 

(SSA).

3,469 3,469 

109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND 

INTEROPERABILITY ASSESSMENTS.

19,190 19,190 

110 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ........................ 137,256 137,256 

111 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ................. 664,138 354,138 

Contract award delay ....................................................................... [–310,000] 

112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.7,768 7,768 

113 0604878C AEGIS BMD TEST ................................................................................ 170,880 170,880 

114 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST ........................... 76,456 76,456 

115 0604880C LAND-BASED SM–3 (LBSM3) ............................................................ 56,628 133,428 

PDI: Guam Defense System—systems engineering ........................ [76,800] 

116 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 67,071 67,071 

118 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS ............ 2,198 2,198 

119 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM 997 997 

120 0305103C CYBER SECURITY INITIATIVE ........................................................ 1,148 1,148 

121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING ... 215,994 325,994 

Execution of HBTSS by MDA ........................................................ [–20,000] 

Space-based target custody layer ..................................................... [130,000] 

122 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM ........................... 34,144 34,144 

123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS .. 32,068 152,068 

Hypersonic and Ballistic Tracking Space Sensor (HBTSS) ........... [120,000] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

9,416,712 9,470,512 

SYSTEM DEVELOPMENT & DEMONSTRATION 

124 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E SDD.

7,173 7,173 

126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ..... 319,976 322,976 

Stryker NBCRV sensor suite upgrade ............................................. [3,000] 

127 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM 

(JTIDS).

54,985 54,985 


pbinns on DSKJLVW7X2PROD with BILLS
1125 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

128 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT.15,650 15,650 

129 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT .......................... 1,441 1,441 

130 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...................... 7,287 7,287 

131 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ......................................... 12,928 12,928 

132 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ................................... 10,259 10,259 

133 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION.1,377 1,377 

134 0605075D8Z CMO POLICY AND INTEGRATION ................................................... 1,648 1,648 

135 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 20,537 20,537 

136 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) 1,638 1,638 

137 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM 

(MARMS).

5,500 5,500 

138 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES.8,279 8,279 

139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS .............................. 107,585 107,585 

140 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS ........... 3,685 3,685 

143 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT 

(EEIM).

3,275 3,275 

144 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION.20,585 20,585 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.603,808 606,808 

MANAGEMENT SUPPORT 

145 0603829J JOINT CAPABILITY EXPERIMENTATION ..................................... 11,239 11,239 

146 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ............... 9,793 9,793 

147 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ................... 8,497 8,497 

148 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).422,451 452,451 

Joint Counter-UAS Office assessment infrastructure ..................... [15,000] 

Telemetry range extension wave glider relay ................................... [15,000] 

149 0604942D8Z ASSESSMENTS AND EVALUATIONS ............................................... 18,379 18,379 

150 0605001E MISSION SUPPORT .............................................................................. 74,334 74,334 

151 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 79,046 79,046 

153 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).50,255 50,255 

155 0605142D8Z SYSTEMS ENGINEERING .................................................................. 49,376 49,376 

156 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ................................... 5,777 7,777 

National Academies of Science study on comparison of talent programs.[2,000] 

157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ................................. 16,552 16,552 

158 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 9,582 9,582 

159 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .......................... 1,940 1,940 

160 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM .................. 122,951 122,951 

167 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL 

BUSINESS TECHNOLOGY TRANSFER.

3,582 3,582 

168 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE ................................. 29,566 29,566 

169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS .............................................. 29,059 29,059 

170 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ........... 59,369 9,369 

Insufficient progress on data sharing and open repositories ........... [–50,000] 

171 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND 

EVALUATION.

29,420 29,420 

172 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................................... 27,198 27,198 

173 0605898E MANAGEMENT HQ—R&D .................................................................. 13,434 13,434 

174 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION 

CENTER (DTIC).

2,837 2,837 

175 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ...................................... 13,173 13,173 

176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS ...................... 3,200 3,200 

177 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT.999 999 

180 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ........... 3,099 3,099 

181 0204571J JOINT STAFF ANALYTICAL SUPPORT .......................................... 3,058 3,058 

182 0208045K C4I INTEROPERABILITY ................................................................... 59,813 59,813 

185 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM ......................... 1,112 1,112 

186 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES.545 545 

187 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE 

(DMDPO).

1,036 1,036 

188 0305172K COMBINED ADVANCED APPLICATIONS ........................................ 30,824 30,824 

190 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 3,048 3,048 

194 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA.31,125 31,125 

195 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE 

(DEOMI).

100 100 

196 0901598C MANAGEMENT HQ—MDA .................................................................. 26,902 26,902 

197 0903235K JOINT SERVICE PROVIDER (JSP) ................................................... 3,138 3,138 

999 9999999999 CLASSIFIED PROGRAMS ................................................................... 41,583 41,583 


pbinns on DSKJLVW7X2PROD with BILLS
1126 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

SUBTOTAL MANAGEMENT SUPPORT ................................... 1,297,392 1,279,392 

OPERATIONAL SYSTEMS DEVELOPMENT 

199 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ....................................... 14,378 14,378 

200 0604532K JOINT ARTIFICIAL INTELLIGENCE ............................................... 132,058 132,058 

201 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA.1,986 1,986 

202 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS).316 316 

203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 9,151 70,151 

Advanced machine tool research ...................................................... [20,000] 

Cold spray manufacturing technologies ........................................... [5,000] 

Domestic organic LED manufacturing ............................................ [5,000] 

Implementation of radar supplier resiliency plan ............................ [5,000] 

Manufacturing for reuse of NdFeB magnets .................................. [6,000] 

Submarine industrial base workforce training pipeline ................... [20,000] 

204 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT .. 19,082 19,082 

205 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT 

INFORMATION SYSTEMS (G-TSCMIS).

3,992 3,992 

206 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL 

SYSTEMS DEVELOPMENT).

39,530 39,530 

207 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ........................ 3,039 3,039 

212 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.16,324 16,324 

213 0303126K LONG-HAUL COMMUNICATIONS—DCS .......................................... 11,884 11,884 

214 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).5,560 5,560 

215 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ........................... 73,356 73,356 

216 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ......................... 46,577 66,577 

Workforce transformation cyber initiative pilot program ................ [20,000] 

217 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ......................... 356,713 356,713 

218 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ......................... 8,922 18,922 

Execution of orchestration pilot ....................................................... [10,000] 

219 0303150K GLOBAL COMMAND AND CONTROL SYSTEM .............................. 3,695 3,695 

220 0303153K DEFENSE SPECTRUM ORGANIZATION ......................................... 20,113 20,113 

223 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) .............................. 9,728 9,242 

JRSS SIPR funding ........................................................................ [–486] 

231 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES ............................. 5,700 5,700 

235 0305186D8Z POLICY R&D PROGRAMS ................................................................... 7,144 7,144 

236 0305199D8Z NET CENTRICITY ................................................................................ 21,793 21,793 

238 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............ 6,066 6,066 

245 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 2,190 2,190 

252 0708012K LOGISTICS SUPPORT ACTIVITIES .................................................. 1,654 1,654 

253 0708012S PACIFIC DISASTER CENTERS ......................................................... 1,785 1,785 

254 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM .................... 7,301 7,301 

256 1105219BB MQ–9 UAV .............................................................................................. 21,265 21,265 

258 1160403BB AVIATION SYSTEMS ........................................................................... 230,812 230,812 

259 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ................................. 19,558 19,558 

260 1160408BB OPERATIONAL ENHANCEMENTS ................................................... 136,041 136,041 

261 1160431BB WARRIOR SYSTEMS ............................................................................ 59,511 58,311 

MMP-Light unexecutable, transfer to man-pack ............................. [–1,200] 

262 1160432BB SPECIAL PROGRAMS .......................................................................... 10,500 10,500 

263 1160434BB UNMANNED ISR ................................................................................... 19,154 19,154 

264 1160480BB SOF TACTICAL VEHICLES ................................................................ 9,263 9,263 

265 1160483BB MARITIME SYSTEMS .......................................................................... 59,882 59,882 

266 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ............................. 4,606 4,606 

267 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE .................... 11,612 11,612 

268 1203610K TELEPORT PROGRAM ........................................................................ 3,239 3,239 

999 9999999999 CLASSIFIED PROGRAMS ................................................................... 4,746,466 4,746,466 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,161,946 6,251,260 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

269 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES— 

SOFTWARE PILOT PROGRAM.

121,676 121,676 

270 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM ....... 16,848 16,848 

271 0303150K GLOBAL COMMAND AND CONTROL SYSTEM .............................. 86,750 86,750 

272 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS— 

SOFTWARE PILOT PROGRAM.

250,107 250,107 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

475,381 475,381 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW.

24,280,891 24,546,005 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

1 0605118OTE OPERATIONAL TEST AND EVALUATION ...................................... 100,021 100,021 


pbinns on DSKJLVW7X2PROD with BILLS
1127 

•S 4049 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

2 0605131OTE LIVE FIRE TEST AND EVALUATION .............................................. 70,933 70,933 

3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .................... 39,136 66,136 

Advanced satellite navigation receiver ............................................. [5,000] 

Joint Test and Evaluation DWR funding restoration ..................... [22,000] 

SUBTOTAL MANAGEMENT SUPPORT ................................... 210,090 237,090 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE ............. 210,090 237,090 

TOTAL RDT&E .................................................................................. 106,224,793 106,660,645 

1 SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION FOR OVERSEAS CONTINGENCY OPER3 ATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

APPLIED RESEARCH 

16 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY ........ 2,000 2,000 

SUBTOTAL APPLIED RESEARCH ......................................... 2,000 2,000 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

80 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ......... 500 500 

114 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) .......... 2,020 2,020 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.2,520 2,520 

SYSTEM DEVELOPMENT & DEMONSTRATION 

131 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.27,000 27,000 

159 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) .............. 2,300 2,300 

166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............................ 64,625 64,625 

183 0304270A ELECTRONIC WARFARE DEVELOPMENT .................................. 3,900 3,900 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.97,825 97,825 

MANAGEMENT SUPPORT 

198 0605709A EXPLOITATION OF FOREIGN ITEMS .......................................... 1,000 1,000 

209 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION ...... 4,137 4,137 

SUBTOTAL MANAGEMENT SUPPORT ................................ 5,137 5,137 

OPERATIONAL SYSTEMS DEVELOPMENT 

239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS ....... 2,300 2,300 

248 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ........................... 23,367 23,367 

257 0305204A TACTICAL UNMANNED AERIAL VEHICLES .............................. 34,100 34,100 

258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ................................... 15,575 15,575 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.75,342 75,342 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY.

182,824 182,824 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

39 0603527N RETRACT LARCH .............................................................................. 36,500 36,500 

58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ... 14,461 14,461 

63 0603734N CHALK CORAL ................................................................................... 3,000 3,000 

71 0603795N LAND ATTACK TECHNOLOGY ....................................................... 1,457 1,457 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.55,418 55,418 

SYSTEM DEVELOPMENT & DEMONSTRATION 

142 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) .......................... 1,144 1,144 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.1,144 1,144 


pbinns on DSKJLVW7X2PROD with BILLS
1128 

•S 4049 RS

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2021 Request 

Senate 

Authorized 

OPERATIONAL SYSTEMS DEVELOPMENT 

229 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS 

(MIP).

3,000 3,000 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.3,000 3,000 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY.

59,562 59,562 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

65 0305601F MISSION PARTNER ENVIRONMENTS .......................................... 6,500 

EDI: Mission Partner Environment (MPE) ................................. [6,500 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.6,500 

OPERATIONAL SYSTEMS DEVELOPMENT 

185 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE .................. 4,080 4,080 

228 0208288F INTEL DATA APPLICATIONS ......................................................... 1,224 1,224 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.5,304 5,304 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

AF.

5,304 11,804 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

APPLIED RESEARCH 

10 0602134BR COUNTER IMPROVISED-THREAT ADVANCED STUDIES ........ 3,699 3,699 

SUBTOTAL APPLIED RESEARCH ......................................... 3,699 3,699 

ADVANCED TECHNOLOGY DEVELOPMENT 

26 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ................ 19,288 19,288 

28 0603134BR COUNTER IMPROVISED-THREAT SIMULATION ....................... 3,861 3,861 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.23,149 23,149 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

97 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING.19,931 19,931 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.19,931 19,931 

9999999999 CLASSIFIED PROGRAMS ................................................................. 24,057 24,057 

OPERATIONAL SYSTEMS DEVELOPMENT 

260 1160408BB OPERATIONAL ENHANCEMENTS ................................................. 1,186 1,186 

261 1160431BB WARRIOR SYSTEMS ......................................................................... 5,796 5,796 

263 1160434BB UNMANNED ISR ................................................................................ 5,000 5,000 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.36,039 36,039 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW.

82,818 82,818 

TOTAL RDT&E ............................................................................... 330,508 337,008 

1 TITLE XLIII—OPERATION AND 

2 MAINTENANCE 

3 SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

020 MODULAR SUPPORT BRIGADES .............................................. 159,834 159,834 

030 ECHELONS ABOVE BRIGADE ................................................... 663,751 663,751 


pbinns on DSKJLVW7X2PROD with BILLS
1129 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

040 THEATER LEVEL ASSETS ......................................................... 956,477 956,477 

050 LAND FORCES OPERATIONS SUPPORT ................................. 1,157,635 1,167,935 

Joint Counter-UAS IOC acceleration ....................................... [10,300 ] 

060 AVIATION ASSETS ........................................................................ 1,453,024 1,453,024 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 4,713,660 4,713,660 

080 LAND FORCES SYSTEMS READINESS .................................... 404,161 404,161 

090 LAND FORCES DEPOT MAINTENANCE .................................. 1,413,359 1,413,359 

100 BASE OPERATIONS SUPPORT .................................................. 8,220,093 8,346,093 

Child Development Center playground equipment and furniture increases ..................................................................... [79,000 ] 

Child Youth Service improvements ........................................... [47,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 3,581,071 3,815,531 

FSRM increase .......................................................................... [62,360 ] 

MDTF EUCOM and INDOPACOM FSRM ............................ [126,800 ] 

Revitalization of Army deployment infrastructure .................... [45,300 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 411,844 411,844 

160 US AFRICA COMMAND ................................................................ 239,387 341,887 

AFRICOM force protection upgrades ....................................... [2,500 ] 

AFRICOM ISR improvements .................................................. [64,000 ] 

AFRICOM UFR CASEVAC improvements ............................. [36,000 ] 

170 US EUROPEAN COMMAND ......................................................... 160,761 160,761 

180 US SOUTHERN COMMAND ......................................................... 197,826 197,826 

190 US FORCES KOREA ...................................................................... 65,152 65,152 

200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 430,109 435,109 

Additional access and operations support ................................. [5,000 ] 

