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(2) Cost and schedule estimates for each new or 
ongoing program to reach initial operational capa-
bility, including the timeline for transition of any 
program currently funded using defense-wide funds to 
one or more military services and the identified tran-
sition partner in such military services. 
(3) In consultation with the Assistant Secretary 
of Defense for Nuclear, Chemical, and Biological De-
fense programs, an assessment of physical security re-
quirements for use of such reactors on domestic mili-
tary installations and non-United States nondomestic 
installations or locations, including fully permissive, 
semi-permissive, and remote environments, including 
a preliminary design basis threat analysis. 
(4) In coordination with the Secretary of 
State— 
(A) an assessment of any agreements or 
changes to agreements that would be required for 
use of such reactors on non-United States terri-
tory; 
(B) an assessment of applicability of foreign 
regulations or International Atomic Energy 
Agency safeguards for use on non-United States 
territory; and
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(C) other policy implications of deployment 
of such systems on non-United States territory. 
(5) In coordination with the Chairman of the 
Nuclear Regulatory Commission, a summary of li-
censing requirements for operation of such systems on 
United States territory. 
(6) A summary of requirements pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) for development and operation on 
United States territory. 
(7) In consultation with the General Counsel of 
the Department of Defense, an assessment of any 
issues relating to indemnification for operation on 
United States or non-United States territory and any 
other relevant legal matters. 
(8) In coordination with the Secretary of State 
and the Secretary of Energy, a determination of 
whether development, production, and deployment of 
such systems would require unobligated enriched ura-
nium fuel. 
(9) If the determination in paragraph (8) is that 
unobligated fuel would be required, in coordination 
with the Administrator for Nuclear Security, an as-
sessment of the availability of such unobligated en-
riched uranium fuel, by year, for the estimated life of
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the program, considered with other United States 
Government demands for such fuel, including tritium 
production, naval nuclear propulsion, and medical 
isotope production. 
(10) Any other considerations the Secretary de-
termines relevant. 
(c) CONSULTATION.—In addition to consultation and 
coordination required under subsection (b), the Secretary 
shall, in producing the report required by subsection (a), 
consult with the Secretary of the Army, the Chairman of 
the Joint Chiefs of Staff, the Under Secretary of Defense 
for Policy, the Director of Naval Nuclear Propulsion, and 
such other officials as the Secretary considers necessary. 
(d) FORM.—The report submitted under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, the Committee on 
Energy and Natural Resources, the Committee 
on Environment and Public Works, and the 
Committee on Foreign Relations of the Senate; 
and
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(B) the Committee on Armed Services, the 
Committee on Appropriations, the Committee on 
Energy and Commerce, the Committee on Nat-
ural Resources, and the Committee on Foreign 
Affairs of the House of Representatives. 
(2) The term ‘‘micro nuclear reactor’’means a 
nuclear reactor with a production capacity of less 
than 20 megawatts. 
SEC. 236. MODIFICATION TO TEST RESOURCE MANAGE-
MENT CENTER STRATEGIC PLAN REPORTING 
CYCLE AND CONTENTS. 
(a) QUADRENNIAL STRATEGIC PLAN.—Section 196 of 
title 10, United States Code, is amended— 
(1) in subsections (c)(1)(C) and (e)(2)(B), by in-
serting ‘‘quadrennial’’ before ‘‘strategic plan’’; and 
(2) in subsection (d)— 
(A) in the heading, by inserting ‘‘QUADREN-
NIAL’’ before ‘‘STRATEGIC PLAN’’; and 
(B) by inserting ‘‘quadrennial’’ before 
‘‘strategic plan’’ each place it occurs. 
(b) TIMING
AND COVERAGE
OF PLAN.—Subsection 
(d)(1) of such section, as amended by subsection (a)(2), is 
further amended— 
(1) in the first sentence, by striking ‘‘two fiscal 
years’’ and inserting ‘‘four fiscal years, and within
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one year after release of the National Defense Strat-
egy,’’ ; and 
(2) in the second sentence, by striking ‘‘thirty 
fiscal years’’ and inserting ‘‘15 fiscal years’’. 
(c) AMENDMENT TO CONTENTS OF PLAN.—Subsection 
(d)(2) of such section, as amended by subsection (a)(2), is 
further amended— 
(1) by striking subparagraph (B); 
(2) by redesignating subparagraphs (C) through 
(G) as subparagraphs (B) through (F), respectively; 
and 
(3) in subparagraph (B), as redesignated by 
paragraph (2), by striking ‘‘based on current’’ and all 
that follows through the end and inserting ‘‘for test 
and evaluation of the Department of Defense major 
weapon systems based on current and emerging 
threats.’’. 
(d) ANNUAL UPDATE TO PLAN.—Subsection (d) of 
such section is amended by adding at the end the following 
new paragraph: 
‘‘(5)(A) In addition to the quadrennial strategic plan 
completed under paragraph (1), the Director of the Depart-
ment of Defense Test Resource Management Center shall 
also complete an annual update to the quadrennial strategic 
plan.
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‘‘(B) Each annual update completed under subpara-
graph (A) shall include the following: 
‘‘(i) A summary of changes to the assessment 
provided in the most recent quadrennial strategic 
plan. 
‘‘(ii) Comments and recommendations the Direc-
tor considers appropriate. 
‘‘(iii) Test and evaluation challenges raised since 
the completion of the most recent quadrennial stra-
tegic plan. 
‘‘(iv) Actions taken or planned to address such 
challenges.’’. 
(e) TECHNICAL CORRECTION.—Subsection (d)(1) of 
such, as amended by subsections (a)(2) and (b), is further 
amended by striking ‘‘Test Resources Management Center’’ 
and inserting ‘‘Test Resource Management Center’’. 
SEC. 237. LIMITATION ON CONTRACT AWARDS FOR CER-
TAIN UNMANNED VESSELS. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated for fiscal year 2021 by section 201 for re-
search, development, test, and evaluation may be used for 
the award of a contract for a covered vessel until the date 
that is 30 days after the date on which the Under Secretary 
of Defense for Research and Engineering submits to the con-
gressional defense committees a report and certification de-
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† HR 6395 EAS 
scribed in subsection (c) for such contract and covered ves-
sel. 
(b) COVERED VESSELS.—For purposes of this section, 
a covered vessel is one of the following: 
(1) A large unmanned surface vessel (LUSV). 
(2) 
A 
medium 
unmanned 
surface 
vehicle 
(MUSV). 
(3) A large displacement unmanned undersea ve-
hicle (LDUUV). 
(4) An extra-large unmanned undersea vehicle 
(XLUUV). 
(c) REPORT AND CERTIFICATION DESCRIBED.—A re-
port and certification described in this subsection regarding 
a contract for a covered vessel is— 
(1) a report— 
(A) submitted to the congressional defense 
committees not later than 60 days after the date 
of the completion of an independent technical 
risk assessment for such covered vessel; and 
(B) on the findings of the Under Secretary 
with respect to such assessment; and 
(2) a certification, submitted to the congressional 
defense committees with the report described in para-
graph (1), that certifies that—
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(A) the Under Secretary has determined, in 
conjunction with the Senior Technical Authority 
designated under section 8669b(a)(1) of title 10, 
United States Code, for the class of naval vessels 
that includes the covered vessel, that the critical 
mission, hull, mechanical, and electrical sub-
systems of the covered vessel— 
(i) have been demonstrated in vessel- 
representative form, fit, and function; and 
(ii) have achieved performance levels 
equal to or greater than applicable Depart-
ment of Defense threshold requirements for 
such class of vessels; and 
(B) such contract is necessary to meet De-
partment research, development, test, and eval-
uation objectives for such covered vessel that can-
not otherwise be met through further land-based 
subsystem prototyping or other demonstration 
approaches. 
(d) CRITICAL MISSION, HULL, MECHANICAL, AND 
ELECTRICAL SUBSYSTEMS DEFINED.—In this section, the 
term ‘‘critical mission, hull, mechanical, and electrical sub-
systems’’, with respect to a covered vessel, includes the fol-
lowing subsystems:
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(1) Command, control, communications, com-
puters, intelligence, surveillance, and reconnaissance. 
(2) Autonomous vessel navigation, vessel control, 
contact management, and contact avoidance. 
(3) 
Communications 
security, 
including 
cryptopgraphy, encryption, and decryption. 
(4) Main engines, including the lube oil, fuel oil, 
and other supporting systems. 
(5) Electrical generation and distribution, in-
cluding supporting systems. 
(6) Military payloads. 
(7) Any other subsystem identified as critical by 
the Senior Technical Authority designated under sec-
tion 8669b(a)(1) of title 10, United States Code, for 
the class of naval vessels that includes the covered ves-
sel. 
SEC. 238. DOCUMENTATION RELATING TO THE ADVANCED 
BATTLE MANAGEMENT SYSTEM. 
(a) DOCUMENTATION REQUIRED.—Immediately upon 
the enactment of this Act, the Secretary of the Air Force 
shall submit to the congressional defense committees the fol-
lowing documentation relating to the Advanced Battle Man-
agement System:
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(1) A list that identifies each program, project, 
and activity that contributes to the architecture of the 
Advanced Battle Management System. 
(2) The final analysis of alternatives for the Ad-
vanced Battle Management System. 
(3) The requirements for the networked data ar-
chitecture necessary for the Advanced Battle Manage-
ment System to provide multidomain command and 
control and battle management capabilities and a de-
velopment schedule for such architecture. 
(b) LIMITATION.—Of the funds authorized to be appro-
priated by this Act for fiscal year 2021 for operations and 
maintenance for the Office of the Secretary of the Air Force, 
not more than 25 percent may be obligated until the date 
that is 30 days after the date on which the Secretary of 
the Air Force submits to the congressional defense commit-
tees the documentation required by subsection (a) and the 
Vice Chairman of the Vice Chairman of the Joint Chiefs 
certifies the documentation. 
(c) ADVANCED BATTLE MANAGEMENT SYSTEM.—In 
this section, the term ‘‘Advanced Battle Management Sys-
tem’’ means the Advanced Battle Management System of 
Systems capability of the Air Force, including each pro-
gram, project, and activity that contributes to such capa-
bility.
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SEC. 239. ARMED SERVICES VOCATIONAL APTITUDE BAT-
TERY TEST SPECIAL PURPOSE ADJUNCT TO 
ADDRESS COMPUTATIONAL THINKING. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall establish a special 
purpose test adjunct to the Armed Services Vocational Apti-
tude Battery test to address computational thinking skills 
relevant to military applications, including problem decom-
position, abstraction, pattern recognition, analytical abil-
ity, the identification of variables involved in data rep-
resentation, and the ability to create algorithms and solu-
tion expressions. 
SEC. 240. REPORT ON USE OF TESTING FACILITIES TO RE-
SEARCH AND DEVELOP HYPERSONIC TECH-
NOLOGY. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the costs and ben-
efits of the use and potential refurbishment of existing oper-
ating and mothballed Federal research and testing facilities 
to support hypersonics activities of the Department of De-
fense.
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SEC. 241. STUDY AND PLAN ON THE USE OF ADDITIVE MAN-
UFACTURING AND THREE-DIMENSIONAL BIO-
PRINTING IN SUPPORT OF THE WARFIGHTER. 
(a) STUDY.—The Secretary of Defense shall conduct a 
study on the use of additive manufacturing and three-di-
mensional bioprinting across the Military Health System. 
