950 
Defense for space, nuclear deterrence, and missile de-
fense.’’. 
(b) SPACE FORCE ACQUISITION COUNCIL.—Section 
9021(b)(3) of title 10, United States Code, is amended 
by striking ‘‘Assistant Secretary of Defense for Space Pol-
icy’’ and inserting ‘‘Assistant Secretary of Defense for 
Space and Strategic Deterrence Policy’’. 
(c) ELEMENTS OF OFFICE.—Section 955(b) of the 
National Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92; 133 Stat. 1565) is amended by strik-
ing ‘‘Assistant Secretary of Defense for Space Policy’’ and 
inserting ‘‘Assistant Secretary of Defense for Space and 
Strategic Deterrence Policy’’. 
SEC. 922. OFFICE OF THE CHIEF OF SPACE OPERATIONS. 
(a) IN GENERAL.—Chapter 908 of title 10, United 
States Code, is amended by striking section 9083 and in-
serting the following new sections: 
‘‘§ 9083. Office of the Chief of Space Operations: func-
tion; composition 
‘‘(a) FUNCTION.—There is in the executive part of 
the Department of the Air Force an Office of the Chief 
of Space Operations to assist the Secretary of the Air 
Force in carrying out the responsibilities of the Secretary. 
‘‘(b) COMPOSITION.—The Office of the Chief of 
Space Operations is composed of the following:
951 
‘‘(1) The Chief of Space Operations. 
‘‘(2) Other members of the Space Force and 
Air Force assigned or detailed to the Office of the 
Chief of Space Operations. 
‘‘(3) Civilian employees in the Department of 
the Air Force assigned or detailed to the Office of 
the Chief of Space Operations. 
‘‘(c) ORGANIZATION.—Except as otherwise specifi-
cally prescribed by law, the Office of the Chief of Space 
Operations shall be organized in such manner, and the 
members of the Office of the Chief of Space Operations 
shall perform such duties and have such titles, as the Sec-
retary of the Air Force may prescribe. 
‘‘§ 9084. Office of the Chief of Space Operations: gen-
eral duties 
‘‘(a) PROFESSIONAL ASSISTANCE.—The Office of the 
Chief of Space Operations shall furnish professional as-
sistance to the Secretary, the Under Secretary, and the 
Assistant Secretaries of the Air Force and to the Chief 
of Space Operations. 
‘‘(b) AUTHORITIES.—Under the authority, direction, 
and control of the Secretary of the Air Force, the Office 
of the Chief of Space Operations shall— 
‘‘(1) subject to subsections (c) and (d) of sec-
tion 9014 of this title, prepare for such employment
952 
of the Space Force, and for such recruiting, orga-
nizing, supplying, equipping (including research and 
development), training, servicing, mobilizing, de-
mobilizing, administering, and maintaining of the 
Space Force, as will assist in the execution of any 
power, duty, or function of the Secretary of the Air 
Force or the Chief of Space Operations; 
‘‘(2) investigate and report upon the efficiency 
of the Space Force and its preparation to support 
military operations by commanders of the combatant 
commands; 
‘‘(3) prepare detailed instructions for the execu-
tion of approved plans and supervise the execution 
of those plans and instructions; 
‘‘(4) as directed by the Secretary of the Air 
Force or the Chief of Space Operations, coordinate 
the action of organizations of the Space Force; and 
‘‘(5) perform such other duties, not otherwise 
assigned by law, as may be prescribed by the Sec-
retary of the Air Force.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections at the beginning of chapter 908 of such title is 
amended by striking the item related to section 9083 and 
adding at the end the following new items: 
‘‘9083. Office of the Chief of Space Operations: function; composition 
‘‘9084. Office of the Chief of Space Operations: general duties’’.
953 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date on which the Sec-
retary of the Air Force and the Chief of Space Operations 
jointly submit to the congressional defense committees a 
report detailing the functions that the headquarters staff 
of the Department of the Air Force will continue to per-
form in support of the Space Force. 
(d) NO AUTHORIZATION OF ADDITIONAL MILITARY 
BILLETS.—The Secretary shall establish the Office of the 
Chief of Space Operations under section 9083 of title 10, 
United States Code, as added by subsection (a), using 
military personnel otherwise authorized. Nothing in this 
section or the amendments made by this section shall be 
construed to authorize additional military billets for the 
purposes of, or in connection with, the establishment of 
the Office of the Chief of Space Operations. 
SEC. 923. SPACE FORCE MEDAL. 
(a) SPACE FORCE MEDAL.—Chapter 937 of title 10, 
United States Code, is amended by inserting after section 
9280 the following new section: 
‘‘§ 9280a. Space Force Medal: award; limitations 
‘‘(a) The President may award a decoration called the 
‘Space Force Medal’, of appropriate design with accom-
panying ribbon, to any person who, while serving in any 
capacity with the Space Force, distinguishes himself or
954 
herself by heroism not involving actual conflict with an 
enemy. 
‘‘(b) Not more than one Space Force Medal may be 
awarded to a person. However, for each succeeding act 
that would otherwise justify award of such a medal, the 
President may award a suitable bar or other device to be 
worn as the President directs.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections at the beginning of such chapter is amended by 
inserting after the item relating to section 9280 the fol-
lowing new item: 
‘‘9280a. Space Force Medal: award; limitations.’’. 
SEC. 924. CLARIFICATION OF PROCUREMENT OF COMMER-
CIAL SATELLITE COMMUNICATIONS SERV-
ICES. 
(a) IN GENERAL.—Chapter 963 of title 10, United 
States Code, is amended by inserting before section 9532 
the following new section: 
‘‘§ 9531. Procurement of commercial satellite commu-
nications services 
‘‘The Chief of Space Operations shall be responsible 
for the procurement of commercial satellite communica-
tions services for the Department of Defense.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections at the beginning of chapter 963 of such title is
955 
amended by inserting before the item relating to section 
9532 the following new item: 
‘‘9531. Procurement of commercial satellite communications services.’’. 
SEC. 925. TEMPORARY EXEMPTION FROM AUTHORIZED 
DAILY 
AVERAGE 
OF 
MEMBERS 
IN 
PAY 
GRADES E–8 AND E–9. 
Section 517 of title 10, United States Code, shall not 
apply to the Space Force until October 1, 2023. 
SEC. 926. ONE-TIME UNIFORM ALLOWANCE FOR MEMBERS 
TRANSFERRED TO THE SPACE FORCE. 
(a) IN GENERAL.—The Secretary of the Air Force 
may provide an officer or enlisted member who transfers 
from the Army, Navy, Air Force, or Marine Corps to the 
Space Force an allowance of not more than $400 as reim-
bursement for the purchase of required uniforms and 
equipment. 
(b) RELATIONSHIP TO OTHER ALLOWANCES.—The 
allowance under this section is in addition to any allow-
ance available under any other provision of law. 
(c) SOURCE OF FUNDS.—Funds for allowances pro-
vided under subsection (a) in a fiscal year may be derived 
only from amounts authorized to be appropriated for mili-
tary personnel for such fiscal year. 
(d) APPLICABILITY.—The authority for an allowance 
under this section shall apply with respect to any member 
of the Army, Navy, Air Force, or Marine Corps who trans-
956 
fers to the Space Force on or after December 20, 2019, 
and on or before September 30, 2023. 
SEC. 927. RANK AND GRADE STRUCTURE OF THE UNITED 
STATES SPACE FORCE. 
The Space Force shall use a system of ranks and 
grades that is identical to the system of ranks and grades 
used by the Navy. 
SEC. 928. REPORT ON THE ROLE OF THE NAVAL POST-
GRADUATE SCHOOL IN SPACE EDUCATION. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Navy shall submit to the congressional defense com-
mittees a report on the future role of the Naval Post-
graduate School in space education. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) An overview of the Naval Postgraduate 
School’s existing space-focused education and re-
search capabilities, programs, products, and outputs. 
(2) An identification and evaluation of addi-
tional space-focused educational requirements that 
may be fulfilled by the Naval Postgraduate school, 
including any requirements resulting from the estab-
lishment of the Space Force or otherwise neces-
957 
sitated by the evolving space-related needs of the 
Department of Defense. 
(3) A plan for meeting the requirements identi-
fied under paragraph (2), including a description of 
the types and amounts of additional resources that 
may be needed for the Naval Postgraduate School to 
meet such requirements over the period of 5 fiscal 
years following the date of the report. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2021 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that
958 
the Secretary may transfer under the authority of 
this section may not exceed $4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by sub-
section (a) to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a).
959 
(e) CERTIFICATION REQUIREMENT.—The authority 
to transfer any authorization under this section may not 
be used until the Secretary of Defense and the head of 
each entity affected by such transfer submits to the con-
gressional defense committees certification in writing 
that— 
(1) the amount transferred will be used for 
higher priority items, based on unforeseen military 
requirements, than the items from which authority is 
transferred; and 
(2) the amount transferred will not be used for 
any item for which funds have been denied author-
ization by Congress. 
SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage.
960 
SEC. 1003. PANDEMIC PREPAREDNESS AND RESILIENCE 
NATIONAL SECURITY FUND. 