210 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 464,117 464,117 

SUBTOTAL OPERATING FORCES .................................... 24,692,261 25,170,521 

MOBILIZATION 

220 STRATEGIC MOBILITY ................................................................ 402,236 402,236 

230 ARMY PREPOSITIONED STOCKS .............................................. 324,306 324,306 

240 INDUSTRIAL PREPAREDNESS ................................................. 3,653 3,653 

SUBTOTAL MOBILIZATION ................................................. 730,195 730,195 

TRAINING AND RECRUITING 

250 OFFICER ACQUISITION .............................................................. 165,142 165,142 

260 RECRUIT TRAINING .................................................................... 76,509 76,509 

270 ONE STATION UNIT TRAINING ................................................ 88,523 88,523 

280 SENIOR RESERVE OFFICERS TRAINING CORPS ................. 535,578 535,578 

290 SPECIALIZED SKILL TRAINING ............................................... 981,436 981,436 

300 FLIGHT TRAINING ....................................................................... 1,204,768 1,204,768 

310 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 215,195 215,195 

320 TRAINING SUPPORT .................................................................... 575,232 575,232 

330 RECRUITING AND ADVERTISING ............................................ 722,612 722,612 

340 EXAMINING ................................................................................... 185,522 185,522 

350 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 221,503 221,503 

360 CIVILIAN EDUCATION AND TRAINING .................................. 154,651 154,651 

370 JUNIOR RESERVE OFFICER TRAINING CORPS ................... 173,286 173,286 

SUBTOTAL TRAINING AND RECRUITING ................... 5,299,957 5,299,957 

ADMIN & SRVWIDE ACTIVITIES 

390 SERVICEWIDE TRANSPORTATION .......................................... 491,926 466,926 

Historical underexecution ......................................................... [–25,000 ] 

400 CENTRAL SUPPLY ACTIVITIES ................................................ 812,613 812,613 

410 LOGISTIC SUPPORT ACTIVITIES ............................................. 676,178 676,178 

420 AMMUNITION MANAGEMENT ................................................... 437,774 437,774 

430 ADMINISTRATION ........................................................................ 438,048 438,048 

440 SERVICEWIDE COMMUNICATIONS .......................................... 1,638,872 1,638,872 

450 MANPOWER MANAGEMENT ...................................................... 300,046 300,046 

460 OTHER PERSONNEL SUPPORT ................................................ 701,103 700,103 

Historical underexecution ......................................................... [–4,000 ] 

Servicewomen’s commemorative partnerships ........................... [3,000 ] 

470 OTHER SERVICE SUPPORT ....................................................... 1,887,133 1,887,133 

480 ARMY CLAIMS ACTIVITIES ........................................................ 195,291 195,291 

490 REAL ESTATE MANAGEMENT .................................................. 229,537 229,537 

500 FINANCIAL MANAGEMENT AND AUDIT READINESS ......... 306,370 306,370 

510 INTERNATIONAL MILITARY HEADQUARTERS .................... 373,030 373,030 

520 MISC. SUPPORT OF OTHER NATIONS .................................... 32,719 32,719 

9999 CLASSIFIED PROGRAMS ............................................................ 1,069,915 1,069,915 


pbinns on DSKJLVW7X2PROD with BILLS
1130 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 9,590,555 9,564,555 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –458,901 

COVID-related ops/training slowdown ...................................... [–185,801 ] 

Excessive standard price for fuel .............................................. [–135,400 ] 

Foreign currency adjustments .................................................. [–137,700 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –458,901 

TOTAL OPERATION & MAINTENANCE, ARMY ........... 40,312,968 40,306,327 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES .............................................. 10,784 10,784 

020 ECHELONS ABOVE BRIGADE ................................................... 530,425 530,425 

030 THEATER LEVEL ASSETS ......................................................... 123,737 123,737 

040 LAND FORCES OPERATIONS SUPPORT ................................. 589,582 589,582 

050 AVIATION ASSETS ........................................................................ 89,332 89,332 

060 FORCE READINESS OPERATIONS SUPPORT ........................ 387,545 387,545 

070 LAND FORCES SYSTEMS READINESS .................................... 97,569 97,569 

080 LAND FORCES DEPOT MAINTENANCE .................................. 43,148 43,148 

090 BASE OPERATIONS SUPPORT .................................................. 587,098 587,098 

100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 327,180 332,440 

FSRM increase .......................................................................... [5,260 ] 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 28,783 28,783 

120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 2,745 2,745 

130 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 7,438 7,438 

SUBTOTAL OPERATING FORCES .................................... 2,825,366 2,830,626 

ADMIN & SRVWD ACTIVITIES 

140 SERVICEWIDE TRANSPORTATION .......................................... 15,530 15,530 

150 ADMINISTRATION ........................................................................ 17,761 17,761 

160 SERVICEWIDE COMMUNICATIONS .......................................... 14,256 14,256 

170 MANPOWER MANAGEMENT ...................................................... 6,564 6,564 

180 RECRUITING AND ADVERTISING ............................................ 55,240 55,240 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 109,351 109,351 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –16,699 

COVID-related ops/training slowdown ...................................... [–11,999 ] 

Excessive standard price for fuel .............................................. [–4,700 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –16,699 

TOTAL OPERATION & MAINTENANCE, ARMY RES 2,934,717 2,923,278 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................................... 769,449 769,449 

020 MODULAR SUPPORT BRIGADES .............................................. 204,604 204,604 

030 ECHELONS ABOVE BRIGADE ................................................... 812,072 812,072 

040 THEATER LEVEL ASSETS ......................................................... 103,650 103,650 

050 LAND FORCES OPERATIONS SUPPORT ................................. 32,485 32,485 

060 AVIATION ASSETS ........................................................................ 1,011,142 1,011,142 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 712,881 712,881 

080 LAND FORCES SYSTEMS READINESS .................................... 47,732 47,732 

090 LAND FORCES DEPOT MAINTENANCE .................................. 265,408 265,408 

100 BASE OPERATIONS SUPPORT .................................................. 1,106,704 1,106,704 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 876,032 887,252 

FSRM increase .......................................................................... [11,220 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 1,050,257 1,050,257 

130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 7,998 10,998 

Pilot program for National Guard cybersecurity ...................... [3,000 ] 

140 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 7,756 7,756 

SUBTOTAL OPERATING FORCES .................................... 7,008,170 7,022,390 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION .......................................... 8,018 8,018 

160 ADMINISTRATION ........................................................................ 74,309 74,309 


pbinns on DSKJLVW7X2PROD with BILLS
1131 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

170 SERVICEWIDE COMMUNICATIONS .......................................... 66,140 66,140 

180 MANPOWER MANAGEMENT ...................................................... 9,087 9,087 

190 OTHER PERSONNEL SUPPORT ................................................ 251,714 251,714 

200 REAL ESTATE MANAGEMENT .................................................. 2,576 2,576 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 411,844 411,844 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –74,172 

COVID-related ops/training slowdown ...................................... [–36,372 ] 

Excessive standard price for fuel .............................................. [–37,800 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –74,172 

TOTAL OPERATION & MAINTENANCE, ARNG ........... 7,420,014 7,360,062 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ....................... 5,738,746 5,738,746 

020 FLEET AIR TRAINING ................................................................. 2,213,673 2,213,673 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 57,144 57,144 

040 AIR OPERATIONS AND SAFETY SUPPORT ............................ 171,949 171,949 

050 AIR SYSTEMS SUPPORT ............................................................. 838,767 838,767 

060 AIRCRAFT DEPOT MAINTENANCE .......................................... 1,459,447 1,459,447 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................... 57,789 57,789 

080 AVIATION LOGISTICS .................................................................. 1,264,665 1,264,665 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................... 1,117,067 1,117,067 

110 SHIP DEPOT MAINTENANCE .................................................... 7,859,104 7,859,104 

120 SHIP DEPOT OPERATIONS SUPPORT ..................................... 2,262,196 2,262,196 

130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE ............................................................................................ 1,521,360 1,521,360 

140 SPACE SYSTEMS AND SURVEILLANCE .................................. 274,087 274,087 

150 WARFARE TACTICS ..................................................................... 741,609 741,609 

160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ..... 401,382 401,382 

170 COMBAT SUPPORT FORCES ...................................................... 1,546,273 1,546,273 

180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS 

SUPPORT .................................................................................... 177,951 177,951 

190 COMBATANT COMMANDERS CORE OPERATIONS ............... 61,484 66,484 

PDI: Asia-Pacific Regional Initiative ........................................ [5,000 ] 

200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 102,330 110,630 

PDI: Joint Task Force Indo-Pacific (SOCPAC) ...................... [6,300 ] 

PDI: Singapore CTIF fusion center ......................................... [2,000 ] 

210 MILITARY INFORMATION SUPPORT OPERATIONS ............. 8,810 26,510 

PDI: Countering Chinese malign influence in Indo-Pacific ...... [17,700 ] 

220 CYBERSPACE ACTIVITIES ......................................................... 567,496 567,496 

230 FLEET BALLISTIC MISSILE ...................................................... 1,428,102 1,428,102 

240 WEAPONS MAINTENANCE ......................................................... 995,762 995,762 

250 OTHER WEAPON SYSTEMS SUPPORT .................................... 524,008 524,008 

260 ENTERPRISE INFORMATION .................................................... 1,229,056 1,229,056 

270 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 3,453,099 3,453,099 

280 BASE OPERATING SUPPORT ..................................................... 4,627,966 4,627,966 

SUBTOTAL OPERATING FORCES .................................... 40,701,322 40,732,322 

MOBILIZATION 

290 SHIP PREPOSITIONING AND SURGE ...................................... 849,993 849,993 

300 READY RESERVE FORCE ........................................................... 436,029 436,029 

310 SHIP ACTIVATIONS/INACTIVATIONS ...................................... 286,416 286,416 

320 EXPEDITIONARY HEALTH SERVICES SYSTEMS ................. 99,402 111,002 

USNS Mercy SLEP .................................................................. [11,600 ] 

330 COAST GUARD SUPPORT ........................................................... 25,235 25,235 

SUBTOTAL MOBILIZATION ................................................. 1,697,075 1,708,675 

TRAINING AND RECRUITING 

340 OFFICER ACQUISITION .............................................................. 186,117 186,117 

350 RECRUIT TRAINING .................................................................... 13,206 13,206 

360 RESERVE OFFICERS TRAINING CORPS ................................. 163,683 163,683 

370 SPECIALIZED SKILL TRAINING ............................................... 947,841 947,841 

380 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 367,647 367,647 

390 TRAINING SUPPORT .................................................................... 254,928 254,928 

400 RECRUITING AND ADVERTISING ............................................ 206,305 206,305 

410 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 103,799 103,799 

420 CIVILIAN EDUCATION AND TRAINING .................................. 66,060 66,060 


pbinns on DSKJLVW7X2PROD with BILLS
1132 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

430 JUNIOR ROTC ................................................................................ 56,276 56,276 

SUBTOTAL TRAINING AND RECRUITING ................... 2,365,862 2,365,862 

ADMIN & SRVWD ACTIVITIES 

440 ADMINISTRATION ........................................................................ 1,249,410 1,249,410 

450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 189,625 189,625 

460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 499,904 499,904 

470 MEDICAL ACTIVITIES ................................................................. 196,747 196,747 

480 SERVICEWIDE TRANSPORTATION .......................................... 165,708 165,708 

500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT ...... 519,716 524,716 

Energy Security Programs Office ............................................. [5,000 ] 

510 ACQUISITION, LOGISTICS, AND OVERSIGHT ........................ 751,184 751,184 

520 INVESTIGATIVE AND SECURITY SERVICES ......................... 747,519 747,519 

9999 CLASSIFIED PROGRAMS ............................................................ 608,670 608,670 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 4,928,483 4,933,483 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –629,787 

COVID-related ops/training slowdown ...................................... [–54,987 ] 

Excessive standard price for fuel .............................................. [–526,100 ] 

Foreign currency adjustments .................................................. [–48,700 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –629,787 

TOTAL OPERATION & MAINTENANCE, NAVY ........... 49,692,742 49,110,555 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................................. 941,143 941,143 

020 FIELD LOGISTICS ........................................................................ 1,277,798 1,277,798 

030 DEPOT MAINTENANCE ............................................................... 206,907 206,907 

040 MARITIME PREPOSITIONING .................................................... 103,614 103,614 

050 CYBERSPACE ACTIVITIES ......................................................... 215,974 215,974 

060 SUSTAINMENT, RESTORATION & MODERNIZATION .......... 938,063 938,063 

070 BASE OPERATING SUPPORT ..................................................... 2,264,680 2,264,680 

SUBTOTAL OPERATING FORCES .................................... 5,948,179 5,948,179 

TRAINING AND RECRUITING 

080 RECRUIT TRAINING .................................................................... 20,751 20,751 

090 OFFICER ACQUISITION .............................................................. 1,193 1,193 

100 SPECIALIZED SKILL TRAINING ............................................... 110,149 110,149 

110 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 69,509 69,509 

120 TRAINING SUPPORT .................................................................... 412,613 412,613 

130 RECRUITING AND ADVERTISING ............................................ 215,464 215,464 

140 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 33,719 33,719 

150 JUNIOR ROTC ................................................................................ 25,784 25,784 

SUBTOTAL TRAINING AND RECRUITING ................... 889,182 889,182 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE TRANSPORTATION .......................................... 32,005 32,005 

170 ADMINISTRATION ........................................................................ 399,363 399,363 

9999 CLASSIFIED PROGRAMS ............................................................ 59,878 59,878 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 491,246 491,246 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –28,257 

COVID-related ops/training slowdown ...................................... [–7,457 ] 

Excessive standard price for fuel .............................................. [–7,300 ] 

Foreign currency adjustments .................................................. [–13,500 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –28,257 

TOTAL OPERATION & MAINTENANCE, MARINE 

CORPS ....................................................................................... 7,328,607 7,300,350 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ....................... 635,070 635,070 

020 INTERMEDIATE MAINTENANCE .............................................. 8,713 8,713 

030 AIRCRAFT DEPOT MAINTENANCE .......................................... 105,088 105,088 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................... 398 398 

050 AVIATION LOGISTICS .................................................................. 27,284 27,284 


pbinns on DSKJLVW7X2PROD with BILLS
1133 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

070 COMBAT COMMUNICATIONS ..................................................... 17,894 17,894 

080 COMBAT SUPPORT FORCES ...................................................... 132,862 132,862 

090 CYBERSPACE ACTIVITIES ......................................................... 453 453 

100 ENTERPRISE INFORMATION .................................................... 26,073 26,073 

110 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 48,762 48,762 

120 BASE OPERATING SUPPORT ..................................................... 103,580 103,580 

SUBTOTAL OPERATING FORCES .................................... 1,106,177 1,106,177 

ADMIN & SRVWD ACTIVITIES 

130 ADMINISTRATION ........................................................................ 1,927 1,927 

140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 15,895 15,895 

150 ACQUISITION AND PROGRAM MANAGEMENT ...................... 3,047 3,047 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 20,869 20,869 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –30,938 

COVID-related ops/training slowdown ...................................... [–6,438 ] 

Excessive standard price for fuel .............................................. [–24,500 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –30,938 

TOTAL OPERATION & MAINTENANCE, NAVY RES 1,127,046 1,096,108 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................................... 104,616 104,616 

020 DEPOT MAINTENANCE ............................................................... 17,053 17,053 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 41,412 41,412 