(b) ELEMENTS.—The study required by subsection (a) 
shall examine the activities currently underway by each of 
the military services and the Department agencies, includ-
ing costs, sources of funding, oversight, collaboration, and 
outcomes. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Rep-
resentatives a report on the results of the study conducted 
under subsection (a). 
SEC. 242. ELEMENT IN ANNUAL REPORTS ON CYBER 
SCIENCE AND TECHNOLOGY ACTIVITIES ON 
WORK WITH ACADEMIC CONSORTIA ON HIGH 
PRIORITY CYBERSECURITY RESEARCH AC-
TIVITIES IN DEPARTMENT OF DEFENSE CAPA-
BILITIES. 
Section 257(b)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 133 Sta.
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† HR 6395 EAS 
1291) is amended by adding at end the following new sub-
paragraph: 
‘‘(J) Efforts to work with academic con-
sortia on high priority cybersecurity research ac-
tivities.’’. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2021 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4301. 
Subtitle B—Energy and 
Environment 
SEC. 311. MODIFICATIONS AND TECHNICAL CORRECTIONS 
TO ENSURE RESTORATION OF CONTAMINA-
TION BY PERFLUOROOCTANE SULFONATE 
AND PERFLUOROOCTANOIC ACID. 
(a) DEFINITION FOR PFOA AND PFOS.—Section 2700 
of title 10, United States Code, is amended by adding at 
the end the following new paragraphs:
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† HR 6395 EAS 
‘‘(g) SOLE
SOURCE
OF
FUNDS
FOR
RESPONSES 
UNDER THIS CHAPTER.—Except as provided in subsection 
(h), the sole source of funds for all phases of a response 
under this chapter shall be the applicable environmental 
restoration account established under subsection (a).’’; and 
(4) in subsection (h)— 
(A) in the subsection heading, by striking 
‘‘ENVIRONMENTAL REMEDIATION’’ and inserting 
‘‘RESPONSES’’; and 
(B) by striking ‘‘services procured under 
section 2701(d)(1) of this title’’ and inserting ‘‘a 
response’’. 
(c) MODIFICATION
OF AUTHORITY
FOR ENVIRON-
MENTAL RESTORATION PROJECTS OF NATIONAL GUARD.— 
(1) IN GENERAL.—Section 2707(e) of such title is 
amended— 
(A) by striking ‘‘Notwithstanding’’ and in-
serting ‘‘(1) Notwithstanding’’; 
(B) by inserting ‘‘where military activities 
are conducted by the National Guard of a State 
under title 32’’ after ‘‘facility’’; and 
(C) by adding at the end the following new 
paragraph:
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† HR 6395 EAS 
‘‘(2) The Secretary concerned may use the authority 
under section 2701(d) of this title to carry out environ-
mental restoration projects under paragraph (1).’’. 
(2) CORRECTION OF DEFINITION OF FACILITY.— 
Paragraph (2) of section 2700 of such title is amend-
ed— 
(A) in subparagraph (A), by striking ‘‘(A) 
The terms’’ and inserting ‘‘The terms’’; and 
(B) by striking subparagraph (B). 
(d) EXTENSION OF CONTRACT AUTHORITY.—Section 
2708(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘fiscal years 
1992 through 1996’’ and inserting ‘‘a period specified 
in paragraph (3)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) A period specified in this paragraph is— 
‘‘(A) the period of fiscal years 1992 through 
1996; or 
‘‘(B) on or after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 
2021.’’. 
(e) TECHNICAL CONSISTENCY
FOR MUNITIONS RE-
SPONSE.—
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† HR 6395 EAS 
(1) PROGRAM
GOALS.—Section 2701(b)(2) of 
such title is amended by striking ‘‘of unexploded ord-
nance’’ and inserting ‘‘of unexploded ordnance, dis-
carded military munitions, and munitions constitu-
ents in a manner consistent with section 2710 of this 
title’’. 
(2) ENVIRONMENTAL RESTORATION ACCOUNTS.— 
Section 2703(b) of such title is amended by striking 
the second sentence and inserting the following new 
sentence: ‘‘Such remediation shall be conducted in a 
manner consistent with section 2710 of this title.’’. 
(3) TRANSFER OF DEFINITIONS.— 
(A) TRANSFER.—Paragraphs (2) and (3) of 
section 2710(e) of such title are— 
(i) transferred to section 2700 of such 
title; 
(ii) added at the end of such section; 
and 
(iii) redesignated as paragraphs (6) 
and (7), respectively. 
(B) REDESIGNATION OF DEFINITIONS.—Sec-
tion 2710(e) of such title is amended by redesig-
nating paragraphs (4) through (7) as para-
graphs (2) through (5), respectively.
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† HR 6395 EAS 
(4) CONFORMING AMENDMENTS.—Section 313(d) 
of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 10 
U.S.C. 2710 note) is amended— 
(A) in paragraph (2)— 
(i) by striking ‘‘ ‘discarded military 
munitions’, ‘munitions constituents’, and 
‘defense sites’ ’’ and inserting ‘‘ ‘discarded 
military munitions’ and ‘munitions con-
stituents’ ’’; and 
(ii) by striking ‘‘section 2710(e)’’ and 
inserting ‘‘section 2700’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) The term ‘defense site’ has the meaning 
given such term in section 2710(e) of such title.’’. 
(f) TECHNICAL CORRECTION REGARDING COOPERA-
TIVE AGREEMENTS.—Section 332(a)(2) of the National De-
fense Authorization Act for Fiscal Year 2020 (Public Law 
116–92) is amended, in the matter preceding subparagraph 
(A), by striking ‘‘shall meet or exceed the most stringent 
of the following’’ and inserting ‘‘relating to a response shall 
reflect application to the response of the most protective of 
the following’’.
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† HR 6395 EAS 
SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION 
INTEGRATION PROGRAM TECHNICAL EDITS 
AND CLARIFICATION. 
(a) USE OF FUNDS.—Section 2684a(i) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(3) Funds obligated to carry out an agreement under 
this section shall be available for use with regard to any 
property in the geographic scope specified in the agree-
ment— 
‘‘(A) at the time the funds are obligated; and 
‘‘(B) in any subsequent modification to the 
agreement.’’. 
(b) CLARIFICATION OF REFERENCES TO ELIGIBLE EN-
TITIES.— 
(1) DEFINITION.—Subsection (b) of section 
2684a of title 10, United States Code, is amended, in 
the matter preceding paragraph (1), by striking ‘‘An 
agreement under this section may be entered into 
with’’ and inserting ‘‘For purposes of this section, an 
eligible entity is’’. 
(2) ACQUISITION
OF
PROPERTY
AND
INTER-
ESTS.—Subsection (d)(1) of such section is amended 
by striking ‘‘the entity or entities’’ each place it ap-
pears and inserting ‘‘an eligible entity or entities’’.
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† HR 6395 EAS 
(3) RETROACTIVE
APPLICATION.—The amend-
ments made by paragraphs (1) and (2) shall apply 
to any agreement entered into under section 2684a of 
title 10, United States Code, on or after December 2, 
2002. 
SEC. 313. SURVEY AND MARKET RESEARCH OF TECH-
NOLOGIES FOR PHASE OUT BY DEPARTMENT 
OF DEFENSE OF USE OF FLUORINATED AQUE-
OUS FILM-FORMING FOAM. 
(a) SURVEY OF TECHNOLOGIES AND MARKET RE-
SEARCH.— 
(1) IN GENERAL.—The Secretary of Defense shall 
conduct a survey and market research of relevant 
technologies, other than fire-fighting agent solutions, 
to determine whether any such technologies are avail-
able and can be adapted quickly for use by the De-
partment of Defense to execute the phase-out by the 
Department of the use of fluorinated aqueous film- 
forming foam. 
(2) TECHNOLOGIES INCLUDED.—The technologies 
surveyed or researched under paragraph (1) shall in-
clude the following: 
(A) Hangar flooring systems. 
(B) Liquid drainage flood assemblies. 
(C) Fire-fighting agent delivery systems.
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† HR 6395 EAS 
(D) Containment systems. 
(E) Such other relevant technologies as the 
Secretary determines appropriate. 
(b) BRIEFING.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
shall brief the congressional defense committees on the 
results of the survey and market research conducted 
under subsection (a). 
(2) ELEMENTS OF BRIEFING.—The briefing re-
quired under paragraph (1) shall include the fol-
lowing: 
(A) A description of the technologies sur-
veyed and researched under subsection (a). 
(B) An identification of any such tech-
nologies that were considered for further testing 
or analysis. 
(C) An identification of any other tech-
nologies useful for the phase-out by the Depart-
ment of the use of fluorinated aqueous film-form-
ing foam that are undergoing additional anal-
ysis for possible application within the Depart-
ment.
146 
† HR 6395 EAS 
SEC. 314. MODIFICATION OF AUTHORITY TO CARRY OUT 
MILITARY 
INSTALLATION 
RESILIENCE 
PROJECTS. 
(a) MODIFICATION OF AUTHORITY.—Section 2815 of 
title 10, United States Code is amended— 
(1) in subsection (a), by inserting ‘‘(except as 
provided in subsections (d)(3) and (e))’’ before the pe-
riod at the end; 
(2) in subsection (c), by striking ‘‘A project’’ and 
inserting ‘‘Except as provided in subsection (e)(2), a 
project’’; 
(3) by redesignating subsection (d) as subsection 
(f); and 
(4) by inserting after subsection (c) the following 
new subsections: 
‘‘(d) LOCATION OF PROJECTS.—Projects carried out 
pursuant to this section may be carried out— 
‘‘(1) on a military installation; 
‘‘(2) on a facility used by the Department of De-
fense that is owned and operated by a State, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, 
American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, or the Virgin Islands, 
even if the facility is not under the jurisdiction of the 
Department of Defense, if the Secretary of Defense de-
147 
† HR 6395 EAS 
termines that the facility is subject to significant use 
by the armed forces for testing or training; or 
‘‘(3) outside of a military installation or facility 
described in paragraph (2) if the Secretary concerned 
determines that the project would preserve or enhance 
the resilience of— 
‘‘(A) a military installation; 
‘‘(B) a facility described in paragraph (2); 
or 
‘‘(C) community infrastructure determined 
by the Secretary concerned to be necessary to 
maintain, improve, or rapidly reestablish instal-
lation mission assurance and mission-essential 
functions. 
‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In car-
rying out a project under this section, the Secretary con-
cerned may use amounts available for operation and main-
tenance for the military department concerned if the Sec-
retary concerned submits a notification to the congressional 
defense committees of the decision to carry out the project 
using such amounts and includes in the notification— 
‘‘(A) the current estimate of the cost of the 
project; 
‘‘(B) the source of funds for the project; and
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† HR 6395 EAS 
‘‘(C) a certification that deferral of the project 
for inclusion in the next Military Construction Au-
thorization Act would be inconsistent with national 
security or the protection of health, safety, or environ-
mental quality, as the case may be. 
‘‘(2) A project carried out under this section using 
amounts under paragraph (1) may be carried out only after 
the end of the 7-day period beginning on the date on which 
a copy of the notification described in paragraph (1) is pro-
vided in an electronic medium pursuant to section 480 of 
this title. 
‘‘(3) The maximum aggregate amount that the Sec-
retary concerned may obligate from amounts available to 
the military department concerned for operation and main-
tenance in any fiscal year for projects under the authority 
of this subsection is $100,000,000.’’. 