(a) FUND PURPOSES.—Amounts authorized to be ap-
propriated for Research and Development, Defense-Wide, 
Pandemic Preparedness and Resilience National Security 
Fund shall be available for obligation and expenditure only 
for the purposes of pandemic preparedness. Such amounts 
may not be used for a purpose or program unless the pur-
pose or program is authorized by law. 
(b) TRANSFERS.— 
(1) IN GENERAL.—Amounts referred to in sub-
section (a) may be transferred as follows: 
(A) To Procurement, Defense-wide and 
Research, Development, Test, and Evaluation, 
Defense-wide, not more than an aggregate of 
$200,000,000 to carry out the Small Business 
Industrial Base Resilience Program established 
by section 844 of this Act. 
(B) To Research, Development, Test, and 
Evaluation, Defense-wide, line 9, Biomedical 
Technology, not more than $50,000,000 for re-
search that aims to rapidly produce medical 
countermeasures against novel threats, at popu-
lation scale and approved for use in people. 
(C) To the following, not more than an ag-
gregate of $750,000,000 to support research
961 
and development efforts directly related to bio-
preparedness and pandemic preparedness and 
resilience: 
(i) Research, Development, Test, and 
Evaluation, Army. 
(ii) Research, Development, Test, and 
Evaluation, Navy. 
(iii) Research, Development, Test, and 
Evaluation, Air Force. 
(iv) Research, Development, Test, and 
Evaluation, Defense-wide. 
(v) Defense Health Program. 
(D) To Research, development, test, and 
evaluation, Defense-wide, Line 16, Chemical 
and Biological Defense Program, not more than 
$27,000,000 for research and development to 
detect and model treatments for nuclear, chem-
ical, and biological exposure. 
(E) To research, development, test, and 
evaluation, Defense-wide, line 44, Chemical and 
Biological Defense Program – Advanced Devel-
opment, not more than $30,000,000 for the de-
velopment of decontamination technologies for 
civilian pandemic preparedness.
962 
(F) To research, development, test, and 
evaluation, Defense-wide, line 49, Manufac-
turing Science and Technology Program, not 
more than $35,000,000 for support for the de-
velopment of advanced manufacturing tech-
niques and technologies that enable the United 
States defense industrial base to rapidly 
produce needed materials for novel biological 
threats. 
(2) LIMITATION.—Amounts referred to in sub-
section (a) may not be transferred for— 
(A) Drug Interdiction and Counter-Drug 
Activities; or 
(B) military construction (as defined in 
section 2801(a) of title 10, United States 
Code), including the purposes described in sec-
tion 2802(b) of such title, or military family 
housing, including the purposes described in 
section 2821(a) of such title. 
(3) NOTICE REQUIREMENT.—Not later than 30 
days before transferring any amount described in 
subsection (a), the Secretary of Defense shall submit 
to the congressional defense committees notice of the 
transfer.
963 
(4) EXCEPTION FROM GENERAL TRANSFER AU-
THORITY.—A transfer under this subsection shall 
not be counted toward the dollar amount limitation 
under section 1001. 
SEC. 1004. BUDGET MATERIALS FOR SPECIAL OPERATIONS 
FORCES. 
Section 226 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘of Defense and the Sec-
retary of each of the military departments’’ 
after ‘‘Secretary’’; 
(B) by striking ‘‘2021’’ and inserting 
‘‘2022’’; 
(C) by striking ‘‘a consolidated budget jus-
tification display’’ and inserting ‘‘a budget jus-
tification display for each applicable appropria-
tion’’; 
(D) in the second sentence, by striking 
‘‘display’’ and all that follows and inserting 
‘‘displays shall include each of the following:’’ 
and 
(E) by adding at the end the following new 
paragraphs:
964 
‘‘(1) Details at the appropriation and line item 
level, including any amount for service-common sup-
port, acquisition support, training, operations, pay 
and allowances, base operations sustainment, and 
any other common services and support. 
‘‘(2) An identification of any change in the level 
or type of service-common support and enabling ca-
pabilities provided by each of the military services or 
Defense Agencies to special operations forces for the 
fiscal year covered by the budget justification display 
when compared to the preceding fiscal year, includ-
ing the rationale for any such change and any miti-
gating actions. 
‘‘(3) An assessment of the specific effects that 
the budget justification display for the fiscal year 
covered by the display and any anticipated future 
manpower and force structure changes are likely to 
have on the ability of each of the military services 
to provide service-common support and enabling ca-
pabilities to special operations forces. 
‘‘(4) Any other matters the Secretary of De-
fense or the Secretary of a military department de-
termines are relevant.’’; 
(2) by redesignating subsection (b) as sub-
section (c); and
965 
(3) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) CONSOLIDATED BUDGET JUSTIFICATION DIS-
PLAY.—The Secretary of Defense shall include, in the 
budget materials submitted to Congress under section 
1105 of title 31, for fiscal year 2022 and any subsequent 
fiscal year, a consolidated budget justification display con-
taining the same information as is required in the budget 
justification displays required under subsection (a). Such 
consolidated budget justification display may be provided 
as a summary by appropriation for each military depart-
ment and a summary by appropriation for all Defense 
Agencies.’’. 
SEC. 1005. DEPARTMENT OF DEFENSE AUDIT REMEDI-
ATION PLAN. 
Section 240g(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraphs:
966 
‘‘(4) the amount spent by the Department on 
operating and maintaining financial management 
systems during the preceding five fiscal years; and 
‘‘(5) the amount spent by the Department on 
acquiring or developing new financial management 
systems during such five fiscal years.’’. 
SEC. 1006. PUBLIC AVAILABILITY OF DEPARTMENT OF DE-
FENSE LEGISLATIVE PROPOSALS. 
Not later than 7 days after the transmission to the 
Committee on Armed Services of the Senate or the Com-
mittee on Armed Services of the House of Representatives 
of any Department of Defense legislative proposal, the 
Secretary of Defense shall make publicly available on a 
website of the Department such legislative proposal, in-
cluding any bill text and section-by-section analyses asso-
ciated with the proposal. 
Subtitle B—Counterdrug Activities 
SEC. 1011. SUPPORT FOR COUNTERDRUG ACTIVITIES AND 
ACTIVITIES TO COUNTER TRANSNATIONAL 
ORGANIZED CRIME AFFECTING FLOW OF 
DRUGS INTO THE UNITED STATES. 
Section 284(c) of title 10, United States Code, is 
amended— 
(1) by striking paragraph (2), and inserting the 
following new paragraph (2):
967 
‘‘(2) SECRETARY OF STATE CONCURRENCE.— 
The Secretary may only provide support for a pur-
pose described in this subsection with the concur-
rence of the Secretary of State.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) PRIORITY.—In providing support for a 
purpose described in this subsection, the Secretary 
shall give priority to support requested for the pur-
pose of affecting the flow of drugs into the United 
States.’’. 
SEC. 1012. CONGRESSIONAL NOTIFICATION WITH RESPECT 
TO DEPARTMENT OF DEFENSE SUPPORT 
PROVIDED TO OTHER UNITED STATES AGEN-
CIES FOR COUNTERDRUG ACTIVITIES AND 
ACTIVITIES TO COUNTER TRANSNATIONAL 
ORGANIZED CRIME. 
Section 284(h) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (A) 
and (B) as subparagraphs (B) and (C), respec-
tively; and
968 
(B) by inserting before subparagraph (B), 
as so redesignated, the following new subpara-
graph (A): 
‘‘(A) In case of support for a purpose de-
scribed in subsection (b)— 
‘‘(i) an identification of the recipient 
of the support; 
‘‘(ii) a description of the support pro-
vided; 
‘‘(iii) a description of the sources and 
amounts of funds used to provide such 
support; and 
‘‘(iv) a description of the amount of 
funds obligated to provide such support.’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—For purposes of any notice submitted 
under this subsection with respect to support de-
scribed in paragraph (1)(A), the appropriate com-
mittees of Congress are— 
‘‘(A) the Committees on Armed Services of 
the Senate and House of Representatives; and
969 
‘‘(B) any committee with jurisdiction over 
the department or agency that receives the sup-
port covered by the notice.’’. 
Subtitle C—Naval Vessels 
SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN 
FUNDS WITHOUT NAVAL VESSELS PLAN AND 
CERTIFICATION. 
Section 231(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Secretary of the Navy’’ 
and inserting ‘‘Secretary of Defense’’; and 
(B) by striking ‘‘50 percent’’ and inserting 
‘‘25 percent’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘Secretary of the Navy’’ 
and inserting ‘‘Secretary of Defense’’; and 
(B) by striking ‘‘operation and mainte-
nance, Navy’’ and inserting ‘‘operation and 
maintenance, Defense-wide’’. 
SEC. 1022. LIMITATIONS ON USE OF FUNDS IN THE NA-
TIONAL DEFENSE SEALIFT FUND FOR PUR-
CHASE OF FOREIGN CONSTRUCTED VESSELS. 
Section 2218(f)(3) of title 10, United States Code, 
is amended—
970 
(1) in subparagraph (C), by striking ‘‘seven’’ 
and inserting ‘‘nine’’; and 
(2) in subparagraph (E), by striking ‘‘two’’ and 
inserting ‘‘four’’. 
SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE 
FUND FOR INCREMENTALLY FUNDED CON-
TRACTS TO PROVIDE FULL FUNDING FOR CO-
LUMBIA CLASS SUBMARINES. 
Section 2218a(h)(1) of title 10, United States Code, 
is amended by striking ‘‘and properly phased installment 
payments’’ and inserting ‘‘, properly phased installment 
payments, and full funding for the first two Columbia 
class submarines’’. 
SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN 
TRANSPORTING SUPPLIES BY SEA. 
(a) PREFERENCE FOR UNITED STATES VESSELS IN 
TRANSPORTING SUPPLIES BY SEA.— 
(1) IN
GENERAL.—Section 2631 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 2631. Preference for United States vessels in trans-
porting supplies by sea 
‘‘(a) IN GENERAL.—Supplies bought for the Army, 
Navy, Air Force, or Marine Corps, or for a Defense Agen-
cy, or otherwise transported by the Department of De-
fense, may only be transported by sea in—
971 
‘‘(1) a vessel belonging to the United States; or 
‘‘(2) a vessel of the United States (as such term 
is defined in section 116 of title 46). 
‘‘(b) WAIVER
AND NOTIFICATION.—(1) The Sec-
retary of Defense may waive the requirement under sub-
section (a) if such a vessel is— 
‘‘(A) not available at a fair and reasonable rate 
for commercial vessels of the United States; or 
‘‘(B) otherwise not available. 
‘‘(2) At least once each fiscal year, the Secretary of 
Defense shall submit, in writing, to the appropriate con-
gressional committees a notice of any waiver granted 
under this subsection and the reasons for such waiver. 
‘‘(c) REQUIREMENTS FOR REFLAGGING OR REPAIR 
WORK.—(1) In each request for proposals to enter into 
a time-charter contract for the use of a vessel for the 
transportation of supplies under this section, the Sec-
retary of Defense shall require that— 
‘‘(A) any reflagging or repair work on a vessel 
for which a proposal is submitted in response to the 
request for proposals be performed in the United 
States (including any territory of the United States); 
and 
‘‘(B) any corrective and preventive maintenance 
or repair work on a vessel under contract pursuant
972 
to this section relevant to the purpose of such con-
tract be performed in the United States (including 
any territory of the United States) for the duration 
of the contract, to the greatest extent practicable. 
‘‘(2) The Secretary of Defense may waive a require-
ment under paragraph (1) if the Secretary determines that 
such waiver is critical to the national security of the 
United States. The Secretary shall immediately submit, in 
writing, to the appropriate congressional committees a no-
tice of any waiver granted under this paragraph and the 
reasons for such waiver. 
‘‘(3) In this subsection: 
‘‘(A) The term ‘reflagging or repair work’ 
means work performed on a vessel— 
‘‘(i) to enable the vessel to meet applicable 
standards to become a vessel of the United 
States; or 
‘‘(ii) to convert the vessel to a more useful 
military configuration. 
‘‘(B) The term ‘corrective and preventive main-
tenance or repair’ means— 
‘‘(i) maintenance or repair actions per-
formed as a result of a failure in order to re-
turn or restore equipment to acceptable per-
formance levels; and
973 
‘‘(ii) scheduled maintenance or repair ac-
tions to prevent or discover functional failures. 
‘‘(d) COMPLIANCE.—The Secretary of Defense shall 
ensure that contracting officers of the Department of De-
fense award contracts under this section to responsible 
offerors and monitor and ensure compliance with the re-
quirements of this section. The Secretary shall— 
‘‘(1) ensure that timely, accurate, and complete 
information on contractor performance under this 
section is included in any contractor past perform-
ance database used by an executive agency; and 
‘‘(2) exercise appropriate contractual rights and 
remedies against contractors who fail to comply with 
this section, or subchapter I of chapter 553 of title 
46 as determined by the Secretary of Transportation 
under such subchapter, including by— 
‘‘(A) determining that a contractor is ineli-
gible for an award of such a contract; or 
‘‘(B) terminating such a contract or sus-
pension or debarment of the contractor for such 
contract. 
‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means—
974 
‘‘(1) the Committees on Armed Services of the 
Senate and the House of Representatives; 
‘‘(2) the Committee on Transportation and In-
frastructure of the House of Representatives; and 
‘‘(3) the Committee on Commerce, Science, and 
Transportation of the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 157 of title 10, United States 
Code, is amended by amending the item relating to 
section 2361 to read as follows: 
‘‘2361. Preference for United States vessels in transporting supplies by sea.’’. 
(b) AMENDMENTS TO TITLE 46, UNITED STATES 
CODE.— 
(1) TRANSFER
OF
PROVISION
RELATING
TO 
PRIORITY LOADING FOR COAL.— 
(A) IN GENERAL.—Section 55301 of title 
46, United States Code, is redesignated as sec-
tion 55123 of such title, transferred to appear 
after section 55122 of such title, and amended 
so that the enumerator, section heading, type-
face, and typestyle conform to those appearing 
in other sections in such title. 
(B) CONFORMING AMENDMENTS.— 
(i) The analysis for subchapter I of 
chapter 553 of title 46, United States
975 
Code, is amended by striking the item re-
lating to section 55301. 
(ii) The analysis for chapter 551 of 
title 46, United States Code, is amended 
by inserting after the item relating to sec-
tion 55122 the following new item: 
‘‘55123. Priority loading for coal.’’. 
(2) AMENDMENT TO SUBCHAPTER HEADING.— 
The heading of subchapter I of chapter 553 of title 
46, United States Code, is amended to read as fol-
lows: 
‘‘SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION’’. 
SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF 
NAVAL VESSELS IN FOREIGN SHIPYARDS. 
(a) EXCEPTION FOR DAMAGE REPAIR DUE TO HOS-
TILE ACTIONS OR INTERVENTIONS.—Section 8680(a) of 
title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘, other than 
in the case of voyage repairs’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) Notwithstanding paragraph (1), a naval vessel 
described in paragraph (1) may be repaired in a shipyard 
outside the United States or Guam if the repairs are— 
‘‘(A) voyage repairs; or
976 
‘‘(B) necessary to correct damage sustained due 
to hostile actions or interventions.’’. 
(b) LIMITED AUTHORITY TO USE FOREIGN WORK-
ERS.—Section 8680(a)(2)(B)(i) of title 10, United States 
Code, is amended— 
(1) by inserting ‘‘(I)’’ after ‘‘(i)’’; and 
(2) by adding at the end the following new sub-
clauses: 
‘‘(II) Notwithstanding subclause (I), foreign workers 
may be used to perform corrective and preventive mainte-
nance or repair on a vessel as described in subparagraph 
(A) only if the Secretary of the Navy determines that trav-
el by United States Government personnel or United 
States contractor personnel to perform the corrective or 
preventive maintenance or repair is not advisable for 
health or safety reasons. The Secretary of the Navy may 
not delegate the authority to make a determination under 
this subclause. 
‘‘(III) Not later than 30 days after making a deter-
mination under subclause (II), the Secretary of the Navy 
shall submit to the congressional defense committees writ-
ten notification of the determination. The notification 
shall include the reasons why travel by United States per-
sonnel is not advisable for health or safety reasons, the 
location where the corrective and preventive maintenance
977 
or repair will be performed, and the approximate duration 
of the corrective and preventive maintenance or repair.’’. 
(c) 
TECHNICAL
CORRECTION.—Section 
8680(a)(2)(C)(ii) of title 10, United States Code, is 
amended by striking the period after ‘‘means—’’. 
SEC. 1026. BIANNUAL REPORT ON SHIPBUILDER TRAINING 
AND THE DEFENSE INDUSTRIAL BASE. 
(a) IN GENERAL.—Chapter 863 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 8692. Biannual report on shipbuilder training and 
the defense industrial base 
‘‘Not later than February 1 of each even-numbered 
year until 2026, the Secretary of Defense, in coordination 
with the Secretary of Labor, shall submit to the Com-
mittee on Armed Services and the Committee on Health, 
Education, Labor, and Pensions of the Senate and the 
Committee on Armed Services and the Committee on Edu-
cation and Labor of the House of Representatives a report 
on shipbuilder training and hiring requirements necessary 
to achieve the Navy’s 30-year shipbuilding plan and to 
maintain the shipbuilding readiness of the defense indus-
trial base. Each such report shall include each of the fol-
lowing:
978 
‘‘(1) An analysis and estimate of the time and 
investment required for new shipbuilders to gain 
proficiency in particular shipbuilding occupational 
specialties, including detailed information about the 
occupational specialty requirements necessary for 
construction of naval surface ship and submarine 
classes to be included in the Navy’s 30-year ship-
building plan. 
‘‘(2) An analysis of the age demographics and 
occupational experience level (measured in years of 
experience) of the shipbuilding defense industrial 
workforce. 
‘‘(3) An analysis of the potential time and in-
vestment challenges associated with developing and 
retaining shipbuilding skills in organizations that 
lack intermediate levels of shipbuilding experience. 
‘‘(4) Recommendations concerning how to ad-
dress shipbuilder training during periods of demo-
graphic transition and evolving naval fleet architec-
ture consistent with the Navy’s 2020 Integrated 
Force Structure Assessment. 