040 BASE OPERATING SUPPORT ..................................................... 107,773 107,773 

SUBTOTAL OPERATING FORCES .................................... 270,854 270,854 

ADMIN & SRVWD ACTIVITIES 

050 ADMINISTRATION ........................................................................ 13,802 13,802 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 13,802 13,802 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –1,246 

COVID-related ops/training slowdown ...................................... [–1,046 ] 

Excessive standard price for fuel .............................................. [–200 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –1,246 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........................................................................................ 284,656 283,410 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................... 731,511 733,211 

Premature reduction of A–10 squadrons .................................. [1,700 ] 

020 COMBAT ENHANCEMENT FORCES ......................................... 1,275,485 1,275,485 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .... 1,437,095 1,449,495 

Premature reduction of A–10 squadrons .................................. [12,400 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 3,241,216 3,343,016 

FSRM increase .......................................................................... [101,800 ] 

060 CYBERSPACE SUSTAINMENT ................................................... 235,816 235,816 

070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 1,508,342 1,477,897 

Transfer to OCO ....................................................................... [–30,445 ] 

080 FLYING HOUR PROGRAM ........................................................... 4,458,457 4,564,157 

KC–10 tanker divestment reversal ............................................ [16,200 ] 

KC–135 tanker divestment reversal .......................................... [36,600 ] 

Premature reduction of A–10 squadrons .................................. [52,900 ] 

090 BASE SUPPORT ............................................................................. 7,497,288 7,497,288 

100 GLOBAL C3I AND EARLY WARNING ....................................... 849,842 880,642 

PDI: Mission Partner Environment implementation ................ [30,800 ] 

110 OTHER COMBAT OPS SPT PROGRAMS ................................... 1,067,055 1,067,055 

120 CYBERSPACE ACTIVITIES ......................................................... 698,579 698,579 

150 SPACE CONTROL SYSTEMS ....................................................... 34,194 34,194 

160 US NORTHCOM/NORAD ............................................................... 204,268 204,268 

170 US STRATCOM ............................................................................... 526,809 526,809 

180 US CYBERCOM .............................................................................. 314,524 356,224 


pbinns on DSKJLVW7X2PROD with BILLS
1134 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

Additional access and operations support ................................. [25,000 ] 

Hunt Forward missions ............................................................ [13,800 ] 

Secure the DODIN ................................................................... [2,900 ] 

190 US CENTCOM ................................................................................. 186,116 186,116 

200 US SOCOM ...................................................................................... 9,881 9,881 

210 US TRANSCOM .............................................................................. 1,046 1,046 

230 USSPACECOM ................................................................................ 249,022 249,022 

9999 CLASSIFIED PROGRAMS ............................................................ 1,289,339 1,289,339 

SUBTOTAL OPERATING FORCES .................................... 25,815,885 26,079,540 

MOBILIZATION 

240 AIRLIFT OPERATIONS ................................................................ 1,350,031 1,350,031 

250 MOBILIZATION PREPAREDNESS ............................................. 647,168 647,168 

SUBTOTAL MOBILIZATION ................................................. 1,997,199 1,997,199 

TRAINING AND RECRUITING 

260 OFFICER ACQUISITION .............................................................. 142,548 142,548 

270 RECRUIT TRAINING .................................................................... 25,720 25,720 

280 RESERVE OFFICERS TRAINING CORPS (ROTC) .................. 128,295 128,295 

290 SPECIALIZED SKILL TRAINING ............................................... 417,335 417,335 

300 FLIGHT TRAINING ....................................................................... 615,033 615,033 

310 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 298,795 298,795 

320 TRAINING SUPPORT .................................................................... 85,844 85,844 

330 RECRUITING AND ADVERTISING ............................................ 155,065 135,065 

Ahead of need ............................................................................ [–20,000 ] 

340 EXAMINING ................................................................................... 4,474 4,474 

350 OFF-DUTY AND VOLUNTARY EDUCATION ........................... 219,349 219,349 

360 CIVILIAN EDUCATION AND TRAINING .................................. 361,570 361,570 

370 JUNIOR ROTC ................................................................................ 72,126 72,126 

SUBTOTAL TRAINING AND RECRUITING ................... 2,526,154 2,506,154 

ADMIN & SRVWD ACTIVITIES 

380 LOGISTICS OPERATIONS ........................................................... 672,426 672,426 

390 TECHNICAL SUPPORT ACTIVITIES ......................................... 145,130 145,130 

400 ADMINISTRATION ........................................................................ 851,251 851,251 

410 SERVICEWIDE COMMUNICATIONS .......................................... 28,554 28,554 

420 OTHER SERVICEWIDE ACTIVITIES ......................................... 1,188,414 1,188,414 

430 CIVIL AIR PATROL ....................................................................... 28,772 28,772 

450 INTERNATIONAL SUPPORT ...................................................... 158,803 158,803 

9999 CLASSIFIED PROGRAMS ............................................................ 1,338,009 1,338,009 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 4,411,359 4,411,359 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –765,956 

COVID-related ops/training slowdown ...................................... [–89,856 ] 

COVID-related throughput carryover adjustment .................... [–75,800 ] 

Excessive standard price for fuel .............................................. [–560,200 ] 

Foreign currency adjustments .................................................. [–40,100 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –765,956 

TOTAL OPERATION & MAINTENANCE, AIR FORCE 34,750,597 34,228,296 

OPERATION & MAINTENANCE, SPACE FORCE 

OPERATING FORCES 

020 GLOBAL C3I & EARLY WARNING ............................................. 276,109 276,109 

030 SPACE LAUNCH OPERATIONS .................................................. 177,056 177,056 

040 SPACE OPERATIONS ................................................................... 475,338 475,338 

050 EDUCATION & TRAINING ........................................................... 18,660 18,660 

060 SPECIAL PROGRAMS ................................................................... 137,315 137,315 

070 DEPOT MAINTENANCE ............................................................... 250,324 250,324 

080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT ................... 1,063,969 1,063,969 

SUBTOTAL OPERATING FORCES .................................... 2,398,771 2,398,771 

ADMINISTRATION AND SERVICE WIDE ACTIVITIES 

090 ADMINISTRATION ........................................................................ 132,523 132,523 

SUBTOTAL ADMINISTRATION AND SERVICE WIDE 

ACTIVITIES ............................................................................. 132,523 132,523 

UNDISTRIBUTED 


pbinns on DSKJLVW7X2PROD with BILLS
1135 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

999 UNDISTRIBUTED ......................................................................... 0 –400 

Excessive standard price for fuel .............................................. [–400 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –400 

TOTAL OPERATION & MAINTENANCE, SPACE 

FORCE ....................................................................................... 2,531,294 2,530,894 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................... 1,782,016 1,782,016 

020 MISSION SUPPORT OPERATIONS ............................................ 215,209 215,209 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 453,896 509,096 

KC–10 tanker divestment reversal ............................................ [48,400 ] 

KC–135 tanker divestment reversal .......................................... [3,400 ] 

Premature reduction of A–10 squadrons .................................. [3,400 ] 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 103,414 107,614 

FSRM increase .......................................................................... [4,200 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 224,977 224,977 

060 BASE SUPPORT ............................................................................. 452,468 452,468 

070 CYBERSPACE ACTIVITIES ......................................................... 2,259 2,259 

SUBTOTAL OPERATING FORCES .................................... 3,234,239 3,293,639 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

080 ADMINISTRATION ........................................................................ 74,258 74,258 

090 RECRUITING AND ADVERTISING ............................................ 23,121 18,121 

Ahead of need ............................................................................ [–5,000 ] 

100 MILITARY MANPOWER AND PERS MGMT (ARPC) ............... 12,006 12,006 

110 OTHER PERS SUPPORT (DISABILITY COMP) ....................... 6,165 6,165 

120 AUDIOVISUAL ............................................................................... 495 495 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE 

ACTIVITIES ............................................................................. 116,045 111,045 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –73,163 

COVID-related ops/training slowdown ...................................... [–10,863 ] 

Excessive standard price for fuel .............................................. [–62,300 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –73,163 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ........................................................................................ 3,350,284 3,331,521 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS ............................................................ 2,476,205 2,476,205 

020 MISSION SUPPORT OPERATIONS ............................................ 611,325 611,325 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 1,138,919 1,138,919 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 323,605 332,505 

FSRM increase .......................................................................... [8,900 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 1,100,828 1,100,828 

060 BASE SUPPORT ............................................................................. 962,438 962,438 

070 CYBERSPACE SUSTAINMENT ................................................... 27,028 27,028 

080 CYBERSPACE ACTIVITIES ......................................................... 16,380 19,380 

Pilot program for National Guard cybersecurity ...................... [3,000 ] 

SUBTOTAL OPERATING FORCES .................................... 6,656,728 6,668,628 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

090 ADMINISTRATION ........................................................................ 48,218 48,218 

100 RECRUITING AND ADVERTISING ............................................ 48,696 33,696 

Ahead of need ............................................................................ [–15,000 ] 

SUBTOTAL ADMINISTRATION AND SERVICE-WIDE 

ACTIVITIES ............................................................................. 96,914 81,914 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –122,052 


pbinns on DSKJLVW7X2PROD with BILLS
1136 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

COVID-related ops/training slowdown ...................................... [–15,852 ] 

Excessive standard price for fuel .............................................. [–106,200 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –122,052 

TOTAL OPERATION & MAINTENANCE, ANG .............. 6,753,642 6,628,490 

OPERATION AND MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .......................................................... 439,111 439,111 

020 JOINT CHIEFS OF STAFF—CE2T2 .......................................... 535,728 535,728 

030 JOINT CHIEFS OF STAFF—CYBER ......................................... 24,728 24,728 

040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES .................................................................... 1,069,971 1,072,971 

SOCOM Syria exfiltration reconsitution ................................... [3,000 ] 

050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES ............................................................................................. 9,800 9,800 

060 SPECIAL OPERATIONS COMMAND INTELLIGENCE ........... 561,907 561,907 

070 SPECIAL OPERATIONS COMMAND MAINTENANCE ............ 685,097 707,097 

Airborne ISR restoration .......................................................... [22,000 ] 

080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS .................................................... 158,971 158,971 

090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT ............................................................................................ 1,062,748 1,062,748 

100 SPECIAL OPERATIONS COMMAND THEATER FORCES ...... 2,598,385 2,599,685 

Airborne ISR restoration .......................................................... [1,300 ] 

SUBTOTAL OPERATING FORCES .................................... 7,146,446 7,172,746 

TRAINING AND RECRUITING 

120 DEFENSE ACQUISITION UNIVERSITY ................................... 162,963 162,963 

130 JOINT CHIEFS OF STAFF .......................................................... 95,684 95,684 

140 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 33,301 33,301 

SUBTOTAL TRAINING AND RECRUITING ................... 291,948 291,948 

ADMIN & SRVWIDE ACTIVITIES 

160 CIVIL MILITARY PROGRAMS ..................................................... 147,993 179,893 

Innovative Readiness Training .................................................. [16,900 ] 

STARBASE .............................................................................. [15,000 ] 

180 DEFENSE CONTRACT AUDIT AGENCY ................................... 604,835 604,835 

190 DEFENSE CONTRACT AUDIT AGENCY—CYBER .................. 3,282 3,282 

210 DEFENSE CONTRACT MANAGEMENT AGENCY ................... 1,370,681 1,427,081 

DWR restore activities .............................................................. [56,400 ] 

220 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER .. 22,532 22,532 

230 DEFENSE COUNTERINTELLIGENCE AND SECURITY 

AGENCY ...................................................................................... 949,008 952,008 

DWR restore: Congressional oversight ..................................... [3,000 ] 

250 DEFENSE COUNTERINTELLIGENCE AND SECURITY 

AGENCY—CYBER ...................................................................... 9,577 9,577 

260 DEFENSE HUMAN RESOURCES ACTIVITY ............................ 799,952 799,952 

270 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER ........... 20,806 20,806 

280 DEFENSE INFORMATION SYSTEMS AGENCY ...................... 1,883,190 1,923,190 

Secure the DODIN ................................................................... [40,000 ] 

290 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER ..... 582,639 577,939 

JRSS SIPR funding ................................................................. [–4,700 ] 

330 DEFENSE LEGAL SERVICES AGENCY .................................... 37,637 37,637 

340 DEFENSE LOGISTICS AGENCY ................................................. 382,084 385,684 

DWR restore: blankets for homeless ......................................... [3,600 ] 

350 DEFENSE MEDIA ACTIVITY ...................................................... 196,997 196,997 

360 DEFENSE PERSONNEL ACCOUNTING AGENCY .................. 129,225 129,225 

370 DEFENSE SECURITY COOPERATION AGENCY .................... 598,559 598,559 

Defense Institute for International Legal Studies .................... [2,000 ] 

Institute for Security Governance ............................................. [–2,000 ] 

PDI: Maritime Security Initiative INDOPACOM UFR ........... [163,000 ] 

PDI: Transfer from Sec. 333 to Maritime Security Initiative [–163,000 ] 

400 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ... 38,432 38,432 

410 DEFENSE THREAT REDUCTION AGENCY ............................ 591,780 591,780 

430 DEFENSE THREAT REDUCTION AGENCY—CYBER ............ 24,635 24,635 

440 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ......... 2,941,429 3,012,929 

DWR restore: maintain student-teacher ratios in DODEA 

schools ................................................................................... [1,500 ] 

Impact Aid for children with severe disabilities ........................ [20,000 ] 


pbinns on DSKJLVW7X2PROD with BILLS
1137 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

Impact Aid for schools with military dependent students ........ [50,000 ] 

450 MISSILE DEFENSE AGENCY ..................................................... 505,858 505,858 

480 OFFICE OF ECONOMIC ADJUSTMENT ................................... 40,272 90,272 

Defense Community Infrastruture Program infusion ............... [50,000 ] 

490 OFFICE OF THE SECRETARY OF DEFENSE ........................ 1,540,446 1,613,946 

AI National Security Commission ............................................. [2,500 ] 

Bien Hoa dioxin cleanup ........................................................... [15,000 ] 

Black Start ERREs .................................................................. [2,000 ] 

CDC PFAS health assessment ................................................. [10,000 ] 

Commission on Confederate symbols and displays ................... [2,000 ] 

Cooperative program for Vietnam personnel MIA .................... [2,000 ] 

DWR restore: Congressional background investigations .......... [–3,000 ] 

Energy performance contracts .................................................. [10,000 ] 

ESOH personnel in ASD(S) ..................................................... [2,000 ] 

FY20 NDAA Sec. 575 interstate spousal licensing .................. [4,000 ] 

National Cyber Director independent study ............................. [2,000 ] 

REPI ......................................................................................... [25,000 ] 

500 OFFICE OF THE SECRETARY OF DEFENSE—CYBER ........ 51,630 51,630 

510 SPACE DEVELOPMENT AGENCY ............................................. 48,166 48,166 

530 WASHINGTON HEADQUARTERS SERVICES .......................... 340,291 343,291 

DWR restore: support to commissions ..................................... [3,000 ] 