(b) CONSIDERATION OF MILITARY INSTALLATION RE-
SILIENCE IN AGREEMENTS AND INTERAGENCY COOPERA-
TION.—Section 2684a of such title is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(B)— 
(i) by striking clause (ii); and 
(ii) in clause (i)— 
(I) by striking ‘‘(i)’’; and
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† HR 6395 EAS 
(II) by striking ‘‘; or’’ and insert-
ing a semicolon; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) maintaining or improving military instal-
lation resilience; or’’; and 
(2) by amending subsection (h) to read as fol-
lows: 
‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION 
AND RESILIENCE PROGRAMS TO AVOID OR REDUCE AD-
VERSE IMPACTS ON MILITARY INSTALLATION RESILIENCE 
AND MILITARY READINESS ACTIVITIES.—In order to facili-
tate interagency cooperation and enhance the effectiveness 
of actions that will protect the environment, military in-
stallation resilience, and military readiness, the recipient 
of funds provided pursuant to an agreement under this sec-
tion or under the Sikes Act (16 U.S.C. 670 et seq.) may, 
with regard to the lands and waters within the scope of 
the agreement, use such funds to satisfy any matching funds 
or cost-sharing requirement of any conservation or resil-
ience program of any Federal agency notwithstanding any 
limitation of such program on the source of matching or 
cost-sharing funds.’’.
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† HR 6395 EAS 
SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVIRON-
MENTAL MITIGATION PROGRAM. 
(a) IN GENERAL.—Chapter 160 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2712. Native American lands environmental mitiga-
tion program 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may 
establish and carry out a program to mitigate the environ-
mental effects of actions by the Department of Defense on 
Indian lands and culturally connected locations. 
‘‘(b) PROGRAM ACTIVITIES.—The activities that may 
be carried out under the program established under sub-
section (a) are the following: 
‘‘(1) Identification, investigation, and docu-
mentation of suspected environmental effects attrib-
utable to past actions by the Department of Defense. 
‘‘(2) Development of mitigation options for such 
environmental effects, including development of cost- 
to-complete estimates and a system for prioritizing 
mitigation actions. 
‘‘(3) Direct mitigation actions that the Secretary 
determines are necessary and appropriate to mitigate 
the adverse environmental effects of past actions by 
the Department.
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† HR 6395 EAS 
‘‘(4) Demolition and removal of unsafe buildings 
and structures used by, under the jurisdiction of, or 
formerly used by or under the jurisdiction of the De-
partment. 
‘‘(5) Training, technical assistance, and admin-
istrative support to facilitate the meaningful partici-
pation of Indian tribes in mitigation actions under 
the program. 
‘‘(6) Development and execution of a policy gov-
erning consultation with Indian tribes that have been 
or may be affected by action by the Department, in-
cluding training personnel of the Department to en-
sure compliance with the policy. 
‘‘(c) COOPERATIVE AGREEMENTS.—(1) In carrying 
out the program established under subsection (a), the Sec-
retary of Defense may enter into a cooperative agreement 
with an Indian tribe or an instrumentality of tribal govern-
ment. 
‘‘(2) Notwithstanding chapter 63 of title 31, a coopera-
tive agreement under this section may be used to acquire 
property or services for the direct benefit of the United 
States Government. 
‘‘(3) A cooperative agreement under this section for the 
procurement of severable services may begin in one fiscal
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year and end in another fiscal year only if the total period 
of performance does not exceed two calendar years. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Indian land’ includes— 
‘‘(A) any land located within the bound-
aries and a part of an Indian reservation, pueb-
lo, or rancheria; 
‘‘(B) any land that has been allotted to an 
individual Indian but has not been conveyed to 
such Indian with full power of alienation; 
‘‘(C) Alaska Native village and regional cor-
poration lands; and 
‘‘(D) lands and waters upon which any 
Federally recognized Indian tribe has rights re-
served by treaty, act of Congress, or action by the 
President. 
‘‘(2) The term ‘Indian Tribe’ means any Indian 
Tribe, band, nation, or other organized group or com-
munity, including any Native village, Regional Cor-
poration, or Village Corporation (as defined in sec-
tion 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602)), that is recognized as eligible for the 
special programs and services provided by the United 
States to Indians because of their status as Indians.
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‘‘(3) The term ‘culturally connected location’ 
means a location or place that has demonstrable sig-
nificance to Indians or Alaska Natives based on its 
association with the traditional beliefs, customs, and 
practices of a living community, including locations 
or places where religious, ceremonial, subsistence, me-
dicinal, economic, or other lifeways practices have 
historically taken place.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 160 of such title is amended by 
inserting after the item relating to section 2711 the fol-
lowing new item: 
‘‘2712. Native American lands environmental mitigation program.’’. 
SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY 
MEASURES ON MILITARY INSTALLATIONS. 
(a) IN GENERAL.—Subchapter I of chapter 173 of title 
10, United States Code, is amended by inserting after sec-
tion 2919 the following new section: 
‘‘§ 2920. Energy resilience and energy security meas-
ures on military installations 
‘‘(a) ENERGY RESILIENCE MEASURES.—(1) The Sec-
retary of Defense shall, by the end of fiscal year 2030, pro-
vide that 100 percent of the energy load required to main-
tain the critical missions of each installation have a min-
imum level of availability of 99.9 percent per fiscal year.
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‘‘(2) The Secretary of Defense shall issue standards es-
tablishing levels of availability relative to specific critical 
missions, with such standards providing a range of not less 
than 99.9 percent availability per fiscal year and not more 
than 99.9999 percent availability per fiscal year, depending 
on the criticality of the mission. 
‘‘(3) The Secretary may establish interim goals to take 
effect prior to fiscal year 2025 to ensure the requirements 
under this subsection are met. 
‘‘(4) The Secretary of each military department and 
the head of each Defense Agency shall ensure that their orga-
nizations meet the requirements of this subsection. 
‘‘(b) PLANNING.—(1) The Secretary of Defense shall re-
quire the Secretary of each military department and the 
head of each Defense Agency to plan for the provision of 
energy resilience and energy security for installations. 
‘‘(2) Planning under paragraph (1) shall— 
‘‘(A) promote the use of multiple and diverse 
sources of energy, with an emphasis favoring energy 
resources originating on the installation such as mod-
ular generation; 
‘‘(B) promote installing microgrids to ensure the 
energy security and energy resilience of critical mis-
sions; and
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‘‘(C) favor the use of full-time, installed energy 
sources rather than emergency generation. 
‘‘(c) DEVELOPMENT OF INFORMATION.—The planning 
required by subsection (b) shall identify each of the fol-
lowing for each installation: 
‘‘(1) The critical missions of the installation. 
‘‘(2) The energy requirements of those critical 
missions. 
‘‘(3) The duration that those energy requirements 
are likely to be needed in the event of a disruption 
or emergency. 
‘‘(4) The current source of energy provided to 
those critical missions. 
‘‘(5) The duration that the currently provided 
energy would likely be available in the event of a dis-
ruption or emergency. 
‘‘(6) Any currently available sources of energy 
that would provide uninterrupted energy to critical 
missions in the event of a disruption or emergency. 
‘‘(7) Alternative sources of energy that could be 
developed to provide uninterrupted energy to critical 
missions in the event of a disruption or emergency. 
‘‘(d) TESTING
AND MEASURING.—(1)(A) The Sec-
retary of Defense shall require the Secretary of each mili-
tary department and head of each Defense Agency to con-
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duct monitoring, measuring, and testing to provide the data 
necessary to comply with this section. 
‘‘(B) Any data provided under subparagraph (A) shall 
be made available to the Assistant Secretary of Defense for 
Sustainment upon request. 
‘‘(2)(A) The Secretary of Defense shall require that 
black start exercises be conducted to assess the energy resil-
ience and energy security of installations for periods estab-
lished to evaluate the ability of the installation to perform 
critical missions without access to off-installation energy 
resources. 
‘‘(B) A black start exercise conducted under subpara-
graph (A) may exclude, if technically feasible, housing 
areas, commissaries, exchanges, and morale, welfare, and 
recreation facilities. 
‘‘(C) The Secretary of Defense shall— 
‘‘(i) provide uniform policy for the military de-
partments and the Defense Agencies with respect to 
conducting black start exercises; and 
‘‘(ii) establish a schedule of black start exercises 
for the military departments and the Defense Agen-
cies, with each military department and Defense 
Agency scheduled to conduct such an exercise on a 
number of installations each year sufficient to allow 
that military department or Defense Agency to meet
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the goals of this section, but in any event not fewer 
than five installations each year for each military de-
partment through fiscal year 2027. 
‘‘(D)(i) Except as provided in clause (ii), the Secretary 
of each military department shall, notwithstanding any 
other provision of law, conduct black start exercises in ac-
cordance with the schedule provided for in subparagraph 
(C)(ii), with any such exercise not to last longer than five 
days. 
‘‘(ii) The Secretary of a military department may con-
duct more black start exercises than those identified in the 
schedule provided for in subparagraph (C)(ii). 
‘‘(e) CONTRACT REQUIREMENTS.—For contracts for 
energy and utility services, the Secretary of Defense shall— 
‘‘(1) specify methods and processes to measure, 
manage, and verify compliance with subsection (a); 
and 
‘‘(2) ensure that such contracts include require-
ments appropriate to ensure energy resilience and en-
ergy security, including requirements for metering to 
measure, manage, and verify energy consumption, 
availability, and reliability consistent with this sec-
tion and the energy resilience metrics and standards 
under section 2911(b) of this title.
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‘‘(f) EXCEPTION.—This section does not apply to fuels 
used in aircraft, vessels, or motor vehicles. 
‘‘(g) REPORT.—If by the end of fiscal year 2029, the 
Secretary determines that the Department will be unable 
to meet the requirements under subsection (a), not later 
than 90 days after the end of such fiscal year, the Secretary 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report detailing— 
‘‘(1) the projected shortfall; 
‘‘(2) reasons for the projected shortfall; 
‘‘(3) any statutory, technological, or monetary 
impediments to achieving such requirements; 
‘‘(4) any impact to readiness or ability to meet 
the national defense posture; and 
‘‘(5) any other relevant information as the Sec-
retary considers appropriate. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘availability’ means the avail-
ability of required energy at a stated instant of time 
or over a stated period of time for a specific purpose. 
‘‘(2) The term ‘black start exercise’ means an ex-
ercise in which delivery of energy provided from off 
an installation is terminated before backup genera-
tion assets on the installation are turned on. Such an 
exercise shall—
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‘‘(A) determine the ability of the backup 
systems to start independently, transfer the load, 
and carry the load until energy from off the in-
stallation is restored; 
‘‘(B) align organizations with critical mis-
sions to coordinate in meeting critical mission 
requirements; 
‘‘(C) validate mission operation plans, such 
as continuity of operations plans; 
‘‘(D) identify infrastructure interdepend-
encies; and 
‘‘(E) verify backup electric power system 
performance. 
‘‘(3) The term ‘critical mission’— 
‘‘(A) means those aspects of the missions of 
an installation, including mission essential oper-
ations, that are critical to successful performance 
of the strategic national defense mission; 
‘‘(B) may include operational headquarters 
facilities, airfields and supporting infrastruc-
ture, harbor facilities supporting naval vessels, 
munitions production and storage facilities, mis-
sile fields, radars, satellite control facilities, 
cyber operations facilities, space launch facili-
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ties, operational communications facilities, and 
biological defense facilities; and 
‘‘(C) does not include military housing (in-
cluding privatized military housing), morale, 
welfare, and recreation facilities, exchanges, com-
missaries, or privately owned facilities. 