‘‘(5) An analysis of whether emerging tech-
nologies, such as augmented reality, may aid in new 
shipbuilder training.
979 
‘‘(6) Recommendations concerning how to en-
courage young adults to enter the defense ship-
building industry and to develop the skills necessary 
to support the shipbuilding defense industrial base.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘8692. Biannual report on shipbuilder training and the defense industrial 
base.’’. 
SEC. 1027. PROHIBITION ON USE OF FUNDS FOR RETIRE-
MENT OF CERTAIN LITTORAL COMBAT SHIPS. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2021 for the Navy may be obligated or ex-
pended to retire or prepare for the retirement, transfer, 
or placement in storage any ships designated as LCS–3 
or LCS–4 until the date on which the Secretary of the 
Navy submits the certification required under subsection 
(b). 
(b) CERTIFICATION.—Upon the completion of all 
operational tests on each of the mission modules designed 
for the Littoral Combat Ship, the Secretary of the Navy 
shall submit to the congressional defense committees cer-
tification of such completion.
980 
SEC. 
1028. 
REPORT 
ON 
IMPLEMENTATION 
OF 
COM-
MANDANT’S PLANNING GUIDANCE. 
(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 the implementation of the Commandant’s Plan-
ning Guidance. Such report shall include a detailed de-
scription of each of the following: 
(1) The specific number and type of manned 
littoral ships required to execute such Guidance. 
(2) The role of long-range unmanned surface 
vessels in the execution of such Guidance. 
(3) How platforms referred to in paragraphs 
(1) and (2) account for and interact with ground- 
based missiles fielded by teams of Marines deployed 
throughout the Indo-Pacific region. 
(4) The integrated naval command and control 
architecture required to support the platforms re-
ferred to in paragraphs (1) and (2). 
(5) The projected cost and any additional re-
sources required to deliver the platforms referred to 
in paragraph (1) and (2) by not later than 5 years 
after the date of the enactment of this Act. 
(b) FORM OF REPORT.—The report required under 
this section shall be submitted in unclassified form, but
981 
may contain a classified annex. The unclassified report 
shall be made publicly available. 
SEC. 1029. LIMITATION ON NAVAL FORCE STRUCTURE 
CHANGES. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2021 
for the Navy may be obligated or expended to retire, or 
to prepare for the retirement, transfer, or placement in 
storage of, any Department of the Navy ship until the date 
that is 30 days after the date on which Secretary of De-
fense submits to the congressional defense committees the 
2020 Naval Integrated Force Structure Assessment. 
Subtitle D—Counterterrorism 
SEC. 1031. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO CERTAIN COUNTRIES. 
No amounts authorized to be appropriated or other-
wise made available for the Department of Defense may 
be used during the period beginning on the date of the 
enactment of this Act and ending on December 31, 2021, 
to transfer, release, or assist in the transfer or release of 
any individual detained in the custody or under the control 
of the Department of Defense at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to the custody or control
982 
of any country, or any entity within such country, as fol-
lows: 
(1) Libya. 
(2) Somalia. 
(3) Syria. 
(4) Yemen. 
SEC. 1032. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY 
FOREIGN TERRORIST ORGANIZATIONS. 
(a) ANNUAL REPORT.—The Secretary of Defense, in 
coordination with the Secretary of State, shall submit to 
the appropriate congressional committees an annual re-
port on— 
(1) the use of online social media platforms by 
entities designated as foreign terrorist organizations 
by the Department of State for recruitment, fund-
raising, and the dissemination of information; and 
(2) the threat posed to the national security of 
the United States by the online radicalization of ter-
rorists and violent extremists. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the appropriate congressional committees 
are— 
(1) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Permanent
983 
Select Committee on Intelligence of the House of 
Representatives; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select 
Committee on Intelligence of the Senate. 
Subtitle E—Miscellaneous 
Authorities and Limitations 
SEC. 1041. SUPPORT OF SPECIAL OPERATIONS TO COMBAT 
TERRORISM. 
Section 127e of title 10, United States Code, is 
amended— 
(1) by striking subsection (c) and inserting the 
following new subsection (c): 
‘‘(c) PROCEDURES.— 
‘‘(1) IN GENERAL.—The authority in this sec-
tion shall be exercised in accordance with such pro-
cedures as the Secretary shall establish for purposes 
of this section. The Secretary shall notify the con-
gressional defense committees of any material 
change to such procedures. 
‘‘(2) ELEMENTS.—The procedures required 
under paragraph (1) shall establish, at a minimum, 
each of the following:
984 
‘‘(A) Policy, strategy, or other guidance for 
the execution of, and constraints within, activi-
ties conducted under this section. 
‘‘(B) The processes through which activi-
ties conducted under this section are to be de-
veloped, validated, and coordinated, as appro-
priate, with relevant Federal entities. 
‘‘(C) The processes through which legal re-
views and determinations are made to comply 
with this section and ensure that the exercise of 
authority under this section is consistent with 
the national security of the United States. 
‘‘(3) NOTICE
TO
CONGRESS.—The Secretary 
shall provide to the congressional defense commit-
tees a notice of the procedures established pursuant 
to this section before any exercise of the authority 
in this section, and shall notify such committees of 
any material change of the procedures.’’; 
(2) in subsection (d)— 
(A) in the subsection heading, by inserting 
‘‘OF INITIATION OF SUPPORT OF AN APPROVED 
MILITARY OPERATION’’ after ‘‘NOTIFICATION’’; 
(B) in paragraph (1), by striking ‘‘15’’ and 
inserting ‘‘30’’; and
985 
(C) in paragraph (2), by adding at the end 
the following new subparagraphs: 
‘‘(G) A description of the entities with 
which the recipients of support are engaged in 
hostilities and whether each such entity is cov-
ered under an authorization for use of military 
force. 
‘‘(H) A description of the steps taken to 
ensure the support is consistent with other 
United States diplomatic and security objec-
tives, including issues related to local political 
dynamics, civil-military relations, and human 
rights. 
‘‘(I) A description of the steps taken to en-
sure that the recipients of the support have not 
engaged in human rights violations or violations 
of the Geneva Conventions of 1949, including 
vetting, training, and support for adequately in-
vestigating allegations of violations and remov-
ing support in case of credible reports of viola-
tions.’’; 
(3) by redesignating subsections (e) through (h) 
as subsections (f) through (i), respectively; 
(4) by inserting after subsection (d) the fol-
lowing new subsection (e):
986 
‘‘(e) NOTIFICATION OF MODIFICATION OR TERMI-
NATION OF SUPPORT OF AN APPROVED MILITARY OPER-
ATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall provide to the con-
gressional defense committees notice in writing by 
not later that— 
‘‘(A) 15 days before exercising the author-
ity under this section to modify the support of 
an approved military operation; 
‘‘(B) 30 days before exercising the author-
ity under this section to terminate the support 
of an approved military operation; or 
‘‘(C) as applicable, 30 days before exer-
cising any other authority under which the Sec-
retary engages or plans to engage with foreign 
forces, irregular forces, groups, or individuals. 
‘‘(2) EXTRAORDINARY CIRCUMSTANCES.—If the 
Secretary finds the existence of extraordinary cir-
cumstances affecting the national security of the 
United States, the Secretary shall provide the notice 
required under paragraph (1) not later than 48 
hours before exercising authority referred to in sub-
paragraph (A) or (B) of such paragraph.
987 
‘‘(3) ELEMENTS.—Notice provided under para-
graph (1) with respect to the modification or termi-
nation of support shall includes each of the following 
elements: 
‘‘(A) A description of the reasons for the 
modification or termination. 
‘‘(B) A description of the potential effects 
of the modification or termination of support on 
the forces providing the support. 
‘‘(C) A plan for the modification or termi-
nation of the support, including the consider-
ation of the transition of such support from one 
fiscal authority to another. 
‘‘(D) A list of any relevant entities of the 
United States Government that are or will be 
involved in the modification or termination of 
such support, including any planned transition 
of such support from one Government entity to 
another.’’; 
(5) by striking subsection (g), as redesignated 
by paragraph (3), and inserting the following new 
subsection (g): 
‘‘(g) CONSTRUCTION OF AUTHORITY.—Nothing in 
this section may be construed to constitute authority to
988 
conduct or provide statutory authorization for any of the 
following: 
‘‘(1) A covert action, as such term is defined in 
section 503(e) of the National Security Act of 1947 
(50 U.S.C. 3093(e)). 
‘‘(2) An introduction of the armed forces, (in-
cluding as such term is defined in section 8(c) of the 
War Powers Resolution (50 U.S.C. 1547(c)), into 
hostilities, or into situations where hostilities are 
clearly indicated by the circumstances, without spe-
cific statutory authorization within the meaning of 
section 5(b) of such Resolution (50 U.S.C. 1544(b)). 
‘‘(3) The provision of support to regular forces, 
irregular forces, groups, or individuals to conduct 
operations that United States special operations 
forces are not otherwise authorized to conduct. 