9999 CLASSIFIED PROGRAMS ............................................................ 17,348,749 17,348,749 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 31,210,685 31,538,885 

UNDISTRIBUTED 

999 UNDISTRIBUTED ......................................................................... 0 –172,839 

COVID-related ops/training slowdown ...................................... [–129,339 ] 

Excessive standard price for fuel .............................................. [–14,800 ] 

Foreign currency adjustments .................................................. [–28,700 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –172,839 

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ........................................................................... 38,649,079 38,830,740 

MISCELLANEOUS APPROPRIATIONS 

US COURT OF APPEALS FOR THE ARMED 

FORCES, DEFENSE 

010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ......................................................................................... 15,211 15,211 

SUBTOTAL US COURT OF APPEALS FOR THE 

ARMED FORCES, DEFENSE ............................................ 15,211 15,211 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 15,211 15,211 

MISCELLANEOUS APPROPRIATIONS 

OVERSEAS HUMANITARIAN, DISASTER AND 

CIVIC AID 

010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ... 109,900 109,900 

SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ...................................................... 109,900 109,900 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 109,900 109,900 

MISCELLANEOUS APPROPRIATIONS 

COOPERATIVE THREAT REDUCTION 

010 COOPERATIVE THREAT REDUCTION ..................................... 238,490 288,490 

DWR restore: Biological Threat Reduction Program ............... [50,000 ] 

SUBTOTAL COOPERATIVE THREAT REDUCTION ... 238,490 288,490 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 238,490 288,490 

MISCELLANEOUS APPROPRIATIONS 

ACQUISITION WORKFORCE DEVELOPMENT 

010 ACQ WORKFORCE DEV FD ........................................................ 58,181 156,680 

DWR restore OSD-level acquisition workforce activities .......... [98,499 ] 

SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT ......................................................................................... 58,181 156,680 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 58,181 156,680 


pbinns on DSKJLVW7X2PROD with BILLS
1138 

•S 4049 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, ARMY 

050 ENVIRONMENTAL RESTORATION, ARMY .............................. 207,518 207,518 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

ARMY .......................................................................................... 207,518 207,518 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 207,518 207,518 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, NAVY 

060 ENVIRONMENTAL RESTORATION, NAVY .............................. 335,932 335,932 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

NAVY .......................................................................................... 335,932 335,932 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 335,932 335,932 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, AIR FORCE 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .................... 303,926 303,926 

SUBTOTAL ENVIRONMENTAL RESTORATION, AIR 

FORCE ....................................................................................... 303,926 303,926 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 303,926 303,926 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, DEFENSE 

080 ENVIRONMENTAL RESTORATION, DEFENSE ...................... 9,105 9,105 

SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE ........................................................................................ 9,105 9,105 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 9,105 9,105 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES 

090 ENVIRONMENTAL RESTORATION FORMERLY USED 

SITES ........................................................................................... 216,587 216,587 

SUBTOTAL ENVIRONMENTAL RESTORATION 

FORMERLY USED SITES .................................................. 216,587 216,587 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 216,587 216,587 

TOTAL OPERATION & MAINTENANCE .......................... 196,630,496 195,573,380 

1 SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS 

2 CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................................... 4,114,001 4,114,001 

030 ECHELONS ABOVE BRIGADE ................................................... 32,811 32,811 

040 THEATER LEVEL ASSETS ......................................................... 2,542,760 2,545,410 

EDI: Support to deterrent activities ......................................... [2,650 ] 

050 LAND FORCES OPERATIONS SUPPORT ................................. 162,557 162,557 

060 AVIATION ASSETS ........................................................................ 204,396 204,396 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 5,716,734 5,721,224 

EDI: Support to deterrent activities PE 0202218A ................ [1,490 ] 

EDI: Support to deterrent activities PE 1001010A ................ [3,000 ] 

080 LAND FORCES SYSTEMS READINESS .................................... 180,048 180,048 

090 LAND FORCES DEPOT MAINTENANCE .................................. 81,125 81,125 

100 BASE OPERATIONS SUPPORT .................................................. 219,029 219,029 


pbinns on DSKJLVW7X2PROD with BILLS
1139 

•S 4049 RS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 301,017 301,017 

130 ADDITIONAL ACTIVITIES .......................................................... 966,649 966,649 

140 COMMANDER’S EMERGENCY RESPONSE PROGRAM .......... 2,500 2,000 

Hero payments funded by ASFF .............................................. [–500 ] 

150 RESET ............................................................................................. 403,796 403,796 

160 US AFRICA COMMAND ................................................................ 100,422 100,422 

170 US EUROPEAN COMMAND ......................................................... 120,043 144,143 

EDI: Continuity of operations support ..................................... [2,100 ] 

EDI: Modernizing Mission Partner Environment (MPE) ........ [22,000 ] 

200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 98,461 98,461 

210 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 21,256 21,256 

SUBTOTAL OPERATING FORCES .................................... 15,267,605 15,298,345 

MOBILIZATION 

230 ARMY PREPOSITIONED STOCKS .............................................. 103,052 103,052 

SUBTOTAL MOBILIZATION ................................................. 103,052 103,052 

TRAINING AND RECRUITING 

290 SPECIALIZED SKILL TRAINING ............................................... 89,943 89,943 

320 TRAINING SUPPORT .................................................................... 2,550 2,550 

SUBTOTAL TRAINING AND RECRUITING ................... 92,493 92,493 

ADMIN & SRVWIDE ACTIVITIES 

390 SERVICEWIDE TRANSPORTATION .......................................... 521,090 521,090 

400 CENTRAL SUPPLY ACTIVITIES ................................................ 43,897 43,897 

410 LOGISTIC SUPPORT ACTIVITIES ............................................. 68,423 68,423 

420 AMMUNITION MANAGEMENT ................................................... 29,162 29,162 

440 SERVICEWIDE COMMUNICATIONS .......................................... 11,447 11,447 

470 OTHER SERVICE SUPPORT ....................................................... 5,839 5,839 

490 REAL ESTATE MANAGEMENT .................................................. 48,782 48,782 

510 INTERNATIONAL MILITARY HEADQUARTERS .................... 50,000 50,000 

9999 CLASSIFIED PROGRAMS ............................................................ 895,964 895,964 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 1,674,604 1,674,604 

TOTAL OPERATION & MAINTENANCE, ARMY ........... 17,137,754 17,168,494 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

020 ECHELONS ABOVE BRIGADE ................................................... 17,193 17,193 

060 FORCE READINESS OPERATIONS SUPPORT ........................ 440 440 

090 BASE OPERATIONS SUPPORT .................................................. 15,766 15,766 

SUBTOTAL OPERATING FORCES .................................... 33,399 33,399 

TOTAL OPERATION & MAINTENANCE, ARMY RES 33,399 33,399 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................................... 25,746 25,746 

020 MODULAR SUPPORT BRIGADES .............................................. 40 40 

030 ECHELONS ABOVE BRIGADE ................................................... 983 983 

040 THEATER LEVEL ASSETS ......................................................... 22 22 

060 AVIATION ASSETS ........................................................................ 20,624 20,624 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 7,914 7,914 

100 BASE OPERATIONS SUPPORT .................................................. 24,417 24,417 

SUBTOTAL OPERATING FORCES .................................... 79,746 79,746 

ADMIN & SRVWD ACTIVITIES 

170 SERVICEWIDE COMMUNICATIONS .......................................... 46 46 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 46 46 

TOTAL OPERATION & MAINTENANCE, ARNG ........... 79,792 79,792 

AFGHANISTAN SECURITY FORCES FUND 

AFGHAN NATIONAL ARMY 

010 SUSTAINMENT .............................................................................. 1,065,932 1,065,932 

020 INFRASTRUCTURE ...................................................................... 64,501 64,501 

030 EQUIPMENT AND TRANSPORTATION .................................... 47,854 47,854 

040 TRAINING AND OPERATIONS ................................................... 56,780 56,780 

SUBTOTAL AFGHAN NATIONAL ARMY ......................... 1,235,067 1,235,067 


pbinns on DSKJLVW7X2PROD with BILLS
1140 

•S 4049 RS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

AFGHAN NATIONAL POLICE 

050 SUSTAINMENT .............................................................................. 434,500 434,500 

060 INFRASTRUCTURE ...................................................................... 448 448 

070 EQUIPMENT AND TRANSPORTATION .................................... 108,231 108,231 

080 TRAINING AND OPERATIONS ................................................... 58,993 58,993 

SUBTOTAL AFGHAN NATIONAL POLICE ..................... 602,172 602,172 

AFGHAN AIR FORCE 

090 SUSTAINMENT .............................................................................. 534,102 534,102 

100 INFRASTRUCTURE ...................................................................... 9,532 9,532 

110 EQUIPMENT AND TRANSPORTATION .................................... 58,487 58,487 

120 TRAINING AND OPERATIONS ................................................... 233,803 233,803 

SUBTOTAL AFGHAN AIR FORCE ...................................... 835,924 835,924 

AFGHAN SPECIAL SECURITY FORCES 

130 SUSTAINMENT .............................................................................. 680,024 680,024 

140 INFRASTRUCTURE ...................................................................... 2,532 2,532 

150 EQUIPMENT AND TRANSPORTATION .................................... 486,808 486,808 

160 TRAINING AND OPERATIONS ................................................... 173,085 173,085 

SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 1,342,449 1,342,449 

TOTAL AFGHANISTAN SECURITY FORCES FUND .. 4,015,612 4,015,612 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ....................... 382,062 382,062 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 832 832 

040 AIR OPERATIONS AND SAFETY SUPPORT ............................ 17,840 17,840 

050 AIR SYSTEMS SUPPORT ............................................................. 210,692 210,692 

060 AIRCRAFT DEPOT MAINTENANCE .......................................... 170,580 170,580 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................... 5,854 5,854 

080 AVIATION LOGISTICS .................................................................. 33,707 33,707 

090 MISSION AND OTHER SHIP OPERATIONS ............................ 5,817,696 5,817,696 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................... 20,741 20,741 

110 SHIP DEPOT MAINTENANCE .................................................... 2,072,470 2,072,470 

130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE ............................................................................................ 59,254 59,254 

140 SPACE SYSTEMS AND SURVEILLANCE .................................. 18,000 18,000 

150 WARFARE TACTICS ..................................................................... 17,324 17,324 

160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ..... 22,581 22,581 

170 COMBAT SUPPORT FORCES ...................................................... 772,441 772,441 

180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS 

SUPPORT .................................................................................... 5,788 5,788 

200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 24,800 24,800 

220 CYBERSPACE ACTIVITIES ......................................................... 369 369 

240 WEAPONS MAINTENANCE ......................................................... 567,247 567,247 

250 OTHER WEAPON SYSTEMS SUPPORT .................................... 12,571 12,571 

270 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 70,041 70,041 

280 BASE OPERATING SUPPORT ..................................................... 218,792 218,792 

SUBTOTAL OPERATING FORCES .................................... 10,521,682 10,521,682 

MOBILIZATION 

320 EXPEDITIONARY HEALTH SERVICES SYSTEMS ................. 22,589 22,589 

SUBTOTAL MOBILIZATION ................................................. 22,589 22,589 

TRAINING AND RECRUITING 

370 SPECIALIZED SKILL TRAINING ............................................... 53,204 53,204 

SUBTOTAL TRAINING AND RECRUITING ................... 53,204 53,204 

ADMIN & SRVWD ACTIVITIES 

440 ADMINISTRATION ........................................................................ 9,983 9,983 

460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 7,805 7,805 

480 SERVICEWIDE TRANSPORTATION .......................................... 72,097 72,097 

510 ACQUISITION, LOGISTICS, AND OVERSIGHT ........................ 11,354 11,354 

520 INVESTIGATIVE AND SECURITY SERVICES ......................... 1,591 1,591 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 102,830 102,830 

TOTAL OPERATION & MAINTENANCE, NAVY ........... 10,700,305 10,700,305 


pbinns on DSKJLVW7X2PROD with BILLS
1141 

•S 4049 RS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................................. 727,989 745,489 

EDI: Globally Integrated Exercise 20–4/Austere Challenge 

21.3 ....................................................................................... [10,000 ] 

EDI: Marine European training program ................................ [7,500 ] 

020 FIELD LOGISTICS ........................................................................ 195,001 195,001 

030 DEPOT MAINTENANCE ............................................................... 55,183 55,183 

050 CYBERSPACE ACTIVITIES ......................................................... 10,000 10,000 

070 BASE OPERATING SUPPORT ..................................................... 24,569 24,569 

SUBTOTAL OPERATING FORCES .................................... 1,012,742 1,030,242 

TRAINING AND RECRUITING 

120 TRAINING SUPPORT .................................................................... 28,458 28,458 

SUBTOTAL TRAINING AND RECRUITING ................... 28,458 28,458 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE TRANSPORTATION .......................................... 61,400 61,400 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 61,400 61,400 

TOTAL OPERATION & MAINTENANCE, MARINE 

CORPS ....................................................................................... 1,102,600 1,120,100 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

020 INTERMEDIATE MAINTENANCE .............................................. 522 522 

030 AIRCRAFT DEPOT MAINTENANCE .......................................... 11,861 11,861 

080 COMBAT SUPPORT FORCES ...................................................... 9,109 9,109 

SUBTOTAL OPERATING FORCES .................................... 21,492 21,492 

TOTAL OPERATION & MAINTENANCE, NAVY RES 21,492 21,492 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................................... 7,627 7,627 

040 BASE OPERATING SUPPORT ..................................................... 1,080 1,080 

SUBTOTAL OPERATING FORCES .................................... 8,707 8,707 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........................................................................................ 8,707 8,707 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................... 125,551 125,551 

020 COMBAT ENHANCEMENT FORCES ......................................... 916,538 916,538 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .... 93,970 93,970 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 3,528,059 3,528,059 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 147,264 147,264 

060 CYBERSPACE SUSTAINMENT ................................................... 10,842 10,842 

070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 7,187,100 7,217,545 

Transfer from base ................................................................... [30,445 ] 