‘‘(4) The term ‘energy’ means electricity, natural 
gas, steam, chilled water, and heated water. 
‘‘(5) The term ‘installation’ has the meaning 
given the term ‘military installation’ in section 
2801(c)(4) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter I of chapter 173 of such title 
is amended by inserting after the item relating to section 
2919 the following new item: 
‘‘2920. Energy resilience and energy security measures on military installations.’’. 
SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY 
COST SAVINGS FOR DEPARTMENT OF DE-
FENSE. 
Section 2912(a) of title 10, United States Code, is 
amended by inserting ‘‘and, in the case of operational en-
ergy, from both training and operational missions,’’ after 
‘‘under section 2913 of this title,’’. 
SEC. 318. LONG-DURATION DEMONSTRATION INITIATIVE 
AND JOINT PROGRAM. 
(a) DEFINITIONS.—In this section:
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(1) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Environmental Security Technology 
Certification Program of the Department of Defense. 
(2) DIRECTOR OF ARPA–E.—The term ‘‘Director 
of ARPA–E’’ means the Director of the Advanced Re-
search Projects Agency—Energy. 
(3) INITIATIVE.—The term ‘‘Initiative’’ means 
the demonstration initiative established under sub-
section (b). 
(4) JOINT
PROGRAM.—The term ‘‘Joint Pro-
gram’’ means the joint program established under 
subsection (d). 
(b) ESTABLISHMENT OF INITIATIVE.—Not later than 
180 days after the date of enactment of this Act, the Direc-
tor shall establish a demonstration initiative composed of 
demonstration projects focused on the development of long- 
duration energy storage technologies. 
(c) SELECTION OF PROJECTS.—To the maximum ex-
tent practicable, in selecting demonstration projects to par-
ticipate in the Initiative, the Director shall— 
(1) ensure a range of technology types; 
(2) ensure regional diversity among projects; and 
(3) consider bulk power level, distribution power 
level, behind-the-meter, microgrid (grid-connected or 
islanded mode), and off-grid applications.
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(d) JOINT PROGRAM.— 
(1) ESTABLISHMENT.—As part of the Initiative, 
the Director, in consultation with the Director of 
ARPA–E, shall establish within the Department of 
Defense a joint program to carry out projects— 
(A) to demonstrate promising long-duration 
energy storage technologies at different scales to 
promote energy resiliency; and 
(B) to help new, innovative long-duration 
energy storage technologies become commercially 
viable. 
(2) MEMORANDUM
OF
UNDERSTANDING.—Not 
later than 200 days after the date of enactment of this 
Act, the Director shall enter into a memorandum of 
understanding with the Director of ARPA–E to ad-
minister the Joint Program. 
(3) INFRASTRUCTURE.—In carrying out the 
Joint Program, the Director and the Director of 
ARPA–E shall— 
(A) use existing test-bed infrastructure at— 
(i) installations of the Department of 
Defense; and 
(ii) facilities of the Department of En-
ergy; and
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(B) develop new infrastructure for identi-
fied projects, if appropriate. 
(4) GOALS AND METRICS.—The Director and the 
Director of ARPA–E shall develop goals and metrics 
for technological progress under the Joint Program 
consistent with energy resilience and energy security 
policies. 
(5) SELECTION OF PROJECTS.— 
(A) IN GENERAL.—To the maximum extent 
practicable, in selecting projects to participate in 
the Joint Program, the Director and the Director 
of ARPA–E shall— 
(i) ensure that projects are carried out 
under conditions that represent a variety of 
environments with different physical condi-
tions and market constraints; and 
(ii) ensure an appropriate balance 
of— 
(I) larger, higher-cost projects; 
and 
(II) smaller, lower-cost projects. 
(B) PRIORITY.—In carrying out the Joint 
Program, the Director and the Director of 
ARPA–E shall give priority to demonstration 
projects that—
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(i) make available to the public project 
information that will accelerate deployment 
of long-duration energy storage technologies 
that promote energy resiliency; and 
(ii) will be carried out in the field. 
SEC. 319. PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE 
PURCHASING. 
(a) IN GENERAL.—The Secretary of Defense, in coordi-
nation with the Secretary of Energy and the Administrator 
of the General Services Administration, shall carry out a 
pilot program under which the Secretary of Defense may, 
notwithstanding section 400AA of the Energy Policy and 
Conservation Act (42 U.S.C. 6374), purchase new alter-
native fuel vehicles for which the initial cost of such vehicles 
exceeds the initial cost of a comparable gasoline or diesel 
fueled vehicle by not more than 10 percent. 
(b) LOCATIONS.— 
(1) IN GENERAL.—The Secretary of Defense shall 
carry out the pilot program under subsection (a) at 
not fewer than 2 facilities or installations of the De-
partment of Defense in the continental United States 
that— 
(A) have the largest total number of at-
tached noncombat vehicles as compared to other
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facilities or installations of the Department of 
Defense; and 
(B) are located within 20 miles of public or 
private refueling or recharging stations. 
(2) AIR FORCE LOGISTICS CENTER.—One of the 
facilities or installations selected under paragraph (1) 
shall be an Air Force Logistics Center. 
(c) ALTERNATIVE FUEL VEHICLE DEFINED.—In this 
section, the term ‘‘alternative fuel vehicle’’ includes a vehicle 
that uses— 
(1) fuels derived from renewable biomass, as de-
fined in section 211(o)(1)(I) of the Clean Air Act (42 
U.S.C. 7545(o)(1)(I)); 
(2) natural gas (including compressed and lique-
fied natural gas); or 
(3) propane. 
SEC. 320. EXTENSION OF REAL-TIME SOUND MONITORING 
AT NAVY INSTALLATIONS WHERE TACTICAL 
FIGHTER AIRCRAFT OPERATE. 
Section 325(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92) is 
amended by striking ‘‘a 12-month period’’ and inserting 
‘‘two 12-month periods, including one such period that be-
gins in fiscal year 2021’’.
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SEC. 321. STUDY ON IMPACTS OF TRANSBOUNDARY FLOWS, 
SPILLS, OR DISCHARGES OF POLLUTION OR 
DEBRIS FROM THE TIJUANA RIVER ON PER-
SONNEL, ACTIVITIES, AND INSTALLATIONS 
OF DEPARTMENT OF DEFENSE. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense, in coordination with the Administrator of 
the Environmental Protection Agency, the Secretary 
of State, and the United States Commissioner of the 
International Boundary and Water Commission, 
shall commission an independent scientific study of 
the impacts of transboundary flows, spills, or dis-
charges of pollution or debris from the Tijuana River 
on the personnel, activities, and installations of the 
Department of Defense. 
(2) ELEMENTS.—The study required by para-
graph (1) shall address the short-term, long-term, pri-
mary, and secondary impacts of transboundary flows, 
spills, or discharges of pollution or debris from the Ti-
juana River and include recommendations to mitigate 
such impacts. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the appropriate committees of Congress a report
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containing the results of the study under subsection (a), in-
cluding all findings and recommendations resulting from 
the study. 
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services, the Com-
mittee on Environment and Public Works, and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services, the Com-
mittee on Transportation and Infrastructure, and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 322. INCREASE IN FUNDING FOR STUDY BY CENTERS 
FOR DISEASE CONTROL AND PREVENTION 
RELATING 
TO 
PERFLUOROALKYL 
AND 
POLYFLUOROALKYL SUBSTANCE CONTAMINA-
TION IN DRINKING WATER. 
(a) IN GENERAL.— 
(1) INCREASE.—The amount authorized to be 
appropriated by this Act for fiscal year 2021 for Op-
eration and Maintenance, Defense Wide for SAG 
4GTN for the study by the Centers for Disease Control 
and Prevention under section 316(a)(2)(B)(ii) of the 
National Defense Authorization Act for Fiscal Year
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† HR 6395 EAS 
2018 (Public Law 115–91; 131 Stat. 1350) is hereby 
increased by $5,000,000. 
(2) OFFSET.—The amount authorized to be ap-
propriated by this Act for fiscal year 2021 for Oper-
ation and Maintenance, Army for SAG 421, 
Servicewide Transportation is hereby reduced by 
$5,000,000. 
(b) INCREASE
IN TRANSFER AUTHORITY.—Section 
316(a)(2)(B)(ii) of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), 
as amended by section 315(a) of the John S. McCain Na-
tional Defense Authorization Act for Fiscal Year 2019 (Pub-
lic Law 115–232; 132 Stat. 1713), is amended by striking 
‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 
Subtitle C—Logistics and 
Sustainment 
SEC. 331. REPEAL OF STATUTORY REQUIREMENT FOR NOTI-
FICATION TO DIRECTOR OF DEFENSE LOGIS-
TICS AGENCY THREE YEARS PRIOR TO IMPLE-
MENTING CHANGES TO ANY UNIFORM OR 
UNIFORM COMPONENT. 
Section 356 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232; 10 U.S.C. 771 note prec.) is amended— 
(1) by striking subsection (a);
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(2) by redesignating subsections (b) and (c) as 
subsections (a) and (b), respectively; and 
(3) in subsections (a) and (b), as so redesignated, 
by striking ‘‘Commander’’ each place it appears and 
inserting ‘‘Director’’. 
SEC. 332. CLARIFICATION OF LIMITATION ON LENGTH OF 
OVERSEAS FORWARD DEPLOYMENT OF CUR-
RENTLY DEPLOYED NAVAL VESSELS. 
Section 323(b) of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 (Public Law 
115–232; 132 Stat. 1720; 10 U.S.C. 8690 note) is amended 
by striking ‘‘In the case of any naval vessel’’ and inserting 
‘‘In the case of any aircraft carrier, amphibious ship, cruis-
er, destroyer, frigate, or littoral combat ship’’. 
Subtitle D—Reports 
SEC. 351. REPORT ON IMPACT OF PERMAFROST THAW ON 
INFRASTRUCTURE, FACILITIES, AND OPER-
ATIONS OF THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a comprehensive report on the impact of permafrost 
thaw on the infrastructure, facilities, assets, and operations 
of the Department of Defense.
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(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An identification of the infrastructure, facili-
ties, and assets of the Department of Defense that 
could be impacted by permafrost thaw. 
(2) For each element of infrastructure and each 
facility and asset identified pursuant to paragraph 
(1)— 
(A) an assessment of the threat posed by 
permafrost thaw; and 
(B) an estimate of potential damage in the 
event of likely permafrost thaw. 
(3) A description of the threats and impacts 
posed by permafrost thaw to military and other na-
tional security operations. 
(c) CONSULTATION.—In preparing the report under 
subsection (a), the Secretary may consult with other Federal 
agencies, agencies of State and local governments, and aca-
demic institutions with expertise or experience in the effects 
of permafrost thaw on infrastructure, facilities, and oper-
ations. 
(d) ASSET DEFINED.—In this section, the term ‘‘asset’’ 
means the following:
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(1) Any aircraft, weapon system, vehicle, equip-
ment, or gear of the Department of Defense or the 
Armed Forces. 
(2) Any other item of the Department or the 
Armed Forces that the Secretary considers appro-
priate for purposes of this section. 
SEC. 352. PLANS AND REPORTS ON EMERGENCY RESPONSE 
TRAINING FOR MILITARY INSTALLATIONS. 
(a) PLANS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall ensure that each military installation 
under the jurisdiction of the Secretary that does not 
conduct live emergency response training on an an-
nual basis or more frequently with the civilian law 
enforcement and emergency response agencies respon-
sible for responding to an emergency at the installa-
tion develops a plan to conduct such training. 