‘‘(4) Activities or support of activities, directly 
or indirectly, that are inconsistent with the laws of 
armed conflict.’’; 
(6) in subsection (i)(3), as redesignated by 
paragraph (3)— 
(A) by redesignating subparagraphs (G) 
and (H) as subparagraphs (H) and (I), respec-
tively; and
989 
(B) by inserting after subparagraph (F) 
the following new subparagraph (G): 
‘‘(G) If there is a plan to modify or termi-
nate the support to military operations to com-
bat terrorism in any way, a detailed description 
of the plan, including— 
‘‘(i) a description of the reasons for 
the modification or termination; 
‘‘(ii) the potential effects of the modi-
fication or termination of support on the 
forces providing the support; 
‘‘(iii) a detailed plan for the modifica-
tion or termination of the support; and 
‘‘(iv) a list of any relevant Govern-
ment entities that are or will be involved in 
the modification or termination of such 
support, including any planned transition 
of such support from one Government enti-
ty to another.’’; and 
(7) by adding at the end the following new sub-
section: 
‘‘(j) MODIFICATION DEFINED.—In this section, the 
term ‘modification’, with respect to support provided for 
an approved military operation, means—
990 
‘‘(1) an increase or decrease in funding of more 
than $750,000 or change greater than 40 percent of 
the material resources provided; 
‘‘(2) an increase or decrease in the amount or 
type of equipment that significantly alters the use of 
or risk to foreign forces, irregular forces, groups, or 
United States special operations forces; or 
‘‘(3) a change in the legal or operational au-
thorities.’’. 
SEC. 1042. PROHIBITION ON RETIREMENT OF NUCLEAR 
POWERED 
AIRCRAFT 
CARRIERS 
BEFORE 
FIRST REFUELING. 
Section 8062 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f) A nuclear powered aircraft carrier may not be 
retired before its first refueling.’’. 
SEC. 1043. REQUIRED MINIMUM INVENTORY OF TACTICAL 
AIRLIFT AIRCRAFT. 
Section 9062 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(k) The Secretary of the Air Force shall maintain 
a total inventory of tactical airlift aircraft of not less than 
292 aircraft.’’.
991 
SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION 
TO DEPARTMENT OF DEFENSE AUTHORITY 
TO 
PROVIDE 
ASSISTANCE 
ALONG 
THE 
SOUTHERN LAND BORDER OF THE UNITED 
STATES. 
(a) AUTHORITY.—Subsection (a) of section 1059 of 
the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 986; 10 U.S.C. 271 
note prec.) is amended to read as follows: 
‘‘(a) AUTHORITY.— 
‘‘(1) PROVISION OF ASSISTANCE.— 
‘‘(A) IN GENERAL.—The Secretary of De-
fense may provide assistance to United States 
Customs and Border Protection for purposes of 
increasing ongoing efforts to secure the south-
ern land border of the United States in accord-
ance with the requirements of this section. 
‘‘(B) REQUIREMENTS.—If the Secretary 
provides assistance under subparagraph (A), 
the Secretary shall ensure that— 
‘‘(i) the provision of the assistance 
will not negatively affect military training, 
operations, readiness, or other military re-
quirements; and 
‘‘(ii) the tasks associated with the 
support provided align with the mission or
992 
occupational specialty of any members of 
the Armed Forces, including members of 
the reserve components, or units of the 
Armed Forces, including the reserve com-
ponents, that are deployed. 
‘‘(2) NOTIFICATION REQUIREMENT.—Not later 
than 5 days after the date on which the Secretary 
decides to provide assistance under paragraph (1), 
the Secretary shall submit to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services and the Committee on Homeland 
Security of the House of Representatives notice of 
such decision.’’. 
(b) REPORTING REQUIREMENTS.—Subsection (f) of 
such section is amended to read as follows: 
‘‘(f) REPORTS.— 
‘‘(1) REPORT REQUIRED.—Any time assistance 
is provided under subsection (a), not later than 30 
days after the date on which such assistance is first 
provided, and every 3 months thereafter during the 
period while such assistance is provided, the Sec-
retary of Defense, in coordination with the Secretary 
of Homeland Security, shall submit to the Com-
mittee on Armed Services and the Committee on 
Homeland Security and Governmental Affairs of the
993 
Senate and the Committee on Armed Services and 
the Committee on Homeland Security of the House 
of Representatives a report that includes, for both 
the period covered by the report and the total period 
of the deployment, each of the following: 
‘‘(A) A description of the assistance pro-
vided. 
‘‘(B) A description of the Armed Forces, 
including the reserve components, deployed as 
part of such assistance, including an identifica-
tion of— 
‘‘(i) the members of the Armed 
Forces, including members of the reserve 
components, deployed, including specific 
information about unit designation, size of 
unit, and whether any personnel in the 
unit deployed under section 12302 of title 
10, United States Code; 
‘‘(ii) the readiness rating for each of 
the units deployed, including specific infor-
mation about any impacts to planned 
training exercises for any such unit; 
‘‘(iii) the projected length of the de-
ployment and any special pay and incen-
994 
tives for which deployed personnel may 
qualify during the deployment; 
‘‘(iv) 
any 
specific 
pre-deployment 
training provided for such members of the 
Armed Forces, including members of the 
reserve components; 
‘‘(v) the specific missions and tasks, 
by location, that are assigned to the mem-
bers of the Armed Forces, including mem-
bers of the reserve components, who are so 
deployed; 
‘‘(vi) the life support conditions and 
associated costs; 
‘‘(vii) the locations where units so de-
ployed are conducting their assigned mis-
sion, together with a map showing such lo-
cations; 
‘‘(viii) a description of the rules and 
additional guidance applicable to the de-
ployment, including the standing rules for 
the use of force for deployed personnel and 
the issuance of any weapons and ammuni-
tion; and 
‘‘(ix) the plan to transition the func-
tions performed by the members of the
995 
Armed Forces, including members of the 
reserve components, to the Department of 
Homeland Security and Customs Border 
Protection. 
‘‘(C) The sources and amounts of funds 
expended— 
‘‘(i) during the period covered by the 
report; and 
‘‘(ii) during the total period for which 
such support has been provided. 
‘‘(D) The amount of funds obligated— 
‘‘(i) during the period covered by the 
report; and 
‘‘(ii) during the total period for which 
such support has been provided. 
‘‘(E) An assessment of the efficacy and 
cost-effectiveness of such assistance in support 
of the objectives and strategy of the Secretary 
of Homeland Security to address the challenges 
on the southern land border of the United 
States and recommendations, if any, to enhance 
the effectiveness of such assistance. 
‘‘(2) FORM
OF
REPORT.—Each report sub-
mitted under this subsection shall be submitted in 
unclassified form and without any designation relat-
996 
ing to dissemination control, but may include a clas-
sified annex.’’. 
(c) CLASSIFICATION.—The Law Revision Counsel is 
directed to place this section in a note following section 
284 of title 10, United States Code. 
SEC. 1045. BATTLEFIELD AIRBORNE COMMUNICATIONS 
NODE CERTIFICATION REQUIREMENT. 
(a) LIMITATION.—The Secretary of the Air Force 
may take no action that would prevent the Air Force from 
maintaining or operating the fleets of EQ–4 aircraft in 
the configurations and capabilities in effect on the date 
of the enactment of this Act, or in improved configurations 
and capabilities, before the date on which each of the three 
individual certifications described in subsection (b) have 
been submitted to the congressional defense committees. 
(b) CERTIFICATIONS REQUIRED.—The certifications 
described in this subsection are the following: 
(1) The written certification of the Chairman of 
the Joint Requirements Oversight Council that the 
replacement capability for the EQ–4 aircraft will— 
(A) be fielded at the same time or before 
the divestment of the EQ–4 aircraft; 
(B) result in equal or greater capability 
available to the commanders of the combatant 
commanders; and
997 
(C) not result in less airborne capacity or 
on-station time available to the commanders of 
the combatant commands. 
(2) The written certification of the Commander 
of United States Central Command that the replace-
ment capability for the EQ–4 aircraft will not result 
in less airborne capacity or on-station time available 
for mission taskings that the EQ–4 provides, as of 
the date of the enactment of this Act, in the United 
States Central Command area of responsibility. 
(3) The written certification of the Under Sec-
retary of Defense for Acquisition and Sustainment 
that the validated operating and sustainment costs 
of the capability developed or fielded to replace an 
equivalent capacity the EQ–4 aircraft provides is 
less than the validated operating and sustainment 
costs for the EQ–4 aircraft on a comparable flight- 
hour cost basis. 
(c) CALCULATION OF FLIGHT-HOUR COST BASIS.— 
For purposes of calculating the flight-hour cost basis 
under subsection (b)(3), the Under Secretary shall include 
all costs for— 
(1) Unit level manpower; 
(2) Unit operations; 
(3) maintenance;
998 
(4) sustaining support; and 
(5) system improvements. 
SEC. 1046. REQUIREMENTS RELATING TO NEWEST GENERA-
TIONS OF PERSONAL PROTECTIVE EQUIP-
MENT. 