080 FLYING HOUR PROGRAM ........................................................... 2,031,548 2,031,548 

090 BASE SUPPORT ............................................................................. 1,540,444 1,540,444 

100 GLOBAL C3I AND EARLY WARNING ....................................... 13,709 13,709 

110 OTHER COMBAT OPS SPT PROGRAMS ................................... 345,800 345,800 

120 CYBERSPACE ACTIVITIES ......................................................... 17,936 17,936 

130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ........ 36,820 36,820 

140 LAUNCH FACILITIES .................................................................. 70 70 

150 SPACE CONTROL SYSTEMS ....................................................... 1,450 1,450 

160 US NORTHCOM/NORAD ............................................................... 725 725 

170 US STRATCOM ............................................................................... 856 856 

180 US CYBERCOM .............................................................................. 35,189 35,189 

190 US CENTCOM ................................................................................. 126,934 126,934 

SUBTOTAL OPERATING FORCES .................................... 16,160,805 16,191,250 

MOBILIZATION 

240 AIRLIFT OPERATIONS ................................................................ 1,271,439 1,271,439 

250 MOBILIZATION PREPAREDNESS ............................................. 120,866 120,866 


pbinns on DSKJLVW7X2PROD with BILLS
1142 

•S 4049 RS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

SUBTOTAL MOBILIZATION ................................................. 1,392,305 1,392,305 

TRAINING AND RECRUITING 

260 OFFICER ACQUISITION .............................................................. 200 200 

270 RECRUIT TRAINING .................................................................... 352 352 

290 SPECIALIZED SKILL TRAINING ............................................... 27,010 27,010 

300 FLIGHT TRAINING ....................................................................... 844 844 

310 PROFESSIONAL DEVELOPMENT EDUCATION ..................... 1,199 1,199 

320 TRAINING SUPPORT .................................................................... 1,320 1,320 

SUBTOTAL TRAINING AND RECRUITING ................... 30,925 30,925 

ADMIN & SRVWD ACTIVITIES 

380 LOGISTICS OPERATIONS ........................................................... 164,701 164,701 

390 TECHNICAL SUPPORT ACTIVITIES ......................................... 11,782 11,782 

400 ADMINISTRATION ........................................................................ 3,886 3,886 

410 SERVICEWIDE COMMUNICATIONS .......................................... 355 355 

420 OTHER SERVICEWIDE ACTIVITIES ......................................... 100,831 85,831 

OSC-I transition to normalized security cooperation ............... [–15,000 ] 

450 INTERNATIONAL SUPPORT ...................................................... 29,928 29,928 

9999 CLASSIFIED PROGRAMS ............................................................ 34,502 34,502 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 345,985 330,985 

TOTAL OPERATION & MAINTENANCE, AIR FORCE 17,930,020 17,945,465 

OPERATION & MAINTENANCE, SPACE FORCE 

OPERATING FORCES 

020 GLOBAL C3I & EARLY WARNING ............................................. 227 227 

030 SPACE LAUNCH OPERATIONS .................................................. 321 321 

040 SPACE OPERATIONS ................................................................... 15,135 15,135 

070 DEPOT MAINTENANCE ............................................................... 18,268 18,268 

080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT ................... 43,164 43,164 

SUBTOTAL OPERATING FORCES .................................... 77,115 77,115 

TOTAL OPERATION & MAINTENANCE, SPACE 

FORCE ....................................................................................... 77,115 77,115 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 24,408 24,408 

060 BASE SUPPORT ............................................................................. 5,682 5,682 

SUBTOTAL OPERATING FORCES .................................... 30,090 30,090 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ........................................................................................ 30,090 30,090 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ............................................ 3,739 3,739 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 61,862 61,862 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 97,108 97,108 

060 BASE SUPPORT ............................................................................. 12,933 12,933 

SUBTOTAL OPERATING FORCES .................................... 175,642 175,642 

TOTAL OPERATION & MAINTENANCE, ANG .............. 175,642 175,642 

OPERATION AND MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .......................................................... 3,799 3,799 

020 JOINT CHIEFS OF STAFF—CE2T2 .......................................... 6,634 6,634 

040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES .................................................................... 898,024 898,024 

060 SPECIAL OPERATIONS COMMAND INTELLIGENCE ........... 1,244,553 1,244,553 

070 SPECIAL OPERATIONS COMMAND MAINTENANCE ............ 354,951 381,951 

Airborne ISR restoration .......................................................... [27,000 ] 

090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT ............................................................................................ 104,535 104,535 

100 SPECIAL OPERATIONS COMMAND THEATER FORCES ...... 757,744 757,744 

SUBTOTAL OPERATING FORCES .................................... 3,370,240 3,397,240 


pbinns on DSKJLVW7X2PROD with BILLS
1143 

•S 4049 RS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

ADMIN & SRVWIDE ACTIVITIES 

180 DEFENSE CONTRACT AUDIT AGENCY ................................... 1,247 1,247 

210 DEFENSE CONTRACT MANAGEMENT AGENCY ................... 21,723 21,723 

280 DEFENSE INFORMATION SYSTEMS AGENCY ...................... 56,256 56,256 

290 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER ..... 3,524 3,524 

330 DEFENSE LEGAL SERVICES AGENCY .................................... 156,373 156,373 

350 DEFENSE MEDIA ACTIVITY ...................................................... 3,555 3,555 

370 DEFENSE SECURITY COOPERATION AGENCY .................... 1,557,763 1,880,263 

Transfer from CTEF for Iraq train and equip requirements .. [322,500 ] 

410 DEFENSE THREAT REDUCTION AGENCY ............................ 297,486 297,486 

490 OFFICE OF THE SECRETARY OF DEFENSE ........................ 16,984 16,984 

530 WASHINGTON HEADQUARTERS SERVICES .......................... 1,997 1,997 

9999 CLASSIFIED PROGRAMS ............................................................ 535,106 535,106 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 2,652,014 2,974,514 

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ........................................................................... 6,022,254 6,371,754 

TOTAL OPERATION & MAINTENANCE .......................... 57,334,782 57,747,967 

1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2021 

Request 

Senate 

Authorized 

MILITARY PERSONNEL 

MILITARY PERSONNEL APPROPRIATIONS 

MILITARY PERSONNEL APPROPRIATIONS ..................... 150,524,104 147,976,014 

COVID related endstrength decreases ........................................ [–755,000 ] 

Foreign currency adjustments, Air Force .................................. [–81,800 ] 

Foreign currency adjustments, Army ......................................... [–44,400 ] 

Foreign currency adjustments, Marine Corps ............................ [–13,900 ] 

Foreign currency adjustments, Navy .......................................... [–41,300 ] 

Military personnel historical underexecution .............................. [–1,611,690 ] 

SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS ........................................................................ 150,524,104 147,976,014 

MEDICARE-ELIGIBLE RETIREE HEALTH FUND 

CONTRIBUTIONS 

MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS ........................................................................ 8,372,741 8,372,741 

SUBTOTAL MEDICARE-ELIGIBLE RETIREE 

HEALTH FUND CONTRIBUTIONS .......................... 8,372,741 8,372,741 

TOTAL MILITARY PERSONNEL .................................. 158,896,845 156,348,755 


pbinns on DSKJLVW7X2PROD with BILLS
1144 

•S 4049 RS

1 SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN2 GENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2021 

Request 

Senate 

Authorized 

MILITARY PERSONNEL 

MILITARY PERSONNEL APPROPRIATIONS 

MILITARY PERSONNEL APPROPRIATIONS ..................... 4,602,593 4,602,593 

SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS ........................................................................ 4,602,593 4,602,593 

TOTAL MILITARY PERSONNEL .................................. 4,602,593 4,602,593 

3 TITLE XLV—OTHER 

4 AUTHORIZATIONS 

5 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND 

WORKING CAPITAL FUND, ARMY 

010 INDUSTRIAL OPERATIONS .................................................................. 32,551 5,551 

One-time COVID-related carryover decrease ...................................... [–27,000] 

020 SUPPLY MANAGEMENT—ARMY ......................................................... 24,166 1,166 

One-time COVID-related carryover decrease ...................................... [–23,000] 

SUBTOTAL WORKING CAPITAL FUND, ARMY ..................... 56,717 6,717 

WORKING CAPITAL FUND, AIR FORCE 

020 SUPPLIES AND MATERIALS ................................................................ 95,712 5,712 

Air Force cash corpus for energy optimization .................................. [10,000] 

One-time COVID-related carryover decrease ...................................... [–100,000] 

SUBTOTAL WORKING CAPITAL FUND, AIR FORCE ......... 191,424 101,424 

WORKING CAPITAL FUND, DEFENSE-WIDE 

020 SUPPLY CHAIN MANAGEMENT—DEF .............................................. 49,821 49,821 

SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 49,821 49,821 

WORKING CAPITAL FUND, DECA 

010 WORKING CAPITAL FUND, DECA ...................................................... 1,146,660 1,146,660 

SUBTOTAL WORKING CAPITAL FUND, DECA ..................... 1,146,660 1,146,660 

TOTAL WORKING CAPITAL FUND ............................................. 1,444,622 1,304,622 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE 

1 CHEM DEMILITARIZATION—O&M ..................................................... 106,691 106,691 

SUBTOTAL OPERATION & MAINTENANCE ........................... 106,691 106,691 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

2 CHEM DEMILITARIZATION—RDT&E ................................................ 782,193 782,193 

SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION ................................................................................... 782,193 782,193 

PROCUREMENT 

3 CHEM DEMILITARIZATION—PROC ................................................... 616 616 

SUBTOTAL PROCUREMENT ......................................................... 616 616 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION .... 889,500 889,500 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 


pbinns on DSKJLVW7X2PROD with BILLS
1145 

•S 4049 RS

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

DRUG INTRDCTN 

010 COUNTER-NARCOTICS SUPPORT ....................................................... 546,203 562,003 

PDI: Joint Interagency Task Force—West Project 3309 ................. [13,000] 

PDI: Joint Interagency Task Force—West Project 9202 ................. [2,800] 

SUBTOTAL DRUG INTRDCTN ...................................................... 546,203 562,003 

DRUG DEMAND REDUCTION PROGRAM 

020 DRUG DEMAND REDUCTION PROGRAM .......................................... 123,704 123,704 

SUBTOTAL DRUG DEMAND REDUCTION PROGRAM ....... 123,704 123,704 

NATIONAL GUARD COUNTER-DRUG PROGRAM 

030 NATIONAL GUARD COUNTER-DRUG PROGRAM ............................ 94,211 94,211 

SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM ................................................................................................... 94,211 94,211 

NATIONAL GUARD COUNTER-DRUG SCHOOLS 

040 NATIONAL GUARD COUNTER-DRUG SCHOOLS ............................. 5,511 5,511 

SUBTOTAL NATIONAL GUARD COUNTER-DRUG 

SCHOOLS ........................................................................................... 5,511 5,511 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ........................................................................................... 769,629 785,429 

OFFICE OF THE INSPECTOR GENERAL 

OFFICE OF THE INSPECTOR GENERAL 

010 OFFICE OF THE INSPECTOR GENERAL .......................................... 368,279 368,279 

030 OFFICE OF THE INSPECTOR GENERAL—CYBER ......................... 1,204 1,204 

040 OFFICE OF THE INSPECTOR GENERAL .......................................... 1,098 1,098 

050 OFFICE OF THE INSPECTOR GENERAL .......................................... 858 858 

SUBTOTAL OFFICE OF THE INSPECTOR GENERAL ........ 371,439 371,439 

TOTAL OFFICE OF THE INSPECTOR GENERAL ................. 371,439 371,439 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ..................................................................................... 9,560,564 9,560,564 

020 PRIVATE SECTOR CARE ....................................................................... 15,841,887 15,841,887 

030 CONSOLIDATED HEALTH SUPPORT ................................................ 1,338,269 1,338,269 

040 INFORMATION MANAGEMENT ........................................................... 2,039,910 2,039,910 

050 MANAGEMENT ACTIVITIES ................................................................. 330,627 330,627 

060 EDUCATION AND TRAINING ............................................................... 315,691 315,691 

070 BASE OPERATIONS/COMMUNICATIONS ........................................... 1,922,605 1,927,605 

National Disaster Medical System pilot program ............................... [5,000] 

SUBTOTAL OPERATION & MAINTENANCE ........................... 31,349,553 31,354,553 

RDT&E 

080 R&D RESEARCH ...................................................................................... 8,913 8,913 

090 R&D EXPLORATRY DEVELOPMENT .................................................. 73,984 73,984 

100 R&D ADVANCED DEVELOPMENT ...................................................... 225,602 225,602 

110 R&D DEMONSTRATION/VALIDATION ................................................ 132,331 132,331 

120 R&D ENGINEERING DEVELOPMENT ................................................ 55,748 55,748 

130 R&D MANAGEMENT AND SUPPORT .................................................. 48,672 48,672 

140 R&D CAPABILITIES ENHANCEMENT ................................................ 17,215 17,215 

SUBTOTAL RDT&E ............................................................................ 562,465 562,465 

PROCUREMENT 

150 PROC INITIAL OUTFITTING ................................................................ 22,932 22,932 

160 PROC REPLACEMENT & MODERNIZATION ..................................... 215,618 215,618 

170 PROC MILITARY HEALTH SYSTEM—DESKTOP TO 

DATACENTER ...................................................................................... 70,872 70,872 

180 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ........................................................................................ 308,504 308,504 

SUBTOTAL PROCUREMENT ......................................................... 617,926 617,926 

SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 

190 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS .......... 160,428 160,428 

SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY 

PILOT PROGRAMS ........................................................................ 160,428 160,428 


pbinns on DSKJLVW7X2PROD with BILLS
1146 

•S 4049 RS

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

TOTAL DEFENSE HEALTH PROGRAM .................................... 32,690,372 32,695,372 

TOTAL OTHER AUTHORIZATIONS ............................................ 36,711,765 36,592,565 

1 SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2021 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND 

WORKING CAPITAL FUND, ARMY 

020 SUPPLY MANAGEMENT—ARMY ......................................................... 20,090 20,090 

SUBTOTAL WORKING CAPITAL FUND, ARMY ..................... 20,090 20,090 

TOTAL WORKING CAPITAL FUND ............................................. 20,090 20,090 

OFFICE OF THE INSPECTOR GENERAL 

OFFICE OF THE INSPECTOR GENERAL 

010 OFFICE OF THE INSPECTOR GENERAL .......................................... 24,069 24,069 

SUBTOTAL OFFICE OF THE INSPECTOR GENERAL ........ 24,069 24,069 

TOTAL OFFICE OF THE INSPECTOR GENERAL ................. 24,069 24,069 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ..................................................................................... 65,072 65,072 

020 PRIVATE SECTOR CARE ....................................................................... 296,828 296,828 

030 CONSOLIDATED HEALTH SUPPORT ................................................ 3,198 3,198 

SUBTOTAL OPERATION & MAINTENANCE ........................... 365,098 365,098 

TOTAL DEFENSE HEALTH PROGRAM .................................... 365,098 365,098 

COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 

COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 

010 IRAQ ........................................................................................................... 645,000 322,500 

Transfer traditional BPC activities to DSCA .................................... [–322,500] 

020 SYRIA ......................................................................................................... 200,000 200,000 

SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND 

(CTEF) .................................................................................................. 845,000 522,500 

TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 845,000 522,500 

TOTAL OTHER AUTHORIZATIONS ............................................ 1,254,257 931,757 

3 TITLE XLVI—MILITARY 

4 CONSTRUCTION 

5 SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

MILITARY CONSTRUCTION 

ARMY 

Alaska 

Army Fort Wainwright Child Development Center ................................ 0 55,000 

Army Fort Wainwright Unaccompanied Enlisted Personnel Housing ... 0 59,000 

Arizona 

Army Yuma Proving Ground Ready Building ................................................. 14,000 14,000 


pbinns on DSKJLVW7X2PROD with BILLS
1147 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

California 

Army Military Ocean Terminal Concord Ammunition Holding Facility ........................... 0 46,000 

Colorado 

Army Fort Carson Physical Fitness Facility .................................. 28,000 28,000 

Florida 

Army JIATF-S Operations 

Center 

Planning & Design ........................................... 0 8,000 

Georgia 

Army Fort Gillem Forensic Laboratory ......................................... 71,000 71,000 

Army Fort Gordon Adv Individual Training Barracks Cplx, Ph3 .. 80,000 80,000 

Hawaii 

Army Aliamanu Military Reservation Child Development Center—School Age .......... 0 71,000 

Army Schofield Barracks Child Development Center ................................ 0 39,000 

Army Wheeler Army Air Field Aircraft Maintenance Hangar .......................... 89,000 89,000 

Italy 

Army Casmera Renato Dal 

Din 

Access Control Point ........................................ 0 10,200 

Louisiana 

Army Fort Polk Information Systems Facility ........................... 25,000 25,000 

Oklahoma 

Army McAlester AAP Ammunition Demolition Shop .......................... 35,000 35,000 

Pennsylvania 

Army Carlisle Barracks General Instruction Building (Inc 2) ............... 38,000 8,000 

South Carolina 

Army Fort Jackson Trainee Barracks Complex 3, Ph2 ................... 0 7,000 

Virginia 

Army Humphreys Engineer 

Center 

Training Support Facility ................................ 51,000 51,000 

Worldwide Unspecified 

Army Unspecified Worldwide 

Locations 

Planning and Design ........................................ 129,436 59,436 

Army Unspecified Worldwide 

Locations 

Host Nation Support ........................................ 39,000 39,000 

Army Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 50,900 74,900 

SUBTOTAL ARMY ............................................................................................................... 650,336 869,536 

NAVY 

Bahrain Island 

Navy SW Asia Ship to Shore Utility Services .......................... 68,340 68,340 

California 

Navy Camp Pendleton Combat Water Survival Training Facility ........ 0 25,200 

Navy Camp Pendleton Warehouse Consolidation and Modernization .. 0 21,800 

Navy Camp Pendleton I MEF Consolidated Information Center 

(INC).