(2) ELEMENTS.—Each plan developed under 
paragraph (1) with respect to an installation— 
(A) shall include— 
(i) the cost of implementing training 
described in paragraph (1) at the installa-
tion;
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(ii) a description of any obstacles to 
the implementation of such training; and 
(iii) recommendations for mitigating 
any such obstacles; and 
(B) shall be designed to ensure that the ci-
vilian law enforcement and emergency response 
agencies described in paragraph (1) are familiar 
with— 
(i) the physical features of the installa-
tion, including gates, buildings, armories, 
headquarters, command and control centers, 
and medical facilities; and 
(ii) the emergency response personnel 
and procedures of the installation. 
(3) SUBMITTAL OF PLANS.— 
(A) SUBMITTAL TO SECRETARY.—Not later 
than 90 days after the date of the enactment of 
this Act, the commander of each military instal-
lation required to develop a plan under para-
graph (1) shall submit such plan to the Sec-
retary of Defense. 
(B) SUBMITTAL TO CONGRESS.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary shall submit to the Com-
mittees on Armed Services of the Senate and the
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House of Representatives a summary of the 
plans submitted to the Secretary under subpara-
graph (A). 
(b) REPORTS ON TRAINING CONDUCTED.— 
(1) LIST
OF
INSTALLATIONS.—Not later than 
March 1, 2021, the Secretary shall submit to the Com-
mittees on Armed Services of the Senate and the 
House of Representatives a list of all military instal-
lations under the jurisdiction of the Secretary that 
conduct live emergency response training on an an-
nual basis or more frequently with the civilian law 
enforcement and emergency response agencies respon-
sible for responding to an emergency at the installa-
tion. 
(2) ANNUAL REPORTS.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, and 
annually thereafter, the commander of each mili-
tary installation under the jurisdiction of the 
Secretary shall submit to the Secretary a report 
on each live emergency response training con-
ducted during the year covered by the report 
with the civilian law enforcement and emergency 
response agencies responsible for responding to 
an emergency at the installation.
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(B) ELEMENTS.—Each report submitted 
under subparagraph (A) shall include, with re-
spect to each training exercise, the following: 
(i) The date and duration of the exer-
cise. 
(ii) A detailed description of the exer-
cise. 
(iii) An identification of all military 
and civilian personnel who participated in 
the exercise. 
(iv) Any recommendations resulting 
from the exercise. 
(v) The actions taken, if any, to imple-
ment such recommendations. 
(C) INCLUSION IN ANNUAL BUDGET SUBMIS-
SION.— 
(i) IN GENERAL.—The Secretary shall 
include in the budget submitted to Congress 
by the President pursuant to section 
1105(a) of title 31, United States Code, a 
summary of any report submitted to the 
Secretary under subparagraph (A) during 
the one-year period preceding the submittal 
of the budget.
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(ii) CLASSIFIED FORM.—The summary 
submitted under clause (i) may be sub-
mitted in classified form. 
(D) SUNSET.—The requirement to submit 
annual reports under subparagraph (A) shall 
terminate upon the submittal of the budget de-
scribed in subparagraph (C)(i) for fiscal year 
2024. 
SEC. 353. REPORT ON IMPLEMENTATION BY DEPARTMENT 
OF DEFENSE OF REQUIREMENTS RELATING 
TO RENEWABLE FUEL PUMPS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the implementation 
by the Department of Defense of the requirements under sec-
tion 246(a) of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17053(a)). 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An estimate of the cost to the Department of 
fully implementing the requirements under section 
246(a) of the Energy Independence and Security Act 
of 2007; and
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(2) An assessment of any problems or issues the 
Department is having in complying with the require-
ments under such section. 
(c) EXCEPTION.—The report required by subsection (a) 
shall not apply to a fueling center of the Department with 
a fuel turnover rate of less than 100,000 gallons of fuel per 
year. 
SEC. 354. REPORT ON EFFECTS OF EXTREME WEATHER ON 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on vulnerabilities to military installations and com-
batant commander requirements resulting from extreme 
weather that builds upon the report submitted under section 
335(c) of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115–91; 131 Stat. 1358). 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An explanation of the underlying method-
ology that the Department uses to assess the effects of 
extreme weather in the report, including through the 
use of a climate vulnerability and risk assessment tool 
as directed under section 326 of the National Defense
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Authorization Act for Fiscal Year 2020 (Public Law 
116–92). 
(2) An assessment of how extreme weather affects 
low-lying military installations, military installa-
tions of the Navy and the Marine Corps, and military 
installations outside the United States. 
(3) An assessment of how extreme weather affects 
access of members of the Armed Forces to training 
ranges. 
(4) With respect to a military installation in a 
country outside the United States, an assessment of 
the collaboration between the Department of Defense 
and the military or civilian agencies of the govern-
ment of that country or nongovernmental organiza-
tions operating in that country to adapt to risks from 
extreme weather. 
(5) An assessment of how extreme weather affects 
housing safety and food security on military installa-
tions. 
(6) An assessment of the strategic benefits de-
rived from isolating infrastructure of the Department 
of Defense in the United States from the national 
electric grid and the use of energy-efficient, distrib-
uted, and smart power grids by the Armed Forces in
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the United States and overseas to ensure affordable 
access to electricity. 
(7) A list of ten military installation resilience 
projects conducted within each military department. 
(8) An overview of mitigations, in addition to 
current efforts undertaken by the Department, that 
may be necessary to ensure the continued operational 
viability and to increase the resilience of military in-
stallations, and the estimated costs of those mitiga-
tions. 
(c) CONSULTATION.—In developing the report required 
by subsection (a), the Secretary of Defense shall consult with 
the Administrator of the Environmental Protection Agency, 
the Secretary of Energy, the Administrator of the National 
Oceanic and Atmospheric Administration, the Adminis-
trator of the Federal Emergency Management Agency, the 
Commander of the Army Corps of Engineers, the Adminis-
trator of the National Aeronautics and Space Administra-
tion, a federally funded research and development center, 
and the heads of such other relevant Federal agencies as 
the Secretary of Defense determines appropriate. 
(d) FORM OF REPORT.—The report required by sub-
section (a) shall be submitted in unclassified form but may 
contain a classified annex if necessary.
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(e) PUBLICATION.—Upon submittal of the report re-
quired by subsection (a), the Secretary of Defense shall pub-
lish the unclassified portion of the report on an Internet 
website of the Department of Defense that is available to 
the public. 
(f) DEFINITIONS.—In this section: 
(1) EXTREME
WEATHER.—The term ‘‘extreme 
weather’’ 
means 
recurrent 
flooding, 
drought, 
desertification, wildfires, and thawing permafrost. 
(2) UNITED STATES.—The term ‘‘United States’’ 
means the several States, the District of Columbia, 
and any territory or possession of the United States. 
Subtitle E—Other Matters 
SEC. 371. PROHIBITION ON DIVESTITURE OF MANNED IN-
TELLIGENCE, SURVEILLANCE, AND RECON-
NAISSANCE AIRCRAFT OPERATED BY UNITED 
STATES SPECIAL OPERATIONS COMMAND. 
No funds authorized to be appropriated by this Act 
may be used to divest any manned intelligence, surveillance, 
and reconnaissance aircraft operated by the United States 
Special Operations Command, and the Department of De-
fense may not divest any manned intelligence, surveillance, 
and reconnaissance aircraft operated by the United States 
Special Operations Command in fiscal year 2021.
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SEC. 372. INFORMATION ON OVERSEAS CONSTRUCTION 
PROJECTS IN SUPPORT OF CONTINGENCY 
OPERATIONS USING FUNDS FOR OPERATION 
AND MAINTENANCE. 
(a) ANNUAL BUDGET JUSTIFICATION DISPLAY.—Sec-
tion 2805(c) of title 10, United States Code, is amended— 
(1) by striking ‘‘The Secretary concerned’’ and 
inserting ‘‘(1) The Secretary concerned’’; and 
(2) by adding at the end the following new para-
graphs: 
‘‘(2) The Secretary of each military department, the 
Director of each Defense Agency, and the head of any other 
relevant component of the Department of Defense shall track 
and report to the Under Secretary of Defense (Comptroller) 
relevant data regarding all overseas construction projects 
funded with amounts appropriated or otherwise made 
available for operation and maintenance in support of con-
tingency operations. 
‘‘(3)(A) The Secretary of Defense shall prepare, for in-
clusion in the annual budget submission by the President 
to Congress under section 1105 of title 31, a consolidated 
budget justification display, in classified and unclassified 
form, that identifies all overseas construction projects fund-
ed with amounts appropriated or otherwise made available 
for operation and maintenance in support of contingency 
operations.
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‘‘(B) The display prepared under subparagraph (A) 
shall include a list of all construction projects described in 
such subparagraph that were completed in the prior fiscal 
year, that are ongoing, or that are expected for the next 
five fiscal years, and shall identify for each project— 
‘‘(i) the component of the Department of Defense 
involved in the project; 
‘‘(ii) the location of the project; 
‘‘(iii) a brief description of the purpose of the 
project; and 
‘‘(iv) the actual or estimated cost of the project.’’. 
(b) REPORT ON CONSTRUCTION PROJECTS IN SUP-
PORT OF CONTINGENCY OPERATIONS.— 
(1) IN GENERAL.—Not later than March 1, 2021, 
the Secretary of Defense shall submit to the congres-
sional defense committees a report on ways to im-
prove the development, funding, and execution of con-
struction projects in support of overseas contingency 
operations, including those funded with amounts ap-
propriated or otherwise made available for operation 
and maintenance and those funded with amounts ap-
propriated or otherwise made available for military 
construction. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include, at a minimum, the following:
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(A) An examination and comparison of the 
time required to plan, approve, and execute con-
struction projects funded with operation and 
maintenance amounts versus those funded with 
military construction amounts, in support of 
contingency operations, including construction 
projects in support of recent operations in Af-
ghanistan, Iraq, Syria, and Eastern Europe. 
(B) A description of any challenges associ-
ated with the processes of the Department of De-
fense for planning, approving, and executing 
such projects. 
(C) A description of any ongoing or 
planned efforts to improve such processes to pro-
mote efficiency and expediency in the develop-
ment and execution of such projects. 
(D) Any recommendations with respect to 
improving such processes, including those from 
the commanders of the combatant commands and 
the Secretaries of the military departments.
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SEC. 373. PROVISION OF PROTECTION TO THE NATIONAL 
MUSEUM OF THE MARINE CORPS, THE NA-
TIONAL MUSEUM OF THE UNITED STATES 
ARMY, 
THE 
NATIONAL 
MUSEUM 
OF 
THE 
UNITED STATES NAVY, AND THE NATIONAL 
MUSEUM OF THE UNITED STATES AIR FORCE. 
Section 2465(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(5) A contract for the performance of on-site 
armed security guard functions to be performed— 
‘‘(A) at the Marine Corps Heritage Center 
at Marine Corps Base Quantico, Virginia, in-
cluding the National Museum of the Marine 
Corps; 
‘‘(B) at the Heritage Center for the Na-
tional Museum of the United States Army at 
Fort Belvoir, Virginia; 
‘‘(C) at the Heritage Center for the National 
Museum of the United States Navy at Wash-
ington, District of Columbia; or 
‘‘(D) at the Heritage Center for the Na-
tional Museum of the United States Air Force at 
Wright-Patterson Air Force Base, Ohio.’’.