(a) REPORTS.— 
(1) REPORTS REQUIRED.—Not later than Janu-
ary 31, 2021, each Secretary of a military depart-
ment shall submit to the congressional defense com-
mittees a report on the development and fielding of 
the newest generations of personal protective equip-
ment to the Armed Forces under the jurisdiction of 
such Secretary. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, for each Armed Force covered by 
such report, the following: 
(A) A description and assessment of the 
development and fielding of the newest genera-
tions of personal protective equipment and aux-
iliary personal protective equipment to members 
of such Armed Force, including the following: 
(i) The number (aggregated by total 
number and by sex) of members of such 
Armed Force issued the Army Soldiers 
Protective System and the Modular Scal-
999 
able Vest Generation II body armor as of 
December 31, 2020. 
(ii) The number (aggregated by total 
number and by sex) of members of such 
Armed Force issued Marine Corps Plate 
Carrier Generation III (PC Gen III) body 
armor as of that date. 
(iii) The number (aggregated by total 
number and by sex) of members of such 
Armed Force fitted with legacy personal 
protective equipment as of that date. 
(B) A description and assessment of the 
barriers, if any, to the development and fielding 
of such generations of equipment to such mem-
bers. 
(C) A description and assessment of chal-
lenges in the development and fielding of such 
generations of equipment to such members, in-
cluding cost overruns, contractor delays, and 
other challenges. 
(b) SYSTEM FOR TRACKING DATA ON INJURIES.— 
(1) SYSTEM REQUIRED.— 
(A) IN
GENERAL.—The Director of the 
Defense Health Agency (DHA) shall develop 
and maintain a system for tracking data on in-
1000 
juries among members of the Armed Forces in 
and during the use of newest generation per-
sonal protective equipment. 
(B) SCOPE OF SYSTEM.—The system re-
quired by this subsection may, at the election of 
the Director, be new for purposes of this sub-
section or within or a modification of an appro-
priate existing system (such as the Defense Oc-
cupational And Environmental Health Readi-
ness System (DOEHRS)). 
(2) REPORT.—Not later than January 31, 
2025, the Director shall submit to Congress a report 
on the prevalence among members of the Armed 
Forces of preventable injuries attributable to ill-fit-
ting or malfunctioning personal protective equip-
ment. 
(c) INCLUSION IN ANNUAL PERIODIC HEALTH AS-
SESSMENTS.—The annual Periodic Health Assessment 
(PHA) of members of the Armed Forces undertaken after 
the date of the enactment of this Act shall include one 
or more questions on whether members incurred an injury 
in connection with ill-fitting or malfunctioning personal 
protective equipment during the period covered by such 
assessment, including the nature of such injury.
1001 
SEC. 1047. PROHIBITION ON USE OF FUNDS FOR RETIRE-
MENT OF A–10 AIRCRAFT. 
(a) PROHIBITION.—Notwithstanding sections 134 
and 135 of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328), except as pro-
vided in subsection (b), none of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2021 for the Air Force may be obligated 
or expended to retire, prepare to retire, or place in storage 
or on backup aircraft inventory status any A–10 aircraft. 
(b) EXCEPTION.—The limitation under subsection 
(a) shall not apply to any individual A–10 aircraft that 
the Secretary of the Air Force determines, on a case-by- 
case basis, to be no longer mission capable because of a 
mishap or other damage or because the aircraft is uneco-
nomical to repair. 
(c) IMPLEMENTATION REPORT.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of the Air Force shall submit to the congressional 
defense committees, a report on the progress made toward 
the A–10 re-wing contracts and the progress made in re- 
winging some of the 283 A–10 aircraft that have not re-
ceived new wings.
1002 
SEC. 1048. MANDATORY CRITERIA FOR STRATEGIC BASING 
DECISIONS. 
(a) IN GENERAL.—The Secretary of the Air Force 
shall modify Air Force Instruction 10–503 (pertaining to 
the strategic basing process) to ensure that the process 
for the selection of a location in the United States for the 
strategic basing of an aircraft includes the following: 
(1) A comparative analysis of the overall com-
munity support for the mission among the candidate 
locations, as indicated by the formal comments re-
ceived during the public comment period for the en-
vironmental impact statement relating to the basing 
decision and, in a case in which the Secretary selects 
a final location with less community support com-
pared to other locations as indicated by such anal-
ysis, an explanation of the operational considerations 
that formed the basis for such selection. 
(2) An analysis of joint and all-domain training 
capabilities at each candidate location, separate from 
and in addition to the mission criteria developed for 
the basing action. 
(3) A comparative analysis of the airspace and 
training areas available at each candidate location, 
separate from and in addition to the mission criteria 
developed for the basing action.
1003 
(b) REPORT REQUIRED.—Not later than 14 days 
after the date on which the Secretary of Defense publicly 
announces the preferred and reasonable alternative loca-
tions for the basing of an aircraft as described in sub-
section (a), the Secretary shall submit to the congressional 
defense committees a report that includes— 
(1) an assessment of each candidate location 
that was considered as part of the basing process, 
including, with respect to each such location, an 
analysis of each of the factors specified in para-
graphs (1) through (3) of such subsection; and 
(2) an explanation of how each candidate loca-
tion was scored against such factors, including the 
weight assigned to each factor. 
SEC. 1049. LIMITATION ON USE OF FUNDS PENDING PUBLIC 
AVAILABILITY OF TOP-LINE NUMBERS OF DE-
PLOYED MEMBERS OF THE ARMED FORCES. 
(a) LIMITATION.—Of the amounts authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2020 for Operation and Maintenance, Defense- 
wide, Office of the Secretary of Defense, for Travel of Per-
sons, not more than 75 percent may be obligated or ex-
pended until the date on which the Secretary of Defense 
makes publicly available the top-line numbers of deployed 
members of the Armed Forces described in subsection (b).
1004 
(b) TOP-LINE NUMBERS DESCRIBED.— The top-line 
numbers of deployed members of the Armed Forces re-
ferred to in subsection (a)— 
(1) are the numbers required to be made pub-
licly available under section 595 of the John S. 
McCain National Defense Authorization Act for Fis-
cal Year 2019 (Public Law 115–232; 10 U.S.C. 
122a note); 
(2) shall include all such numbers for fiscal 
year 2017 and each subsequent fiscal year; and 
(3) shall include the number of personnel on 
temporary duty and the number of personnel de-
ployed in support of contingency operations. 
(c) SENSITIVE MILITARY OPERATION.—The require-
ment under subsection (a) to make the top-line numbers 
of deployed members of the Armed Forces publicly avail-
able is not satisfied if the Secretary, in exercising the 
waiver authority under subsection (b) of section 595 of 
the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 
122a note) does not submit the notice and reasons for the 
waiver determination to Committees of Armed Services of 
the House of Representatives and the Senate as required 
under paragraph (2) of such subsection.
1005 
SEC. 1050. LIMITATION ON PHYSICAL MOVE, INTEGRATION, 
REASSIGNMENT, OR SHIFT IN RESPONSI-
BILITY OF MARINE FORCES NORTHERN COM-
MAND. 
(a) LIMITATION.—The Secretary of Defense may not 
take any action to execute the physical move, integration, 
reassignment, or shift in responsibility of the Marine 
Forces Northern Command before the date that is 60 days 
after the date on which the Secretary submits the report 
described in subsection (b). 
(b) REPORT.—If the Secretary of Defense plans to 
take any action to physically move, integrate, reassign, or 
shift the responsibility of Marine Forces Northern Com-
mand, the Secretary shall submit to the congressional de-
fense committees a report on such proposed action that 
includes each of the following: 
(1) An analysis of how the proposed action 
would be beneficial to military readiness. 
(2) A description of how the proposed action 
would align with the national defense strategy and 
the supporting strategies for each of the military de-
partments. 
(3) A description of the proposed organizational 
structure change associated with the action and how 
will it affect the relationship between Marine Forces 
Northern Command and administrative control re-
1006 
sponsibilities, operational control responsibilities, 
and tactical control responsibilities. 
(4) The projected cost associated with the pro-
posed action and any projected long-term cost sav-
ings. 
(5) A detailed description of any requirements 
for new infrastructure or relocation of equipment 
and assets associated with the proposed action. 
(6) A description of how the proposed action 
would facilitate total force integration and Marine 
Corps general officer progression, including with re-
spect to the reserve components. 
(c) WAIVER.—The Secretary may waive the limita-
tion under subsection (a) if the Secretary determines such 
a waiver is necessary by reason of hostilities or the immi-
nent threat of hostilities. 
(d) APPLICABILITY.—This section shall apply with 
respect to any action to execute the physical move, inte-
gration, reassignment, or shift in responsibility of the Ma-
rine Forces Northern Command that is initiated on or 
after the date of the enactment of this Act. In the case 
of such an action that was initiated but not completed be-
fore the date of the enactment of this Act, no additional 
effort may be made to complete such action before the
1007 
date that is 60 days after the date on which the Secretary 
submits the report described in subsection (b). 
SEC. 
1051. 
CONDITIONS 
FOR 
PERMANENTLY 
BASING 
UNITED STATES EQUIPMENT OR ADDITIONAL 
FORCES IN HOST COUNTRIES WITH AT-RISK 
VENDORS IN 5G OR 6G NETWORKS. 