37,000 37,000 

Navy Camp Pendleton 1st MARDIV Operations Complex ................... 68,530 68,530 

Navy Lemoore F–35C Simulator Facility & Electrical Upgrade.59,150 59,150 

Navy Lemoore F–35C Hangar 6 Phase 2 (Mod 3/4) .............. 128,070 53,000 

Navy Point Mugu Directed Energy Test Facility .......................... 0 26,700 

Navy Port Hueneme Combat Vehicle Maintenance Facilities ........... 0 43,500 

Navy San Diego Pier 6 Replacement .......................................... 128,500 63,500 

Navy Seal Beach Magazines ......................................................... 0 46,800 

Navy Twentynine Palms Wastewater Treatment Plant ........................... 76,500 76,500 

Greece 

Navy Souda Bay Communication Center ..................................... 50,180 50,180 

Guam 

Navy Andersen Air Force 

Base 

Ordnance Operations Admin ............................ 21,280 21,280 

Navy Joint Region Marianas DAR Road Strengthening ................................ 70,760 70,760 

Navy Joint Region Marianas DAR Bridge Improvements .............................. 40,180 40,180 

Navy Joint Region Marianas Central Fuel Station ......................................... 35,950 17,950 

Navy Joint Region Marianas Distribution Warehouse .................................... 77,930 77,930 

Navy Joint Region Marianas Combined EOD Facility ................................... 37,600 37,600 

Navy Joint Region Marianas Bachelor Enlisted Quarters (Inc) ..................... 80,000 10,000 

Navy Joint Region Marianas Joint Communication Upgrade ........................ 166,000 26,000 

Navy Joint Region Marianas Base Warehouse ............................................... 55,410 55,410 

Navy Joint Region Marianas Individual Combat Skills Training ................... 17,430 17,430 

Navy Joint Region Marianas Central Issue Facility ....................................... 45,290 45,290 

Hawaii 

Navy Joint Base Pearl Harbor-Hickam Waterfront Improvements Wharves S8–S10 .... 65,910 65,910 

Navy Joint Base Pearl Harbor-Hickam Waterfront Improve, Wharves S1,S11– 

13,S20–21.

48,990 48,990 

Honduras 


pbinns on DSKJLVW7X2PROD with BILLS
1148 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

Navy Comalapa Long Range Maritime Patrol Aircraft Hangar 

and Ramp.

0 28,000 

Japan 

Navy Yokosuka Pier 5 (Berths 2 and 3) (Inc) .......................... 74,692 44,692 

Maine 

Navy Kittery Multi-Mission Drydock #1 Exten., Ph 1 (Inc) 160,000 160,000 

Navy NCTAMS LANT Detachment Cutler Perimeter Security ............................................ 0 26,100 

Nevada 

Navy Fallon Range Training Complex, Phase 1 ................... 29,040 29,040 

North Carolina 

Navy Camp Lejeune II MEF Operations Center Replacement (Inc) 20,000 20,000 

Navy Cherry Point Fitness Center Replacement and Training 

Pool.

0 51,900 

Spain 

Navy Rota MH–60R Squadron Support Facilities ............ 60,110 60,110 

Virginia 

Navy Norfolk Sub Logistics Support ...................................... 0 9,400 

Navy Norfolk MH60 & CMV–22B Corrosion Control & Paint 

Facility.

17,671 17,671 

Navy Norfolk E–2D Training Facility .................................... 30,400 30,400 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 38,983 38,983 

Navy Unspecified Worldwide 

Locations 

Planning & Design ........................................... 165,710 165,710 

SUBTOTAL NAVY ................................................................................................................ 1,975,606 1,856,936 

AIR FORCE 

Colorado 

Air Force Schriever Air Force 

Base 

Consolidated Space Operations Facility, (Inc 

2).

88,000 88,000 

Air Force United States Air Force 

Academy 

Cadet Preparatory School Dormitory ............... 0 49,000 

Guam 

Air Force Joint Region Marianas Stand Off Weapons Complex, MSA 2 .............. 56,000 56,000 

Mariana Islands 

Air Force Tinian Fuel Tanks With Pipeline & Hydrant Sys, (Inc 

2).

7,000 7,000 

Air Force Tinian Airfield Development Phase 1, (Inc 2) ............ 20,000 20,000 

Air Force Tinian Parking Apron, (Inc 2) .................................... 15,000 15,000 

Montana 

Air Force Malmstrom Air Force 

Base 

Weapons Storage & Maintenance Facility, (Inc 

2).

25,000 25,000 

New Jersey 

Air Force Joint Base McGuireDix-Lakehurst Munitions Storage Area ................................... 22,000 22,000 

Qatar 

Air Force Al Udeid Cargo Marshalling Yard ................................... 26,000 26,000 

South Dakota 

Air Force Ellsworth Air Force 

Base 

B–21 2–Bay LO Restoration Facility .............. 0 10,000 

Texas 

Air Force Joint Base San Antonio BMT Recruit Dormitory 8, (Inc 2) .................. 36,000 36,000 

Air Force Joint Base San Antonio T-X ADAL Ground Based Trng Sys Sim ........ 19,500 19,500 

Utah 

Air Force Hill Air Force Base GBSD Organic Software Sustainment Center 0 20,000 

Air Force Hill Air Force Base GBSD Mission Integration Facility, (Inc 2) .... 68,000 68,000 

Virginia 

Air Force Joint Base LangleyEustis Access Control Point Main Gate With Land 

Acq.

19,500 19,500 

Worldwide Unspecified 

Air Force Unspecified Worldwide 

Locations 

Cost to Complete .............................................. 0 29,422 

Air Force Unspecified Worldwide 

Locations 

Planning & Design ........................................... 296,532 116,532 

Air Force Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 68,600 68,600 

SUBTOTAL AIR FORCE .................................................................................................... 767,132 695,554 

DEFENSE-WIDE 

Alabama 

Defense-Wide Anniston Army Depot Demilitarization Facility .................................. 18,000 18,000 

Alaska 

Defense-Wide Fort Greely Communications Center ................................... 48,000 48,000 

Albama 


pbinns on DSKJLVW7X2PROD with BILLS
1149 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

Defense-Wide Fort Rucker Construct 10mw Generation & Microgrid ........ 0 24,000 

Arizona 

Defense-Wide Fort Huachuca Laboratory Building ......................................... 33,728 33,728 

Defense-Wide Yuma SOF Hangar ..................................................... 49,500 49,500 

Arkansas 

Defense-Wide Fort Smith Air National Guard Base PV Arrays and Battery Storage ....................... 0 2,600 

California 

Defense-Wide Beale Air Force Base Bulk Fuel Tank ................................................ 22,800 22,800 

Colorado 

Defense-Wide Fort Carson SOF Tactical Equipment Maintenance Facility 15,600 15,600 

CONUS Unspecified 

Defense-Wide CONUS Unspecified Training Target Structure ............................... 14,400 14,400 

Florida 

Defense-Wide Hurlburt Field SOF Special Tactics Ops Facility (23 STS) .... 44,810 44,810 

Defense-Wide Hurlburt Field SOF Combat Aircraft Parking Apron-North ... 38,310 38,310 

Georgia 

Defense-Wide Fort Benning Construct 4.8mw Generation & Microgrid ....... 0 17,000 

Germany 

Defense-Wide Rhine Ordnance Barracks Medical Center Replacement (Inc 9) ................ 200,000 0 

Japan 

Defense-Wide Def Fuel Support Point 

Tsurumi 

Fuel Wharf ....................................................... 49,500 49,500 

Defense-Wide Yokosuka Kinnick High School (Inc) ............................... 30,000 0 

Kentucky 

Defense-Wide Fort Knox Van Voorhis Elementary School ....................... 69,310 69,310 

Maryland 

Defense-Wide Bethesda Naval Hospital MEDCEN Addition/Alteration (Inc 4) ............ 180,000 50,000 

Defense-Wide Fort Meade NSAW Recapitalize Building #3 (Inc) ............ 250,000 250,000 

Mississippi 

Defense-Wide MTA Camp Shelby Construct 10mw Generation Plant and 

Microgrid System.

0 30,000 

Missouri 

Defense-Wide Fort Leonard Wood Hospital Replacement (Inc 3) .......................... 40,000 40,000 

Defense-Wide St Louis Next NGA West (N2W) Complex Phase 2 

(Inc).

119,000 60,000 

New Mexico 

Defense-Wide Kirtland Air Force 

Base 

Administrative Building ................................... 46,600 46,600 

North Carolina 

Defense-Wide Fort Bragg SOTF Chilled Water Upgrade ......................... 0 6,100 

Defense-Wide Fort Bragg SOF Military Working Dog Facility ................ 17,700 17,700 

Defense-Wide Fort Bragg SOF Group Headquarters ................................ 53,100 53,100 

Defense-Wide Fort Bragg SOF Operations Facility .................................. 43,000 43,000 

Ohio 

Defense-Wide Wright-Patterson Air 

Force Base 

Intelligence Facility Central Utility Plant ....... 0 35,000 

Defense-Wide Wright-Patterson Air 

Force Base 

Hydrant Fuel System ....................................... 23,500 23,500 

Tennessee 

Defense-Wide Memphis International 

Airport 

PV Arrays and Battery Storage ....................... 0 4,780 

Texas 

Defense-Wide Fort Hood Fuel Facilities ................................................... 32,700 32,700 

Virginia 

Defense-Wide Joint Expeditionary 

Base Little Creek— 

Story 

SOF DCS Operations Fac. and Command 

Center.

54,500 54,500 

Defense-Wide Joint Expeditionary 

Base Little Creek— 

Story 

SOF NSWG–2 NSWTG CSS Facilities .......... 58,000 58,000 

Washington 

Defense-Wide Joint Base LewisMcChord Fuel Facilities (Lewis North) ........................... 10,900 10,900 

Defense-Wide Joint Base LewisMcChord Fuel Facilities (Lewis Main) ............................ 10,900 10,900 

Defense-Wide Manchester Bulk Fuel Storage Tanks Phase 1 ................... 82,000 82,000 

Washington DC 

Defense-Wide Joint Base AnacostiaBolling DIA HQ Cooling Towers and Cond Pumps ..... 0 1,963 

Defense-Wide Joint Base AnacostiaBolling Industrial Controls System Modernization ....... 0 8,749 

Defense-Wide Joint Base AnacostiaBolling PV Carports ..................................................... 0 25,221 

Worldwide Unspecified 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 8,000 8,000 


pbinns on DSKJLVW7X2PROD with BILLS
1150 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

Defense-Wide Unspecified Worldwide 

Locations 

Planning and Design ........................................ 27,746 27,746 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 4,922 4,922 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 17,698 17,698 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 20,000 20,000 

Defense-Wide Unspecified Worldwide 

Locations 

Energy Resilience and Conserv. Invest. Prog. 142,500 142,500 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 3,000 3,000 

Defense-Wide Unspecified Worldwide 

Locations 

Planning and Design ........................................ 10,647 10,647 

Defense-Wide Unspecified Worldwide 

Locations 

ERCIP Design .................................................. 14,250 14,250 

Defense-Wide Unspecified Worldwide 

Locations 

Planning and Design ........................................ 10,303 10,303 

Defense-Wide Unspecified Worldwide 

Locations 

Exercise Related Minor Construction ............... 5,840 5,840 

Defense-Wide Various Worldwide Locations Planning and Design ........................................ 32,624 32,624 

Defense-Wide Various Worldwide Locations Unspecified Minor Construction ....................... 9,726 9,726 

Defense-Wide Various Worldwide Locations Planning and Design ........................................ 64,406 64,406 

Worlwide Unspecified 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design—Military Installation Resiliency.0 50,000 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design—Pacific Deterrence Initiative.0 15,000 

SUBTOTAL DEFENSE-WIDE .......................................................................................... 2,027,520 1,828,933 

ARMY NATIONAL GUARD 

Arizona 

Army National Guard Tucson National Guard Readiness Center .................... 18,100 18,100 

Arkansas 

Army National Guard Fort Chaffee National Guard Readiness Center .................... 0 15,000 

California 

Army National Guard Bakersfield National Guard Vehicle Maintenance Shop ..... 0 9,300 

Colorado 

Army National Guard Peterson Air Force 

Base 

National Guard Readiness Center .................... 15,000 15,000 

Indiana 

Army National Guard Shelbyville National Guard/Reserve Center Building Add/ 

Al.