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SEC. 374. INAPPLICABILITY OF CONGRESSIONAL NOTIFICA-
TION AND DOLLAR LIMITATION REQUIRE-
MENTS FOR ADVANCE BILLINGS FOR CER-
TAIN BACKGROUND INVESTIGATIONS. 
Section 2208(l) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) This subsection shall not apply to advance billing 
for background investigation and related services performed 
by the Defense Counterintelligence and Security Agency.’’. 
SEC. 375. REPEAL OF SUNSET FOR MINIMUM ANNUAL PUR-
CHASE AMOUNT FOR CARRIERS PARTICI-
PATING IN THE CIVIL RESERVE AIR FLEET. 
Section 9515 of title 10, United States Code, is amend-
ed by striking subsection (k). 
SEC. 376. IMPROVEMENT OF THE OPERATIONAL ENERGY 
CAPABILITY IMPROVEMENT FUND OF THE DE-
PARTMENT OF DEFENSE. 
(a) MANAGEMENT OF THE OPERATIONAL ENERGY CA-
PABILITY IMPROVEMENT FUND.—The Assistant Secretary 
of Defense for Sustainment shall exercise authority, direc-
tion, and control over the Operational Energy Capability
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Improvement Fund of the Department of Defense (in this 
section referred to as the ‘‘OECIF’’). 
(b) ALIGNMENT AND COORDINATION WITH RELATED 
PROGRAMS.— 
(1) REALIGNMENT OF OECIF.—Not later than 60 
days after the date of the enactment of this Act, the 
Secretary of Defense shall realign the OECIF under 
the Assistant Secretary of Defense for Sustainment, 
with such realignment to include personnel positions 
adequate for the mission of the OECIF. 
(2) BETTER COORDINATION WITH RELATED PRO-
GRAMS.—The Assistant Secretary shall ensure that 
the placement under the authority of the Assistant 
Secretary of the OECIF along with the Strategic En-
vironmental Research Program, the Environmental 
Security Technology Certification Program, and the 
Operational Energy Prototyping Program is utilized 
to advance common goals of the Department, promote 
organizational synergies, and avoid unnecessary du-
plication of effort. 
(c) PROGRAM
FOR OPERATIONAL ENERGY PROTO-
TYPING.— 
(1) IN GENERAL.—Commencing not later than 
90 days after the date of the enactment of this Act, 
the Secretary of Defense, through the Assistant Sec-
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retary of Defense for Sustainment, shall carry out a 
program for the demonstration of technologies related 
to operational energy prototyping, including dem-
onstration of operational energy technology and vali-
dation prototyping. 
(2) OPERATION
OF
PROGRAM.—The Secretary 
shall ensure that the program under paragraph (1) 
operates in conjunction with the OECIF to promote 
the transfer of innovative technologies that have suc-
cessfully established proof of concept for use in pro-
duction or in the field. 
(3) PROGRAM ELEMENTS.—In carrying out the 
program under paragraph (1) the Secretary shall— 
(A) identify and demonstrate the most 
promising, innovative, and cost-effective tech-
nologies and methods that address high-priority 
operational energy requirements of the Depart-
ment of Defense; 
(B) in conducting demonstrations under 
subparagraph (A), the Secretary shall— 
(i) collect cost and performance data to 
overcome barriers against employing an in-
novative technology because of concerns re-
garding technical or programmatic risk; 
and
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(ii) ensure that components of the De-
partment have time to establish new re-
quirements where necessary and plan, pro-
gram, and budget for technology transition 
to programs of record; 
(C) utilize project structures similar to 
those of the OECIF to ensure transparency and 
accountability throughout the efforts conducted 
under the program; and 
(D) give priority, in conjunction with the 
OECIF, to the development and fielding of clean 
technologies that reduce reliance on fossil fuels. 
(4) TOOL
FOR
ACCOUNTABILITY
AND
TRANSI-
TION.— 
(A) IN GENERAL.—In carrying out the pro-
gram under paragraph (1) the Secretary shall 
develop and utilize a tool to track relevant in-
vestments in operational energy from applied re-
search to transition to use to ensure user organi-
zations have the full picture of technology matu-
ration and development. 
(B) TRANSITION.—The tool developed and 
utilized under subparagraph (A) shall be de-
signed to overcome transition challenges with 
rigorous and well-documented demonstrations
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that provide the information needed by all stake-
holders for acceptance of the technology. 
(5) LOCATIONS.— 
(A) IN
GENERAL.—The Secretary shall 
carry out the testing and evaluation phase of the 
program under paragraph (1) at installations of 
the Department of Defense or in conjunction 
with exercises conducted by the Joint Staff, a 
combatant command, or a military department. 
(B) FORMAL DEMONSTRATIONS.—The Sec-
retary shall carry out any formal demonstra-
tions under the program under paragraph (1) at 
installations of the Department or in operational 
settings to document and validate improved 
warfighting performance and cost savings. 
SEC. 377. COMMISSION ON THE NAMING OF ITEMS OF THE 
DEPARTMENT OF DEFENSE THAT COMMEMO-
RATE THE CONFEDERATE STATES OF AMER-
ICA OR ANY PERSON WHO SERVED VOLUN-
TARILY WITH THE CONFEDERATE STATES OF 
AMERICA. 
(a) REMOVAL.—Not later than three years after the 
date of the enactment of this Act, the Secretary of Defense 
shall implement the plan submitted by the commission de-
scribed in paragraph (b) and remove all names, symbols,
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displays, monuments, and paraphernalia that honor or 
commemorate the Confederate States of America (commonly 
referred to as the ‘‘Confederacy’’) or any person who served 
voluntarily with the Confederate States of America from all 
assets of the Department of Defense. 
(b) IN GENERAL.—The Secretary of Defense shall es-
tablish a commission relating to assigning, modifying, or 
removing of names, symbols, displays, monuments, and 
paraphernalia to assets of the Department of Defense that 
commemorate the Confederate States of America or any per-
son who served voluntarily with the Confederate States of 
America. 
(c) DUTIES.—The Commission shall— 
(1) assess the cost of renaming or removing 
names, symbols, displays, monuments, or para-
phernalia that commemorate the Confederate States of 
America or any person who served voluntarily with 
the Confederate States of America; 
(2) develop procedures and criteria to assess 
whether an existing name, symbol, monument, dis-
play, or paraphernalia commemorates the Confederate 
States of America or person who served voluntarily 
with the Confederate States of America; 
(3) recommend procedures for renaming assets of 
the Department of Defense to prevent commemoration
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of the Confederate States of America or any person 
who served voluntarily with the Confederate States of 
America; 
(4) develop a plan to remove names, symbols, 
displays, monuments, or paraphernalia that com-
memorate the Confederate States of America or any 
person who served voluntarily with the Confederate 
States of America from assets of the Department of 
Defense, within the timeline established by this Act; 
and 
(5) include in the plan procedures and criteria 
for collecting and incorporating local sensitivities as-
sociated with naming or renaming of assets of the De-
partment of Defense. 
(d) MEMBERSHIP.—The Commission shall be com-
posed of eight members, of whom— 
(1) four shall be appointed by the Secretary of 
Defense; 
(2) one shall be appointed by the Chairman of 
the Committee on Armed Services of the Senate; 
(3) one shall be appointed by the Ranking Mem-
ber of the Committee on Armed Services of the Senate; 
(4) one shall be appointed by the Chairman of 
the Committee on Armed Services of the House of 
Representatives; and
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(5) one shall be appointed by the Ranking Mem-
ber of the Committee on Armed Services of the House 
of Representatives. 
(e) APPOINTMENT.—Members of the Commission shall 
be appointed not later than 45 days after the date of the 
enactment of this Act. 
(f) INITIAL MEETING.—The Commission shall hold its 
initial meeting on the date that is 60 days after the enact-
ment of this Act. 
(g) BRIEFINGS AND REPORTS.—Not later than October 
1, 2021, the Commission shall brief the Committees on 
Armed Services of the Senate and House of Representatives 
detailing the progress of the requirements under subsection 
(c). Not later than October 1, 2022, and not later than 90 
days before the implementation of the plan in subsection 
(c)(4), the Commission shall present a briefing and written 
report detailing the results of the requirements under sub-
section (c), including: 
(1) A list of assets to be removed or renamed. 
(2) Costs associated with the removal or renam-
ing of assets in subsection (g)(1). 
(3) Criteria and requirements used to nominate 
and rename assets in subsection (g)(1).
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(4) Methods of collecting and incorporating local 
sensitivities associated with the removal or renaming 
of assets in subsection (g)(1). 
(h) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $2,000,000 to 
carry out this section. 
(2) OFFSET.—The amount authorized to be ap-
propriated by the Act for fiscal year 2021 for Oper-
ations and Maintenance, Army, sub activity group 
434 - other personnel support is hereby reduced by 
$2,000,000. 
(i) ASSETS DEFINED.—In this section, the term ‘‘as-
sets’’ includes any base, installation, street, building, facil-
ity, aircraft, ship, plane, weapon, equipment, or any other 
property owned or controlled by the Department of Defense. 
(j) EXEMPTION
FOR GRAVE MARKERS.—Shall not 
cover monuments but shall exempt grave markers. Congress 
expects the commission to further define what constitutes 
a grave marker. 
SEC. 378. MODIFICATIONS TO REVIEW OF PROPOSED AC-
TIONS BY MILITARY AVIATION AND INSTAL-
LATION ASSURANCE CLEARINGHOUSE. 
Section 183a(c)(2) of title 10, United States Code, is 
amended—
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(1) by striking ‘‘If the Clearinghouse’’ and in-
serting ‘‘(A) If the Clearinghouse’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(B) After the Clearinghouse issues a notice 
under subparagraph (A) with respect to an energy 
project, the parties should seek to identify feasible and 
affordable actions that can be taken by the Depart-
ment, the developer of such energy project, or others 
to mitigate any adverse impact on military oper-
ations and readiness. 
‘‘(C) If the Secretary determines within a rea-
sonable period of time after the issuance of a notice 
under subparagraph (A) with respect to an energy 
project that the concerns identified in the preliminary 
review conducted under paragraph (1) with respect to 
such project have been mitigated to the extent that 
such project does not pose an unacceptable level of 
risk to military operations and readiness, the Clear-
inghouse shall timely issue a mission compatibility 
letter to the applicant of such project, the governor of 
the State in which such project is located, and the 
Secretary of the finding of the Clearinghouse.’’.
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SEC. 379. ADJUSTMENT IN AVAILABILITY OF APPROPRIA-
TIONS FOR UNUSUAL COST OVERRUNS AND 
FOR CHANGES IN SCOPE OF WORK. 
Section 8683 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(c) TREATMENT OF AMOUNTS APPROPRIATED AFTER 
END OF PERIOD OF OBLIGATION.—In the application of 
section 1553(c) of title 31 to funds appropriated in the Op-
eration and Maintenance, Navy account that are available 
for ship overhaul, the Secretary of the Navy— 
‘‘(1) may treat the limitation specified in para-
graph (1) of such section to be ‘$10,000,000’ rather 
than ‘$4,000,000’; and 
‘‘(2) may treat the limitation specified in para-
graph (2) of such section to be ‘$30,000,000’ rather 
than ‘$25,000,000’.’’. 
SEC. 380. REQUIREMENT THAT SECRETARY OF DEFENSE IM-
PLEMENT SECURITY AND EMERGENCY RE-
SPONSE RECOMMENDATIONS RELATING TO 
ACTIVE SHOOTER OR TERRORIST ATTACKS 
ON INSTALLATIONS OF DEPARTMENT OF DE-
FENSE. 