(a) IN GENERAL.—Prior to basing a major weapon 
system or additional permanently assigned forces com-
parable to or larger than a battalion, squadron, or naval 
combatant for permanent basing to a host country with 
at-risk 5th generation (5G) or sixth generation (6G) wire-
less network equipment, software, and services, including 
supply chain vulnerabilities identified by the Federal Ac-
quisition Security Council, where United States military 
personnel and their families will be directly connected or 
subscribers to networks that include such at-risk equip-
ment, software, and services in their official duties or in 
the conduct of personal affairs, the Secretary of Defense 
shall provide a notification to the congressional defense 
committees that includes a description of— 
(1) steps being taken by the host country to 
mitigate any potential risks to the weapon systems, 
military units, or personnel, and the Department of 
Defense’s assessment of those efforts;
1008 
(2) steps being taken by the United States Gov-
ernment, separately or in collaboration with the host 
country, to mitigate any potential risks to the weap-
on systems, permanently deployed forces, or per-
sonnel; 
(3) any defense mutual agreements between the 
host country and the United States intended to allay 
the costs of risk mitigation posed by the at-risk in-
frastructure; and 
(4) any other matters the Secretary determines 
to be relevant. 
(b) APPLICABILITY.—The conditions in subsection 
(a) apply to the permanent long-term stationing of equip-
ment and permanently assigned forces, and do not apply 
to short-term deployments or rotational presence to mili-
tary installations outside the United States in connection 
with exercises, dynamic force employment, contingency op-
erations, or combat operations. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port that contains an assessment of— 
(1) the risk to personnel, equipment, and oper-
ations of the Department of Defense in host coun-
tries posed by the current or intended use by such
1009 
countries of 5G or 6G telecommunications architec-
ture provided by at-risk vendors; and 
(2) measures required to mitigate the risk de-
scribed in paragraph (1), including the merit and 
feasibility of the relocation of certain personnel or 
equipment of the Department to another location 
without the presence of 5G or 6G telecommuni-
cations architecture provided by at-risk vendors. 
(d) FORM.—The report required by subsection (c) 
shall be submitted in a classified form with an unclassified 
summary. 
(e) MAJOR WEAPON SYSTEM DEFINED.—In this sec-
tion, the term ‘‘major weapon system’’ has the meaning 
given that term in section 2379(f) of title 10, United 
States Code. 
SEC. 1052. CURTAILING INSURRECTION ACT VIOLATIONS 
OF INDIVIDUALS’ LIBERTIES. 
(a) FEDERAL AID FOR STATE GOVERNMENTS.—Sec-
tion 251 of title 10, United States Code, is amended— 
(1) by striking ‘‘Whenever’’ and inserting ‘‘(a) 
IN GENERAL.—Whenever’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) CERTIFICATION TO CONGRESS.—(1) The Presi-
dent may not invoke the authority under this section un-
1010 
less the President and the Secretary of Defense certify to 
Congress that the State concerned is unable or unwilling 
to suppress an insurrection described in subsection (a). 
‘‘(2) A certification under paragraph (1) shall include 
the following: 
‘‘(A) A description of the circumstances necessi-
tating the invocation of the authority under this sec-
tion. 
‘‘(B) Demonstrable evidence that the State con-
cerned is unable or unwilling to suppress such insur-
rection, and a legal justification for resorting to the 
authority under this section to so suppress. 
‘‘(C) A description of the mission, scope, and 
duration of use of members of the armed forces 
under this section.’’. 
(b) USE OF MILITIA AND ARMED FORCES TO EN-
FORCE FEDERAL AUTHORITY.—Section 252 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 252. Use of militia and armed forces to enforce 
Federal authority 
‘‘(a) AUTHORITY.—Whenever unlawful obstructions, 
combinations, or assemblages, or rebellion against the au-
thority of the United States, make it impracticable to en-
force the laws of the United States in any State by the 
ordinary course of judicial proceedings, the President may
1011 
call into Federal service such of the militia of any State, 
and use such of the armed forces, as the President con-
siders necessary to enforce those laws or to suppress the 
rebellion. 
‘‘(b) CERTIFICATION TO CONGRESS.—(1) The Presi-
dent may not invoke the authority under this section un-
less the President and the Secretary of Defense certify to 
Congress that the State concerned is unable or unwilling 
to suppress an unlawful obstruction, combination, or as-
semblage, or rebellion against the authority of the United 
States described in subsection (a). 
‘‘(2) A certification under paragraph (1) shall include 
the following: 
‘‘(A) A description of the circumstances necessi-
tating the invocation of the authority under this sec-
tion. 
‘‘(B) Demonstrable evidence that the State con-
cerned is unable or unwilling to suppress such un-
lawful obstruction, combination, or assemblage, or 
rebellion against the authority of the United States, 
and a legal justification for resorting to the author-
ity under this section to so suppress. 
‘‘(C) A description of the mission, scope, and 
duration of use of members of the armed forces 
under this section.’’.
1012 
(c) INTERFERENCE WITH STATE
AND FEDERAL 
LAW.—Section 253 of title 10, United States Code, is 
amended— 
(1) by striking ‘‘The President’’ and inserting 
‘‘(a) AUTHORITY.—(1) The President’’; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(3) by striking ‘‘In any situation covered by 
clause (1),’’ and inserting ‘‘(2) In any situation cov-
ered by paragraph (1)(A),’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(b) CERTIFICATION TO CONGRESS.—(1) The Presi-
dent may not invoke the authority under this section un-
less the President and the Secretary of Defense certify to 
Congress that the State concerned is unable or unwilling 
to suppress an insurrection, domestic violence, unlawful 
combination, or conspiracy, as described in subsection (a). 
‘‘(2) A certification under paragraph (1) shall include 
the following: 
‘‘(A) A description of the circumstances necessi-
tating the invocation of the authority under this sec-
tion. 
‘‘(B) Demonstrable evidence that the State con-
cerned is unable or unwilling to suppress such insur-
1013 
rection, domestic violence, unlawful combination, or 
conspiracy, and a legal justification for resorting to 
the authority under this section to so suppress. 
‘‘(C) A description of the mission, scope, and 
duration of use of members of the armed forces 
under this section.’’. 
(d) CONSULTATION WITH CONGRESS.— 
(1) IN
GENERAL.—Chapter 13 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 256. Consultation 
‘‘The President, in every possible instance, shall con-
sult with Congress before invoking the authority under 
section 251, 252, or 253 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 13 of title 10, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘256. Consultation.’’. 
(e) RESTRICTION
ON DIRECT PARTICIPATION
BY 
MILITARY PERSONNEL.— 
(1) IN
GENERAL.—Such chapter is further 
amended by adding at the end the following new sec-
tion:
1014 
‘‘§ 257. Restriction on direct participation by military 
personnel 
‘‘(a) IN GENERAL.—No activity under this chapter 
shall permit direct participation by a member of the Army, 
Navy, Air Force, Marine Corps, or Space Force in a 
search, seizure, arrest, or other similar activity unless par-
ticipation in such activity by such member is otherwise 
expressly authorized by law. 
‘‘(b) REGULATIONS.—The Secretary of Defense shall 
prescribe such regulations as may be necessary to ensure 
compliance with subsection (a). 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit authority of law enforce-
ment personnel of the armed forces on Federal military 
installations’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is further 
amended by adding at the end the following new 
item: 
‘‘257. Restriction on direct participation by military personnel.’’. 
SEC. 1053. PROHIBITION ON USE OF FUNDS FOR DISCRIMI-
NATORY 
ALGORITHMIC 
DECISIONMAKING 
SYSTEMS. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2021 
for the Joint Artificial Intelligence Center to acquire or
1015 
develop new artificial intelligence systems may be obli-
gated or expended unless the Department of Defense, or 
the vendor of such new system, has— 
(1) assessed such algorithmic decision-making 
system, or commits to assess such system within 1 
year of the date of such acquisition or completion of 
development, with respect to its potential to perpet-
uate or introduce discriminatory bias against pro-
tected classes of persons, including on the basis of 
sex, race, age, disability, color, creed, national ori-
gin, or religion, and after the completion of such as-
sessment, transmits to the Secretary a description of 
the methodology by which such assessment was con-
ducted; 
(2) sought to address any unintended discrimi-
natory bias identified pursuant to paragraph (1) 
prior to deploying such system, and through periodic 
assessments during use of such systems, in any con-
text where such usage poses a tangible risk of result-
ing in an action which could reasonably be seen to 
violate any law, policy, regulation, or other codified 
practice of the United States with respect to anti- 
discrimination, equal protection, or civil rights, and 
transmitted to the Secretary a description of the
1016 
measures undertaken to comply with the require-
ments of this section; and 
(3) ensured that such system conforms to the 
DoD AI Ethics Principles for purposes of identifying 
and addressing the causes of potential discrimina-
tory biases in the system. 
SEC. 1054. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL 
IN SPECIAL OPERATIONS ACTIVITIES. 
Section 167(k) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (10) as para-
graph (11); and 
(2) by inserting after paragraph (9) the fol-
lowing new paragraph (10): 
‘‘(10) Explosive ordnance disposal.’’. 