12,000 12,000 

Kentucky 

Army National Guard Frankfort National Guard/Reserve Center Building ......... 15,000 15,000 

Mississippi 

Army National Guard Brandon National Guard Vehicle Maintenance Shop ..... 10,400 10,400 

Nebraska 

Army National Guard North Platte National Guard Vehicle Maintenance Shop ..... 9,300 9,300 

New Jersey 

Army National Guard Joint Base McGuireDix-Lakehurst National Guard Readiness Center .................... 15,000 15,000 

Ohio 

Army National Guard Columbus National Guard Readiness Center .................... 15,000 15,000 

Oklahoma 

Army National Guard Ardmore National Guard Vehicle Maintenance Shop ..... 0 9,800 

Oregon 

Army National Guard Hermiston Enlisted Barracks, Transient Training ............ 0 15,735 

Army National Guard Hermiston Enlisted Barracks, Transient Training ............ 9,300 9,300 

Puerto Rico 

Army National Guard Fort Allen National Guard Readiness Center .................... 37,000 37,000 

South Carolina 

Army National Guard Joint Base Charleston National Guard Readiness Center .................... 15,000 15,000 

Tennessee 

Army National Guard Mcminnville National Guard Readiness Center .................... 11,200 11,200 

Texas 

Army National Guard Fort Worth National Guard Vehicle Maintenance Shop ..... 7,800 7,800 

Army National Guard Fort Worth Aircraft Maintenance Hangar Addition/Alt ..... 6,000 6,000 

Utah 

Army National Guard Nephi National Guard Readiness Center .................... 12,000 12,000 

Virgin Islands 

Army National Guard St. Croix Army Aviation Support Facility (AASF) ......... 28,000 28,000 

Army National Guard St. Croix CST Ready Building ........................................ 11,400 11,400 

Wisconsin 


pbinns on DSKJLVW7X2PROD with BILLS
1151 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

Army National Guard Appleton National Guard Readiness Center Add/Alt ...... 11,600 11,600 

Worldwide Unspecified 

Army National Guard Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 32,744 32,744 

Army National Guard Unspecified Worldwide 

Locations 

Planning and Design ........................................ 29,593 29,593 

SUBTOTAL ARMY NATIONAL GUARD ...................................................................... 321,437 371,272 

AIR NATIONAL GUARD 

Alabama 

Air National Guard Montgomery Regional 

Airport 

Base Supply Complex ....................................... 0 12,000 

Air National Guard Montgomery Regional 

Airport 

F–35 Simulator Facility ................................... 11,600 11,600 

Guam 

Air National Guard Joint Region Marianas Space Control Facility #5 ................................ 20,000 20,000 

Maryland 

Air National Guard Joint Base Andrews F–16 Mission Training Center ......................... 9,400 9,400 

North Dakota 

Air National Guard Hector International 

Airport 

Consolidated RPA Operations Facility ............ 0 17,500 

Texas 

Air National Guard Joint Base San Antonio F–16 Mission Training Center ......................... 10,800 10,800 

Worldwide Unspecified 

Air National Guard Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 9,000 9,000 

Air National Guard Various Worldwide Locations Planning and Design ........................................ 3,414 3,414 

SUBTOTAL AIR NATIONAL GUARD ........................................................................... 64,214 93,714 

ARMY RESERVE 

Florida 

Army Reserve Gainesville ECS TEMF/Warehouse ................................... 36,000 36,000 

Massachusetts 

Army Reserve Devens Reserve Forces 

Training Area 

Automated Multipurpose Machine Gun Range 8,700 8,700 

North Carolina 

Army Reserve Asheville Army Reserve Center/Land .............................. 24,000 24,000 

Wisconsin 

Army Reserve Fort McCoy Transient Training Barracks ........................... 0 2,500 

Army Reserve Fort McCoy Scout Reconnaissance Range ........................... 14,600 14,600 

Worldwide Unspecified 

Army Reserve Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 3,819 3,819 

Army Reserve Unspecified Worldwide 

Locations 

Planning and Design ........................................ 1,218 1,218 

SUBTOTAL ARMY RESERVE ......................................................................................... 88,337 90,837 

NAVY RESERVE 

Maryland 

Navy Reserve Reisterstown Reserve Training Center, Camp Fretterd, MD 39,500 39,500 

Minnesota 

Navy Reserve NOSC Minneapolis Joint Reserve Intel Center ............................... 0 12,800 

Utah 

Navy Reserve Hill Air Force Base Naval Operational Support Center ................... 25,010 25,010 

Worldwide Unspecified 

Navy Reserve Unspecified Worldwide 

Locations 

MCNR Planning & Design ............................... 3,485 3,485 

Navy Reserve Unspecified Worldwide 

Locations 

MCNR Minor Construction .............................. 3,000 3,000 

SUBTOTAL NAVY RESERVE .......................................................................................... 70,995 83,795 

AIR FORCE RESERVE 

Texas 

Air Force Reserve Fort Worth F–35 Squadron Ops / Aircraft Maintenance 

Unit.

0 25,000 

Air Force Reserve Fort Worth F–35A Simulator Facility ................................ 14,200 14,200 

Worldwide Unspecified 

Air Force Reserve Unspecified Worldwide 

Locations 

Planning & Design ........................................... 3,270 3,270 

Air Force Reserve Unspecified Worldwide 

Locations 

Unspecified Minor Construction ....................... 5,647 5,647 

SUBTOTAL AIR FORCE RESERVE .............................................................................. 23,117 48,117 


pbinns on DSKJLVW7X2PROD with BILLS
1152 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

NATO SECURITY INVESTMENT PROGRAM 

Worldwide Unspecified 

NATO Security Investment Program NATO Security Investment Program NATO Security Investment Program .............. 173,030 173,030 

SUBTOTAL NATO SECURITY INVESTMENT PROGRAM .................................. 173,030 173,030 

TOTAL MILITARY CONSTRUCTION .......................................................................... 6,161,724 6,111,724 

FAMILY HOUSING 

CONSTRUCTION, ARMY 

Italy 

Construction, Army Vicenza Family Housing New Construction .................. 84,100 84,100 

Kwajalein 

Construction, Army Kwajalein Atoll Family Housing Replacement Construction ..... 32,000 32,000 

Worldwide Unspecified 

Construction, Army Unspecified Worldwide 

Locations 

Family Housing P & D .................................... 3,300 3,300 

SUBTOTAL CONSTRUCTION, ARMY .......................................................................... 119,400 119,400 

O&M, ARMY 

Worldwide Unspecified 

O&M, Army Unspecified Worldwide 

Locations 

Management ..................................................... 39,716 39,716 

O&M, Army Unspecified Worldwide 

Locations 

Services ............................................................. 8,135 8,135 

O&M, Army Unspecified Worldwide 

Locations 

Furnishings ....................................................... 18,004 18,004 

O&M, Army Unspecified Worldwide 

Locations 

Miscellaneous .................................................... 526 526 

O&M, Army Unspecified Worldwide 

Locations 

Maintenance ...................................................... 97,789 70,789 

O&M, Army Unspecified Worldwide 

Locations 

Utilities ............................................................. 41,183 41,183 

O&M, Army Unspecified Worldwide 

Locations 

Leasing ............................................................. 123,841 123,841 

O&M, Army Unspecified Worldwide 

Locations 

Housing Privitization Support ......................... 37,948 64,948 

SUBTOTAL O&M, ARMY .................................................................................................. 367,142 367,142 

CONSTRUCTION, NAVY AND MARINE CORPS 

Worldwide Unspecified 

Construction, Navy 

and Marine Corps 

Unspecified Worldwide 

Locations 

USMC DPRI/Guam Planning and Design ...... 2,726 2,726 

Construction, Navy 

and Marine Corps 

Unspecified Worldwide 

Locations 

Construction Improvements .............................. 37,043 37,043 

Construction, Navy 

and Marine Corps 

Unspecified Worldwide 

Locations 

Planning & Design ........................................... 3,128 3,128 

SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS ............................. 42,897 42,897 

O&M, NAVY AND MARINE CORPS 

Worldwide Unspecified 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Utilities ............................................................. 58,429 58,429 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Furnishings ....................................................... 17,977 17,977 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Management ..................................................... 51,006 51,006 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Miscellaneous .................................................... 350 350 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Services ............................................................. 16,743 16,743 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Leasing ............................................................. 62,658 62,658 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Maintenance ...................................................... 85,630 85,630 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Housing Privatization Support ......................... 53,700 78,700 

SUBTOTAL O&M, NAVY AND MARINE CORPS ..................................................... 346,493 371,493 

CONSTRUCTION, AIR FORCE 

Worldwide Unspecified 

Construction, Air 

Force 

Unspecified Worldwide 

Locations 

Construction Improvements .............................. 94,245 94,245 


pbinns on DSKJLVW7X2PROD with BILLS
1153 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

Construction, Air 

Force 

Unspecified Worldwide 

Locations 

Planning & Design ........................................... 2,969 2,969 

SUBTOTAL CONSTRUCTION, AIR FORCE .............................................................. 97,214 97,214 

O&M, AIR FORCE 

Worldwide Unspecified 

O&M, Air Force Unspecified Worldwide 

Locations 

Housing Privatization ....................................... 23,175 48,175 

O&M, Air Force Unspecified Worldwide 

Locations 

Utilities ............................................................. 43,173 43,173 

O&M, Air Force Unspecified Worldwide 

Locations 

Management ..................................................... 64,732 64,732 

O&M, Air Force Unspecified Worldwide 

Locations 

Services ............................................................. 7,968 7,968 

O&M, Air Force Unspecified Worldwide 

Locations 

Furnishings ....................................................... 25,805 25,805 

O&M, Air Force Unspecified Worldwide 

Locations 

Miscellaneous .................................................... 2,184 2,184 

O&M, Air Force Unspecified Worldwide 

Locations 

Leasing ............................................................. 9,318 9,318 

O&M, Air Force Unspecified Worldwide 

Locations 

Maintenance ...................................................... 140,666 140,666 

SUBTOTAL O&M, AIR FORCE ....................................................................................... 317,021 342,021 

O&M, DEFENSE-WIDE 

Worldwide Unspecified 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Utilities ............................................................. 4,100 4,100 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Furnishings ....................................................... 82 82 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Utilities ............................................................. 13 13 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Leasing ............................................................. 12,996 12,996 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Maintenance ...................................................... 32 32 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Furnishings ....................................................... 645 645 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Leasing ............................................................. 36,860 36,860 

SUBTOTAL O&M, DEFENSE-WIDE .............................................................................. 54,728 54,728 

IMPROVEMENT FUND 

Worldwide Unspecified 

Improvement Fund Unspecified Worldwide 

Locations 

Administrative Expenses—FHIF ..................... 5,897 5,897 

SUBTOTAL IMPROVEMENT FUND ............................................................................. 5,897 5,897 

UNACCMP HSG IMPROVEMENT FUND 

Worldwide Unspecified 

Unaccmp HSG Improvement Fund Unspecified Worldwide 

Locations 

Administrative Expenses—UHIF .................... 600 600 

SUBTOTAL UNACCMP HSG IMPROVEMENT FUND ........................................... 600 600 

TOTAL FAMILY HOUSING .............................................................................................. 1,351,392 1,401,392 

DEFENSE BASE REALIGNMENT AND CLOSURE 

ARMY BRAC 

Worldwide Unspecified 

Army BRAC Base Realignment & 

Closure, Army 

Base Realignment and Closure ........................ 66,060 66,060 

SUBTOTAL ARMY BRAC .................................................................................................. 66,060 66,060 

NAVY BRAC 

Worldwide Unspecified 

Navy BRAC Unspecified Worldwide 

Locations 

Base Realignment & Closure ............................ 125,165 125,165 

SUBTOTAL NAVY BRAC .................................................................................................. 125,165 125,165 

AIR FORCE BRAC 

Worldwide Unspecified 


pbinns on DSKJLVW7X2PROD with BILLS
1154 

•S 4049 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

Air Force BRAC Unspecified Worldwide 

Locations 

Dod BRAC Activities—Air Force .................... 109,222 109,222 

SUBTOTAL AIR FORCE BRAC ...................................................................................... 109,222 109,222 

TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE ................................ 300,447 300,447 

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ........ 7,813,563 7,813,563 

1 SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title FY 2021 Request 

Senate 

Authorized 

MILITARY CONSTRUCTION 

ARMY 

Worldwide Unspecified 

Army Unspecified Worldwide 

Locations 

EDI: Planning and Design ................................. 11,903 11,903 

Army Unspecified Worldwide 

Locations 

EDI: Minor Construction ................................... 3,970 3,970 

SUBTOTAL ARMY ................................................................................................................... 15,873 15,873 

NAVY 

Spain 

Navy Rota EDI: Expeditionary Maintenance Facility ......... 27,470 27,470 

Navy Rota EDI: EOD Boat Shop ........................................ 31,760 31,760 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

Planning & Design .............................................. 10,790 10,790 

SUBTOTAL NAVY .................................................................................................................... 70,020 70,020 

AIR FORCE 

Germany 

Air Force Ramstein EDI: Rapid Airfield Damage Repair Storage .... 36,345 36,345 

Air Force Spangdahlem AB EDI: Rapid Airfield Damage Repair Storage .... 25,824 25,824 

Romania 

Air Force Campia Turzii EDI: Dangerous Cargo Pad ............................... 11,000 11,000 

Air Force Campia Turzii EDI: POL Increase Capacity ............................. 32,000 32,000 

Air Force Campia Turzii EDI: ECAOS DABS-FEV Storage Complex ..... 68,000 68,000 

Air Force Campia Turzii EDI: Parking Apron ........................................... 19,500 19,500 

Worldwide Unspecified 

Air Force Unspecified Worldwide 

Locations 

EDI: Unspecified Minor Military Construction 16,400 16,400 

Air Force Various Worldwide Locations EDI: Planning & Design .................................... 54,800 54,800 

SUBTOTAL AIR FORCE ........................................................................................................ 263,869 263,869 

TOTAL MILITARY CONSTRUCTION .............................................................................. 349,762 349,762 

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ............ 349,762 349,762 


pbinns on DSKJLVW7X2PROD with BILLS
1155 

•S 4049 RS

1 TITLE XLVII—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

5 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2021 

Request 

Senate 

Authorized 

Discretionary Summary by Appropriation 

Energy and Water Development and Related Agencies 

Appropriation Summary: 

Energy Programs 

Nuclear energy .................................................................................... 137,800 137,800 

Atomic Energy Defense Activities 

National Nuclear Security Administration: 

Federal Salaries and Expenses .................................................... 454,000 454,000 

Weapons activities ....................................................................... 15,602,000 15,602,000 

Defense nuclear nonproliferation ................................................. 2,031,000 2,031,000 

Naval reactors .............................................................................. 1,684,000 1,684,000 

Total, National Nuclear Security Administration .......................... 19,771,000 19,771,000 

Defense environmental cleanup ........................................................... 4,983,608 5,083,608 

Other defense activities ....................................................................... 1,054,727 904,727 

Total, Atomic Energy Defense Activities ........................................... 25,809,335 25,759,335 

Total, Discretionary Funding ................................................................. 25,947,135 25,897,135 

Nuclear Energy 

Idaho sitewide safeguards and security .............................................................. 137,800 137,800 

Total, Nuclear Energy ............................................................................... 137,800 137,800 

National Nuclear Security Administration 

Federal Salaries and Expenses 

Program direction ............................................................................................... 454,000 454,000

Weapons Activities 

Stockpile management 

Stockpile major modernization 

B61 Life extension program ............................................................... 815,710 815,710 

W76 Life extension program ............................................................... 0 0 

W76–2 Modification program ............................................................. 0 0 

W88 Alteration program ..................................................................... 256,922 256,922 

W80–4 Life extension program ........................................................... 1,000,314 1,000,314 

W87–1 Modification Program (formerly IW1) ................................... 541,000 541,000 

W93 ..................................................................................................... 53,000 53,000 

Total, Stockpile major modernization ................................................ 2,666,946 2,666,946 