(a) REQUIREMENT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall implement the applicable security and emergency re-
sponse recommendations relating to active shooter or ter-
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rorist attacks on installations of the Department of Defense 
made in the following reports: 
(1) The report by the Government Accountability 
Office dated July 2015 entitled, ‘‘Insider Threats: 
DOD Should Improve Information Sharing and 
Oversight to Protect U.S. Installations’’ (GAO–15– 
543). 
(2) The report prepared by the Department of 
the Navy relating to the Washington Navy Yard 
shooting in 2013. 
(3) The report by the Department of the Army 
dated August 2010 entitled ‘‘Fort Hood, Army Inter-
nal Review Team: Final Report’’. 
(4) The independent review by the Department 
of Defense dated January 2010 entitled ‘‘Protecting 
the Force: Lessons from Fort Hood’’. 
(5) The report by the Department of the Air 
Force dated October 2010 entitled ‘‘Air Force Follow- 
On Review: Protecting the Force: Lessons from Fort 
Hood’’. 
(b) NOTIFICATION OF INAPPLICABLE RECOMMENDA-
TIONS.— 
(1) IN GENERAL.—If the Secretary determines 
that a recommendation described in subsection (a) is 
outdated, is no longer applicable, or has been super-
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seded by more recent separate guidance or rec-
ommendations set forth by the Government Account-
ability Office, the Department of Defense, or another 
entity in related contracted review, the Secretary 
shall notify the Committees on Armed Services of the 
Senate and the House of Representatives not later 
than 45 days after the date of the enactment of this 
Act. 
(2) IDENTIFICATION
AND
JUSTIFICATION.—The 
notification under paragraph (1) shall include an 
identification, set forth by report specified in sub-
section (a), of each recommendation that the Sec-
retary determines should not be implemented, with a 
justification for each such determination. 
SEC. 381. CLARIFICATION OF FOOD INGREDIENT REQUIRE-
MENTS FOR FOOD OR BEVERAGES PROVIDED 
BY THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Before making any final rule, 
statement, or determination regarding the limitation or 
prohibition of any food or beverage ingredient in military 
food service, military medical foods, commissary food, or 
commissary food service, the Secretary of Defense shall pub-
lish in the Federal Register a notice of a preliminary rule, 
statement, or determination (in this section referred to as
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a ‘‘proposed action’’) and provide opportunity for public 
comment. 
(b) MATTERS TO BE INCLUDED.—The Secretary shall 
include in any notice published under subsection (a) the 
following: 
(1) The date of the notice. 
(2) Contact information for the appropriate of-
fice at the Department of Defense. 
(3) A summary of the notice. 
(4) A date for comments to be submitted and spe-
cific methods for submitting comments. 
(5) A description of the substance of the proposed 
action. 
(6) Findings and a statement of reasons sup-
porting the proposed action. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2021, as follows: 
(1) The Army, 485,000. 
(2) The Navy, 346,730. 
(3) The Marine Corps, 180,000. 
(4) The Air Force, 333,475.
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(6) The Air Force Reserve, 70,300. 
(7) The Coast Guard Reserve, 7,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers.
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SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2021, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 30,595. 
(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,215. 
(4) The Marine Corps Reserve, 2,386. 
(5) The Air National Guard of the United 
States, 25,333. 
(6) The Air Force Reserve, 5,256. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
(a) IN GENERAL.—The authorized number of military 
technicians (dual status) as of the last day of fiscal year 
2021 for the reserve components of the Army and the Air 
Force (notwithstanding section 129 of title 10, United 
States Code) shall be the following: 
(1) For the Army National Guard of the United 
States, 22,294.
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(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United 
States, 10,994. 
(4) For the Air Force Reserve, 7,947. 
(b) LIMITATION.—Under no circumstances may a 
military technician (dual status) employed under the au-
thority of this section be coerced by a State into accepting 
an offer of realignment or conversion to any other military 
status, including as a member of the Active, Guard, and 
Reserve program of a reserve component. If a military tech-
nician (dual status) declines to participate in such realign-
ment or conversion, no further action will be taken against 
the individual or the individual’s position. 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2021, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200.
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(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF 
MINIMUM END STRENGTHS FOR NON-TEM-
PORARY MILITARY TECHNICIANS (DUAL STA-
TUS) AND MAXIMUM END STRENGTHS FOR 
TEMPORARY MILITARY TECHNICIANS (DUAL 
STATUS). 
(a) IN GENERAL.—Section 115(d) of title 10, United 
States Code, is amended— 
(1) in the first sentence, by striking ‘‘the end 
strength for military technicians (dual status)’’ and 
inserting ‘‘both the minimum end strength for non- 
temporary military technicians (dual status) and the 
maximum end strength for temporary military tech-
nicians (dual status)’’; and 
(2) in the third sentence, by striking ‘‘the end 
strength requested for military technicians (dual sta-
tus)’’ and inserting ‘‘the minimum end strength for 
non-temporary military technicians (dual status), 
and the maximum end strength for temporary mili-
tary technicians (dual status), requested’’.
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(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the day after the date of the 
enactment of this Act. The amendment made by subsection 
(a)(2) shall apply with respect to budgets submitted by the 
President to Congress under section 1105 of title 31, United 
States Code, after such effective date. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal year 2021 
for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not oth-
erwise provided for, for military personnel, as specified in 
the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any 
other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2021.
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TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AU-
THORIZED STRENGTHS OF CERTAIN COMMIS-
SIONED OFFICERS ON ACTIVE DUTY. 
Effective as of October 1, 2021, the text of section 523 
of title 10, United States Code, is amended to read as fol-
lows: 
‘‘The total number of commissioned officers serving on 
active duty in the Army, Air Force, or Marine Corps in 
each of the grades of major, lieutenant colonel, or colonel, 
or in the Navy in each of the grades of lieutenant com-
mander, commander, or captain, at the end of any fiscal 
year shall be as specifically authorized by Act of Congress 
for such fiscal year.’’. 
SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF EN-
HANCED CONSTRUCTIVE SERVICE CREDIT IN 
A PARTICULAR CAREER FIELD UPON ORIGI-
NAL APPOINTMENT AS A COMMISSIONED OF-
FICER. 
(a) REGULAR OFFICERS.—Subparagraph (D) of sec-
tion 533(b)(1) of title 10, United States Code, is amended 
to read as follows: 
‘‘(D) Additional credit as follows:
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‘‘(i) For special training or experience in a 
particular officer field as designated by the Sec-
retary concerned, if such training or experience 
is directly related to the operational needs of the 
armed force concerned. 
‘‘(ii) During fiscal years 2021 through 
2025, for advanced education in an officer field 
so designated, if such education is directly re-
lated to the operational needs of the armed force 
concerned.’’. 
(b) RESERVE OFFICERS.—Section 12207(b)(1) of such 
title is amended— 
(1) in the matter preceding subparagraph (A), 
‘‘or a designation in’’ and all that follows through 
‘‘education or training,’’ and inserting ‘‘and who has 
special training or experience, or advanced education 
(if applicable),’’; and 
(2) by striking subparagraph (D) and inserting 
the following new subparagraph: 
‘‘(D) Additional credit as follows: 
‘‘(i) For special training or experience in a 
particular officer field as designated by the Sec-
retary concerned, if such training or experience 
is directly related to the operational needs of the 
armed force concerned.
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‘‘(ii) During fiscal years 2021 through 
2025, for advanced education in an officer field 
so designated, if such education is directly re-
lated to the operational needs of the armed force 
concerned.’’. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than February 1, 
2022, and every four years thereafter, each Secretary 
of a military department shall submit to the Commit-
tees on Armed Services of the Senate and the House 
of Representatives a report on the use of the authori-
ties in subparagraph (D) of section 553(b)(1) of title 
10, United States Code (as amended by subsection 
(a)), and subparagraph (D) of section 12207(b)(1) of 
such title (as amended by subsection (b)) (each re-
ferred to in this subsection as a ‘‘constructive credit 
authority’’) during the preceding fiscal year for the 
Armed Forces under the jurisdiction of such Sec-
retary. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, for the fiscal year and Armed Forces 
covered by such report, the following: 
(A) The manner in which constructive serv-
ice credit was calculated under each constructive 
credit authority.
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(B) The number of officers credited con-
structive service credit under each constructive 
credit authority. 
(C) A description and assessment of the 
utility of the constructive credit authorities in 
meeting the operational needs of the Armed 
Force concerned. 
(D) Such other matters in connection with 
the constructive credit authorities as the Sec-
retary of the military department concerned con-
siders appropriate. 
SEC. 503. REQUIREMENT FOR PROMOTION SELECTION 
BOARD 
RECOMMENDATION 
OF 
HIGHER 
PLACEMENT ON PROMOTION LIST OF OFFI-
CERS OF PARTICULAR MERIT. 
(a) IN GENERAL.—Section 616(g) of title 10, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(B) by inserting ‘‘, pursuant to guidelines 
and procedures prescribed by the Secretary,’’ 
after ‘‘officers of particular merit’’; and
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(2) in paragraph (3), by inserting ‘‘, pursuant 
to guidelines and procedures prescribed by the Sec-
retary concerned,’’ after ‘‘shall recommend’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act, and shall apply with respect to officers rec-
ommended for promotion by promotion selection boards 
convened on or after that date. 
SEC. 504. SPECIAL SELECTION REVIEW BOARDS FOR RE-
VIEW OF PROMOTION OF OFFICERS SUBJECT 
TO 
ADVERSE 
INFORMATION 
IDENTIFIED 
AFTER RECOMMENDATION FOR PROMOTION 
AND RELATED MATTERS. 
(a) REGULAR OFFICERS.— 
(1) IN GENERAL.—Subchapter III of chapter 36 
of title 10, United States Code, is amended by insert-
ing after section 628 the following new section: 
‘‘§ 628a. Special selection review boards 
‘‘(a) IN GENERAL.—(1) If the Secretary of the military 
department concerned determines that a person rec-
ommended by a promotion board for promotion to a grade 
at or below the grade of major general, rear admiral in 
the Navy, or an equivalent grade in the Space Force is the 
subject of credible information of an adverse nature, includ-
ing any substantiated adverse finding or conclusion de-
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scribed in section 615(a)(3)(A) of this title, that was not 
furnished to the promotion board during its consideration 
of the person for promotion as otherwise required by such 
section, the Secretary shall convene a special selection re-
view board under this section to review the person and rec-
ommend whether the recommendation for promotion of the 
person should be sustained. 
‘‘(2) If a person and the recommendation for pro-
motion of the person is subject to review under this section 
by a special selection review board convened under this sec-
tion, the name of the person— 
‘‘(A) shall not be disseminated or publicly re-
leased on the list of officers recommended for pro-
motion by the promotion board recommending the 
promotion of the person; and 
‘‘(B) shall not be forwarded to the Secretary of 
Defense, the President, or the Senate, as applicable, or 
included on a promotion list under section 624(a) of 
this title. 
‘‘(b) CONVENING.—(1) Any special selection review 
board convened under this section shall be convened in ac-
cordance with the provisions of section 628(f) of this title. 
‘‘(2) Any special selection review board convened under 
this section may review such number of persons, and rec-
ommendations for promotion of such persons, as the Sec-
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retary of the military department concerned shall specify 
in convening such special selection review board. 
‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a 
person and recommending whether the recommendation for 
promotion of the person should be sustained under this sec-
tion, a special selection review board convened under this 
section shall be furnished and consider the following: 
‘‘(A) The record and information concerning the 
person furnished in accordance with section 615(a)(2) 
of this title to the promotion board that recommended 
the person for promotion. 
‘‘(B) Any credible information of an adverse na-
ture on the person, including any substantiated ad-
verse finding or conclusion from an officially docu-
mented investigation or inquiry described in section 
615(a)(3)(A) of this title. 
‘‘(2) The furnishing of information to a special selec-
tion review board under paragraph (1)(B) shall be governed 
by the standards and procedures referred to in paragraph 
(3)(C) of section 615(a) of this title applicable to the fur-
nishing of information described in paragraph (3)(A) of 
such section to selection boards in accordance with that sec-
tion. 
‘‘(3)(A) Before information on a person described in 
paragraph (1)(B) is furnished to a special selection review
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board for purposes of this section, the Secretary of the mili-
tary department concerned shall ensure that— 
‘‘(i) such information is made available to the 
person; and 
‘‘(ii) subject to subparagraphs (C) and (D), the 
person is afforded a reasonable opportunity to submit 
comments on such information to the special selection 
review board before its review of the person and the 
recommendation for promotion of the person under 
this section. 
‘‘(B) If information on a person described in para-
graph (1)(B) is not made available to the person as other-
wise required by subparagraph (A)(i) due to the classifica-
tion status of such information, the person shall, to the 
maximum extent practicable, be furnished a summary of 
such information appropriate to the person’s authorization 
for access to classified information. 
‘‘(C)(i) An opportunity to submit comments on infor-
mation is not required for a person under subparagraph 
(A)(ii) if— 
‘‘(I) such information was made available to the 
person in connection with the furnishing of such in-
formation under section 615(a) of this title to the pro-
motion board that recommended the promotion of the 
person subject to review under this section; and
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‘‘(II) the person submitted comments on such in-
formation to that promotion board. 
‘‘(ii) The comments on information of a person de-
scribed in clause (i)(II) shall be furnished to the special 
selection review board. 
‘‘(D) A person may waive either or both of the fol-
lowing: 
‘‘(i) The right to submit comments to a special 
selection review board under subparagraph (A)(ii). 
‘‘(ii) The furnishing of comments to a special se-
lection review board under subparagraph (C)(ii). 
‘‘(d) CONSIDERATION.—(1) In considering the record 
and information on a person under this section, the special 
selection review board shall compare such record and infor-
mation with an appropriate sampling of the records of those 
officers of the same competitive category who were rec-
ommended for promotion by the promotion board that rec-
ommended the person for promotion, and an appropriate 
sampling of the records of those officers who were considered 
by and not recommended for promotion by that promotion 
board. 
‘‘(2) Records and information shall be presented to a 
special selection review board for purposes of paragraph (1) 
in a manner that does not indicate or disclose the person
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or persons for whom the special selection review board was 
convened. 
‘‘(3) In considering whether the recommendation for 
promotion of a person should be sustained under this sec-
tion, a special selection review board shall, to the greatest 
extent practicable, apply standards used by the promotion 
board that recommended the person for promotion. 
‘‘(4) The recommendation for promotion of a person 
may be sustained under this section only if the special selec-
tion review board determines that the person— 
‘‘(A) ranks on an order of merit created by the 
special selection review board as better qualified for 
promotion than the sample officer highest on the order 
of merit list who was considered by and not rec-
ommended for promotion by the promotion board con-
cerned; and 
‘‘(B) is comparable in qualification for pro-
motion to those sample officers who were rec-
ommended for promotion by that promotion board. 
‘‘(5) A recommendation for promotion of a person may 
be sustained under this section only by a vote of a majority 
of the members of the special selection review board. 
‘‘(6) If a special selection review board does not sustain 
a recommendation for promotion of a person under this sec-
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tion, the person shall be considered to have failed of selection 
for promotion. 
‘‘(e) REPORTS.—(1) Each special selection review 
board convened under this section shall submit to the Sec-
retary of the military department concerned a written re-
port, signed by each member of the board, containing the 
name of each person whose recommendation for promotion 
it recommends for sustainment and certifying that the 
board has carefully considered the record and information 
of each person whose name was referred to it. 
‘‘(2) The provisions of sections 617(b) and 618 of this 
title apply to the report and proceedings of a special selec-
tion review board convened under this section in the same 
manner as they apply to the report and proceedings of a 
promotion board convened under section 611(a) of this title. 
‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report of 
a special selection review board convened under this section 
recommends the sustainment of the recommendation for 
promotion to the next higher grade of a person whose name 
was referred to it for review under this section, and the 
President approves the report, the person shall, as soon as 
practicable, be appointed to that grade in accordance with 
subsections (b) and (c) of section 624 of this title. 
‘‘(2) A person who is appointed to the next higher 
grade as described in paragraph (1) shall, upon that ap-
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pointment, have the same date of rank, the same effective 
date for the pay and allowances of that grade, and the same 
position on the active-duty list as the person would have 
had pursuant to the original recommendation for pro-
motion of the promotion board concerned. 
‘‘(g) REGULATIONS.—(1) The Secretary of Defense 
shall prescribe regulations to carry out this section. Such 
regulations shall apply uniformly across the military de-
partments. 
‘‘(2) Any regulation prescribed by the Secretary of a 
military department to supplement the regulations pre-
scribed pursuant to paragraph (1) may not take effect with-
out the approval of the Secretary of Defense, in writing. 
‘‘(h) PROMOTION BOARD DEFINED.—In this section, 
the term ‘promotion board ’means a selection board con-
vened by the Secretary of a military department under sec-
tion 611(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter III of chapter 36 
of such title is amended by inserting after the item 
relating to section 628 the following new item: 
‘‘628a. Special selection review boards.’’. 
(3) DELAY IN PROMOTION.—Section 624(d) of 
such title is amended— 
(A) in paragraph (1)—
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(i) in subparagraph (D), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (E), by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iii) by inserting after subparagraph 
(E) the following new subparagraph (F): 
‘‘(F) the Secretary of the military department 
concerned determines that credible information of an 
adverse nature, including a substantiated adverse 
finding 
or 
conclusion 
described 
in 
section 
615(a)(3)(A) of this title, with respect to the officer 
will result in the convening of a special selection re-
view board under section 628a of this title to review 
the officer and recommend whether the recommenda-
tion for promotion of the officer should be sustained.’’; 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
(C) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) In the case of an officer whose promotion is de-
layed pursuant to paragraph (1)(F) and whose rec-
ommendation for promotion is sustained, authorities for the 
promotion of the officer are specified in section 628a(f) of 
this title.’’; and
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(D) in paragraph (4), as redesignated by 
subparagraph (B)— 
(i) by striking ‘‘The appointment’’ and 
inserting ‘‘(A) Except as provided in sub-
paragraph (B), the appointment’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(B) In the case of an officer whose promotion is de-
layed pursuant to paragraph (1)(F), requirements applica-
ble to notice and opportunity for response to such delay are 
specified in section 628a(c)(3) of this title.’’. 
(b) RESERVE OFFICERS.— 
(1) IN
GENERAL.—Chapter 1407 of title 10, 
United States Code, is amended by inserting after sec-
tion 14502 the following new section: 
‘‘§ 14502a. Special selection review boards 
‘‘(a) IN GENERAL.—(1) If the Secretary of the military 
department concerned determines that a person rec-
ommended by a promotion board for promotion to a grade 
at or below the grade of major general or rear admiral in 
the Navy is the subject of credible information of an adverse 
nature, including any substantiated adverse finding or con-
clusion described in section 14107(a)(3)(A) of this title, that 
was not furnished to the promotion board during its consid-
eration of the person for promotion as otherwise required
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by such section, the Secretary shall convene a special selec-
tion review board under this section to review the person 
and recommend whether the recommendation for promotion 
of the person should be sustained. 
‘‘(2) If a person and the recommendation for pro-
motion of the person is subject to review under this section 
by a special selection review board convened under this sec-
tion, the name of the person— 
‘‘(A) shall not be disseminated or publicly re-
leased on the list of officers recommended for pro-
motion by the promotion board recommending the 
promotion of the person; and 
‘‘(B) shall not be forwarded to the Secretary of 
Defense, the President, or the Senate, as applicable, or 
included on a promotion list under section 14308(a) 
of this title. 
‘‘(b) CONVENING.—(1) Any special selection review 
board convened under this section shall be convened in ac-
cordance with the provisions of section 14502(b)(2) of this 
title. 
‘‘(2) Any special selection review board convened under 
this section may review such number of persons, and rec-
ommendations for promotion of such persons, as the Sec-
retary of the military department concerned shall specify 
in convening such special selection review board.
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‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a 
person and recommending whether the recommendation for 
promotion of the person should be sustained under this sec-
tion, a special selection review board convened under this 
section shall be furnished and consider the following: 
‘‘(A) The record and information concerning the 
person 
furnished 
in 
accordance 
with 
section 
14107(a)(2) of this title to the promotion board that 
recommended the person for promotion. 
‘‘(B) Any credible information of an adverse na-
ture on the person, including any substantiated ad-
verse finding or conclusion from an officially docu-
mented investigation or inquiry described in section 
14107(a)(3)(A) of this title. 
‘‘(2) The furnishing of information to a special selec-
tion review board under paragraph (1)(B) shall be governed 
by the standards and procedures referred to in paragraph 
(3)(B) of section 14107(a) of this title applicable to the fur-
nishing of information described in paragraph (3)(A) of 
such section to promotion boards in accordance with that 
section. 
‘‘(3)(A) Before information on person described in 
paragraph (1)(B) is furnished to a special selection review 
board for purposes of this section, the Secretary of the mili-
tary department concerned shall ensure that—
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‘‘(i) such information is made available to the 
person; and 
‘‘(ii) subject to subparagraphs (C) and (D), the 
person is afforded a reasonable opportunity to submit 
comments on such information to the special selection 
review board before its review of the person and the 
recommendation for promotion of the person under 
this section. 
‘‘(B) If information on an officer described in para-
graph (1)(B) is not made available to the person as other-
wise required by subparagraph (A)(i) due to the classifica-
tion status of such information, the person shall, to the 
maximum extent practicable, be furnished a summary of 
such information appropriate to the person’s authorization 
for access to classified information. 
‘‘(C)(i) An opportunity to submit comments on infor-
mation is not required for a person under subparagraph 
(A)(ii) if— 
‘‘(I) such information was made available to the 
person in connection with the furnishing of such in-
formation under section 14107(a) of this title to the 
promotion board that recommended the promotion of 
the person subject to review under this section; and 
‘‘(II) the person submitted comments on such in-
formation to that promotion board.
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nisms for tracking inventory and avail-
ability of the item in the strategic reserve; 
(L) identify mechanisms in existence on the 
date of enactment of this Act and mechanisms 
that can be developed to ensure that the swift 
transport and delivery of the items described in 
subparagraph (I) is feasible in the event of a dis-
tribution network disturbance or degradation, 
including a distribution network disturbance or 
degradation caused by a significant event; 
(M) include guidance for determining the 
prioritization for the distribution of the items 
described in subparagraph (I), including dis-
tribution to States and Indian Tribes; 
(N) consider the advisability and feasibility 
of mechanisms for extending the credit of the 
United States or providing other financial sup-
port authorized by law to key participants in the 
economy of the United States if the extension or 
provision of other financial support— 
(i) is necessary to avoid severe eco-
nomic degradation; or 
(ii) allows for the recovery from a sig-
nificant event;