Stockpile sustainment ................................................................................. 998,357 998,357 

Weapons dismantlement and disposition .................................................... 50,000 50,000 

Production operations ................................................................................. 568,941 568,941 

Total, Stockpile management ................................................................. 4,284,244 4,284,244 

Production modernization 

Primary capability modernization 

Plutonium modernization 

Los Alamos plutonium modernization 


pbinns on DSKJLVW7X2PROD with BILLS
1156 

•S 4049 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2021 

Request 

Senate 

Authorized 

Los Alamos Plutonium Operations ...................................... 610,599 610,599 

21–D–512, Plutonium Pit Production Project, LANL ....... 226,000 226,000 

Subtotal, Los Alamos plutonium modernization ............................ 836,599 836,599 

Savannah River plutonium modernization 

Savannah River plutonium operations ................................. 200,000 200,000 

21–D–511, Savannah River Plutonium Processing Facility, 

SRS .................................................................................. 241,896 241,896 

Subtotal, Savannah River plutonium modernization ................... 441,896 441,896 

Enterprise Plutonium Support .................................................... 90,782 90,782 

Total, Plutonium Modernization ........................................................... 1,369,277 1,369,277 

High Explosives & Energetics ............................................................. 67,370 67,370 

Total, Primary capability modernization .......................................... 1,436,647 1,436,647 

Secondary Capability Modernization ........................................................... 457,004 457,004 

Tritium and Domestic Uranium Enrichment ............................................. 457,112 457,112 

Non-Nuclear Capability Modernization ....................................................... 107,137 107,137 

Total, Production modernization .......................................................... 2,457,900 2,457,900 

Stockpile research, technology, and engineering 

Assessment science ...................................................................................... 773,111 773,111 

Engineering and integrated assessments .................................................... 337,404 337,404 

Intertial confinement fusion ........................................................................ 554,725 554,725 

Advanced simulation and computing .......................................................... 732,014 732,014 

Weapon technology and manufacturing maturation ................................... 297,965 297,965 

Academic programs ..................................................................................... 86,912 86,912 

Total, Stockpile research, technology, and engineering .............. 2,782,131 2,782,131 

Infrastructure and operations 

Operating 

Operations of facilities ........................................................................ 1,014,000 1,014,000 

Safety and Environmental Operations ................................................ 165,354 165,354 

Maintenance and Repair of Facilities ................................................. 792,000 792,000 

Recapitalization 

Infrastructure and Safety ............................................................ 670,000 670,000 

Capabilities Based Investments ................................................... 149,117 149,117 

Planning for Programmatic Construction (Pre-CD–1) ............... 84,787 84,787 

Subtotal, Recapitalization ....................................................................... 903,904 903,904 

Total, Operating ........................................................................................... 2,875,258 2,875,258 

I&O: Construction 

Programmatic 

21–D–510, HE Synthesis, Formulation, and Production Facility, PX ..................................................................................... 31,000 31,000 

18–D–690, Lithium Processing Facility, Y–12 .......................... 109,405 109,405 

18–D–650, Tritium Finishing Facility, SRS .............................. 27,000 27,000 

18–D–620, Exascale Computing Facility Modernization 

Project, LLNL ......................................................................... 29,200 29,200 

17–D–640, U1a Complex Enhancements Project, NNSS .......... 160,600 160,600 

15–D–302, TA–55 Reinvestment Project—Phase 3, LANL ...... 30,000 30,000 

15–D–301, HE Science & Engineering Facility, PX .................. 43,000 43,000 

07–D–220-04, Transuranic Liquid Waste Facility, LANL ........ 36,687 36,687 

06–D–141, Uranium Processing Facility, Y–12 ......................... 750,000 750,000 

04–D–125, Chemistry and Metallurgy Research Replacement 

Project, LANL ......................................................................... 169,427 169,427 

Total, Programmatic .................................................................................. 1,386,319 1,386,319 

Mission enabling 

19–D–670, 138kV Power Transmission System Replacement, 

NNSS ....................................................................................... 59,000 59,000 

15–D–612, Emergency Operations Center, LLNL ..................... 27,000 27,000 

15–D–611, Emergency Operations Center, SNL ........................ 36,000 36,000 

Total, Mission enabling ............................................................................. 122,000 122,000 

Total, I&O construction ............................................................................ 1,508,319 1,508,319 

Total, Infrastructure and operations .................................................. 4,383,577 4,383,577 

Secure transportation asset 

Operations and equipment .......................................................................... 266,390 266,390 

Program direction ....................................................................................... 123,684 123,684 

Total, Secure transportation asset ....................................................... 390,074 390,074 

Defense nuclear security 


pbinns on DSKJLVW7X2PROD with BILLS
1157 

•S 4049 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2021 

Request 

Senate 

Authorized 

Operations and maintenance ....................................................................... 815,895 815,895 

Security improvements program ................................................................. 0 0 

Construction: 

17–D–710, West end protected area reduction project, Y–12 ............ 11,000 11,000 

Subtotal, construction ............................................................................... 11,000 11,000 

Total, Defense nuclear security ............................................................. 826,895 826,895 

Information technology and cybersecurity ...................................... 375,511 375,511 

Legacy contractor pensions .................................................................... 101,668 101,668 

Total, Weapons activities ......................................................................... 16,056,000 16,056,000 

Adjustments 

Use of prior year balances .......................................................................... 0 0 

Total, Adjustments ...................................................................................... 0 0 

Total, Weapons Activities ......................................................................... 15,602,000 15,602,000 

Defense Nuclear Nonproliferation 

Defense Nuclear Nonproliferation Programs 

Material management and minimization 

Conversion (formerly HEU Reactor Conversion) ............................... 170,000 170,000 

Nuclear material removal .................................................................... 40,000 40,000 

Material disposition ............................................................................. 190,711 190,711 

Laboratory and partnership support ................................................... 0 0 

Total, Material management & minimization .................................. 400,711 400,711 

Global material security .............................................................................. 0 

International nuclear security ............................................................. 66,391 66,391 

Domestic radiological security ............................................................. 101,000 101,000 

International radiological security ....................................................... 73,340 73,340 

Nuclear smuggling detection and deterrence ...................................... 159,749 159,749 

Total, Global material security .............................................................. 400,480 400,480 

Nonproliferation and arms control ............................................................. 138,708 138,708 

National Technical Nuclear Forensics R&D ............................................... 40,000 40,000 

Defense nuclear nonproliferation R&D 

Proliferation detection ......................................................................... 235,220 235,220 

Nonproliferation Stewardship program ....................................... 59,900 59,900 

Nuclear detonation detection ............................................................... 236,531 236,531 

Nonproliferation fuels development ..................................................... 0 0 

Total, Defense Nuclear Nonproliferation R&D ................................ 531,651 531,651 

Nonproliferation construction 

U. S. Construction: 

18–D–150 Surplus Plutonium Disposition Project ..................... 148,589 148,589 

99–D–143, Mixed Oxide (MOX) Fuel Fabrication Facility, 

SRS .......................................................................................... 0 0 

Total, U. S. Construction: ......................................................................... 148,589 148,589 

Total, Nonproliferation construction .................................................. 148,589 148,589 

Total, Defense Nuclear Nonproliferation Programs ...................... 1,660,139 1,660,139 

Legacy contractor pensions ................................................................................ 14,348 14,348 

Nuclear counterterrorism and incident response program 

Emergency Operations ................................................................................ 36,000 36,000 

Counterterrorism and Counterproliferation ................................................ 341,513 341,513 

Total, Nuclear counterterrorism and incident response program .............................................................................................................. 377,513 377,513 

Subtotal, Defense Nuclear Nonproliferation .................................... 2,052,000 2,052,000 

Adjustments 

Use of prior year balances .......................................................................... –21,000 –21,000 

Total, Adjustments ...................................................................................... –21,000 –21,000 

Total, Defense Nuclear Nonproliferation ........................................... 2,031,000 2,031,000 

Naval Reactors 

Naval reactors development ................................................................................ 590,306 590,306 

Columbia-Class reactor systems development ..................................................... 64,700 64,700 

S8G Prototype refueling ..................................................................................... 135,000 135,000 

Naval reactors operations and infrastructure ..................................................... 506,294 506,294 

Program direction ............................................................................................... 53,700 53,700 


pbinns on DSKJLVW7X2PROD with BILLS
1158 

•S 4049 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2021 

Request 

Senate 

Authorized 

Construction: 

21–D–530 KL Steam and Condensate Upgrades ...................................... 4,000 4,000 

14–D–901, Spent fuel handling recapitalization project, NRF .................. 330,000 330,000 

Total, Construction ..................................................................................... 334,000 334,000 

Transfer to NE—Advanced Test Reactor (non-add) ......................................... 0 0 

Total, Naval Reactors ................................................................................ 1,684,000 1,684,000 

TOTAL, National Nuclear Security Administration ...................... 19,771,000 19,771,000 

Defense Environmental Cleanup 

Closure sites administration ........................................................................ 4,987 4,987 

Richland: 

River corridor and other cleanup operations .............................................. 54,949 54,949 

Central plateau remediation ........................................................................ 498,335 498,335 

Richland community and regulatory support ............................................. 2,500 2,500 

18–D–404 Modification of Waste Encapsulation and Storage Facility ..... 0 0 

Total, Richland ............................................................................................. 555,784 555,784 

Office of River Protection: 

Waste Treatment Immobilization Plant Commissioning ............................ 50,000 50,000 

Rad liquid tank waste stabilization and disposition ................................... 597,757 597,757 

Construction: 

18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW ......................................................................... 609,924 609,924 

15–D–409 Low activity waste pretreatment system, ORP ......... 0 0 

01–D–16 D, High-level waste facility ......................................... 0 0 

01–D–16 E, Pretreatment Facility ............................................. 0 0 

Total, Construction ..................................................................................... 609,924 609,924 

ORP Low-level waste offsite disposal ......................................................... 0 0 

Total, Office of River Protection ........................................................... 1,257,681 1,257,681 

Idaho National Laboratory: 

Idaho cleanup and waste disposition .......................................................... 257,554 257,554 

ID Excess facilities R&D ............................................................................ 0 0 

Idaho community and regulatory support .................................................. 2,400 2,400 

Total, Idaho National Laboratory ......................................................... 259,954 259,954 

NNSA sites and Nevada off-sites 

Lawrence Livermore National Laboratory ................................................. 1,764 1,764 

LLNL Excess facilities R&D ...................................................................... 0 0 

Separations Process Research Unit ............................................................ 15,000 15,000 

Nevada Test Site ......................................................................................... 60,737 60,737 

Sandia National Laboratories ..................................................................... 4,860 4,860 

Los Alamos National Laboratory ............................................................... 120,000 220,000 

Execute achievable scope of work ....................................................... (100,000) 

Total, NNSA sites and Nevada off-sites .............................................. 202,361 302,361 

Oak Ridge Reservation: 

OR Nuclear facility D & D ......................................................................... 109,077 109,077 

U233 Disposition Program ......................................................................... 45,000 45,000 

OR cleanup and waste disposition .............................................................. 58,000 58,000 

Construction: 

17–D–401 On-site waste disposal facility ........................................... 22,380 22,380 

14–D–403 Outfall 200 Mercury Treatment Facility .......................... 20,500 20,500 

Subtotal, Construction: ............................................................................. 42,880 42,880 

OR community & regulatory support .......................................................... 4,930 4,930 

OR technology development and deployment .............................................. 3,000 3,000 

Total, Oak Ridge Reservation ................................................................ 262,887 262,887 

Savannah River Site: 

Savannah River risk management operations ............................................. 455,122 455,122 

SR community and regulatory support ....................................................... 4,989 4,989 

Radioactive liquid tank waste: 

Construction: 

20-D–402 Advanced Manufacturing Collaborative Facility (AMC) ... 25,000 25,000 

20-D–401 Saltstone Disposal Unit #10, 11, 12 ................................ 0 0 

19–D–701 SR Security system replacement ....................................... 0 0 

18–D–402,Saltstone disposal unit #8/9 ............................................. 65,500 65,500 

17–D–402—Saltstone Disposal Unit #7 ............................................ 10,716 10,716 

05–D–405 Salt waste processing facility, SRS ................................... 0 0 


pbinns on DSKJLVW7X2PROD with BILLS
1159 

•S 4049 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2021 

Request 

Senate 

Authorized 

Total, Construction, Radioactive liquid tank waste ...................... 101,216 101,216 

Radioactive liquid tank waste stabilization ................................................. 970,332 970,332 

Total, Savannah River Site ...................................................................... 1,531,659 1,531,659 

Waste Isolation Pilot Plant 

Waste Isolation Pilot Plant ......................................................................... 323,260 323,260 

Construction: 

15–D–411 Safety significant confinement ventilation system, WIPP 0 0 

15–D–412 Exhaust shaft, WIPP ........................................................ 50,000 50,000 

21–D–401 Hoisting Capability Project ............................................... 10,000 10,000 

Total, Construction ..................................................................................... 60,000 60,000 

Total, Waste Isolation Pilot Plant ......................................................... 383,260 383,260 

Program direction—Defense Environment Cleanup .......................................... 275,285 275,285 

Program support—Defense Environment Cleanup ............................................ 12,979 12,979 

Safeguards and Security—Defense Environment Cleanup ................................ 320,771 320,771 

Technology development and deployment ........................................................... 25,000 25,000 

Use of prior year balances .................................................................................. 0 0 

Subtotal, Defense environmental cleanup ........................................ 5,092,608 5,192,608 

Rescission: 

Rescission of prior year balances ................................................................ –109,000 –109,000 

TOTAL, Defense Environmental Cleanup ......................................... 4,983,608 5,083,608 

Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security mission support ......................... 134,320 134,320 

Program direction ....................................................................................... 75,368 75,368 

Total, Environment, health, safety and security ............................ 209,688 209,688 

Independent enterprise assessments 

Enterprise assessments ............................................................................... 26,949 26,949 

Program direction—Office of Enterprise Assessments .............................. 54,635 54,635 

Total, Office of Enterprise Assessments ............................................. 81,584 81,584 

Specialized security activities .............................................................................. 258,411 258,411 

Office of Legacy Management 

Legacy management activities—defense ..................................................... 293,873 143,873 

Maintain current program administration .......................................... (–150,000) 

Program direction ....................................................................................... 23,120 23,120 

Total, Office of Legacy Management ................................................... 316,993 166,993 

Defense related administrative support .............................................................. 183,789 183,789 

Office of hearings and appeals ........................................................................... 4,262 4,262 

Subtotal, Other defense activities ........................................................ 1,054,727 904,727 

Use of prior year balances .................................................................................. 0 0 

Total, Other Defense Activities .............................................................. 1,054,727 904,727 


pbinns on DSKJLVW7X2PROD with BILLS
Calendar No. 483 

116TH CONGRESS 

2D SESSION S. 4049 

A BILL 

To authorize appropriations for fiscal year 2021 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

JUNE 23, 2020 

Read twice and placed on the calendar 


pbinns on DSKJLVW7X2PROD with BILLS