SEC. 1055. REQUIREMENTS IN CONNECTION WITH USE OF 
PERSONNEL OTHER THAN THE MILITIA OR 
THE ARMED FORCES TO SUPPRESS INTER-
FERENCE WITH STATE AND FEDERAL LAW. 
(a) IN GENERAL.—Section 253 of title 10, United 
States Code, is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The President’’; and 
(2) by adding at the end the following new sub-
section:
1017 
‘‘(b) USE OF OTHER MEANS.—(1) Other means used 
by the President pursuant to subsection (a) may only in-
clude activities by Federal law enforcement officers. 
‘‘(2) Any Federal law enforcement officer performing 
duty pursuant to subsection (a) shall visibly display on the 
uniform or other clothing of such officer— 
‘‘(A) the name of such officer; and 
‘‘(B) the name of the agency for which such of-
ficer is employed. 
‘‘(3) In this subsection: 
‘‘(A) The term ‘Federal law enforcement offi-
cer’ means— 
‘‘(i) an employee or officer in a position in 
the executive, legislative, or judicial branch of 
the Federal Government who— 
‘‘(I) is authorized by law to engage in 
or supervise a law enforcement function; or 
‘‘(II) has statutory powers of arrest or 
apprehension under section 807(b) of this 
title (article 7(b) of the Uniform Code of 
Military Justice); or 
‘‘(ii) an employee or officer of a contractor 
or subcontractor (at any tier) of an agency in 
the executive, legislative, or judicial branch of 
the Federal Government who is authorized by
1018 
law or under the contract with the agency to 
engage in or supervise a law enforcement func-
tion; and 
‘‘(B) The term ‘law enforcement function’ 
means the prevention, detection, or investigation of, 
or the prosecution or incarceration of any person 
for, any violation of law.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, or the amendments made by this section, shall be 
construed to limit or otherwise supersede the authority of 
Federal law enforcement officials who do not wear a uni-
form in the regular performance of their official duties or 
who are engaged in undercover operations to perform their 
official duties under authorities other than section 253 of 
title 10, United States Code. 
SEC. 1056. LIMITATION ON DEACTIVATION, UNMANNING, 
OR SELLING OF ARMY WATERCRAFT ASSETS 
PENDING COMPREHENSIVE ANALYSIS OF MO-
BILITY REQUIREMENTS AND CAPABILITIES. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2021 
for the Department of Defense maybe obligated or ex-
pended for the deactivation, unmanning,or selling of any 
Army watercraft assets, until the Secretary of Defense 
submits to Congress certification that—
1019 
(1) the Secretary has received and accepted the 
federally funded research and development center 
Army watercraft study as directed by section 1058 
of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92); 
(2) the review, analysis, and recommendations 
of such study are included in the mobility, capabili-
ties, requirements study; and 
(3) the Secretary will include in such study a 
review and analysis of— 
(A) doctrine-based roles and missions of 
the military services; 
(B) current and future investments; 
(C) the effects of emerging operational 
concepts; 
(D) demand signals of Department of De-
fense small vessels relative to Army watercraft, 
Navy small ships, and amphibious connectors; 
and 
(E) readiness risk being assumed across 
each of the geographic combatant commands.
1020 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—General Provisions 
SEC. 1101. FAMILY AND MEDICAL LEAVE AMENDMENTS. 
(a) IN GENERAL.— 
(1) PAID PARENTAL LEAVE FOR EMPLOYEES OF 
DISTRICT OF COLUMBIA COURTS AND DISTRICT OF 
COLUMBIA PUBLIC DEFENDER SERVICE.— 
(A) DISTRICT
OF
COLUMBIA
COURTS.— 
Section 11–1726, District of Columbia Official 
Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) In carrying out the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.) with respect to non-
judicial employees of the District of Columbia courts, the 
Joint Committee on Judicial Administration shall, not-
withstanding any provision of such Act, establish a paid 
parental leave program for the leave described in subpara-
graphs (A) and (B) of section 102(a)(1) of such Act (29 
U.S.C. 2612(a)(1)) (relating to leave provided in connec-
tion with the birth of a child or the placement of a child 
for adoption or foster care). In developing the terms and 
conditions for this program, the Joint Committee may be 
guided by the terms and conditions applicable to the provi-
sion of paid parental leave for employees of the Federal
1021 
Government under chapter 63 of title 5, United States 
Code, and any corresponding regulations.’’. 
(B) DISTRICT OF COLUMBIA PUBLIC DE-
FENDER SERVICE.—Section 305 of the District 
of Columbia Court Reform and Criminal Proce-
dure Act of 1970 (sec. 2–1605, D.C. Official 
Code) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) In carrying out the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.) with respect to em-
ployees of the Service, the Director shall, notwithstanding 
any provision of such Act, establish a paid parental leave 
program for the leave described in subparagraphs (A) and 
(B) of section 102(a)(1) of such Act (29 U.S.C. 
2612(a)(1)) (relating to leave provided in connection with 
the birth of a child or the placement of a child for adoption 
or foster care). In developing the terms and conditions for 
this program, the Director may be guided by the terms 
and conditions applicable to the provision of paid parental 
leave for employees of the Federal Government under 
chapter 63 of title 5, United States Code, and any cor-
responding regulations.’’. 
(2) CLARIFICATION OF USE OF OTHER LEAVE 
IN ADDITION TO 12 WEEKS AS FAMILY AND MEDICAL 
LEAVE.—
1022 
(A) TITLE 5.—Section 6382(a) of title 5, 
United States Code, as amended by section 
7602 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92), is 
amended— 
(i) in paragraph (1), in the matter 
preceding subparagraph (A), by inserting 
‘‘(or, in the case of leave that includes 
leave under subparagraph (A) or (B) of 
this paragraph, 12 administrative work-
weeks of leave plus any additional period 
of 
leave 
used 
under 
subsection 
(d)(2)(B)(ii))’’ after ‘‘12 administrative 
workweeks of leave’’; and 
(ii) in paragraph (4), by inserting 
‘‘(or 26 administrative workweeks of leave 
plus any additional period of leave used 
under subsection (d)(2)(B)(ii))’’ after ‘‘26 
administrative workweeks of leave’’. 
(B) CONGRESSIONAL
EMPLOYEES.—Sec-
tion 202(a)(1) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1312(a)(1)), as 
amended by section 7603 of the National De-
fense Authorization Act for Fiscal Year 2020 
(Public Law 116–92), is amended—
1023 
(i) in the second sentence, by insert-
ing ‘‘and in the case of leave that includes 
leave for such an event, the period of leave 
to which a covered employee is entitled 
under section 102(a)(1) of such Act shall 
be 12 administrative workweeks of leave 
plus any additional period of leave used 
under subsection (d)(2)(B) of this section’’ 
before the period; and 
(ii) by striking the third sentence and 
inserting the following: ‘‘For purposes of 
applying section 102(a)(4) of such Act, in 
the case of leave that includes leave under 
subparagraph (A) or (B) of section 
102(a)(1) of such Act, a covered employee 
is entitled, under paragraphs (1) and (3) 
of section 102(a) of such Act, to a com-
bined total of 26 workweeks of leave plus 
any additional period of leave used under 
subsection (d)(2)(B) of this section.’’. 
(C) OTHER EMPLOYEES COVERED UNDER 
THE
FAMILY
AND
MEDICAL
LEAVE
ACT
OF 
1993.—Section 102(a) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2611(a)) is 
amended by adding at the end the following:
1024 
‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.— 
With respect to an employee of the Government Ac-
countability Office and an employee of the Library 
of Congress— 
‘‘(A) in the case of leave that includes 
leave under subparagraph (A) or (B) of para-
graph (1), the employee shall be entitled to 12 
administrative workweeks of leave plus any ad-
ditional period of leave used under subsection 
(d)(3)(B)(ii) 
of 
this 
section 
or 
section 
202(d)(2)(B) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), 
as the case may be; and 
‘‘(B) for purposes of paragraph (4), the 
employee is entitled, under paragraphs (1) and 
(3), to a combined total of 26 workweeks of 
leave plus, if applicable, any additional period 
of leave used under subsection (d)(3)(B)(ii) of 
this section or section 202(d)(2)(B) of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1312(d)(2)(B)), as the case may be.’’. 
(3) APPLICABILITY.—The amendments made 
by this subsection shall not be effective with respect 
to any birth or placement occurring before October 
1, 2020.
1025 
(b) PAID PARENTAL LEAVE FOR PRESIDENTIAL EM-
PLOYEES.— 
(1) AMENDMENTS TO CHAPTER 5 OF TITLE 3, 
UNITED
STATES
CODE.—Section 412 of title 3, 
United States Code, is amended— 
(A) in subsection (a)(1), by adding at the 
end the following: ‘‘In applying section 102 of 
such Act with respect to leave for an event de-
scribed in subsection (a)(1)(A) or (B) of such 
section to covered employees, subsection (c) of 
this section shall apply and in the case of leave 
that includes leave for such an event, the period 
of leave to which a covered employee is entitled 
under section 102(a)(1) of such Act shall be 12 
administrative workweeks of leave plus any ad-
ditional period of leave used under subsection 
(c)(2)(B) of this section. For purposes of apply-
ing section 102(a)(4) of such Act, in the case 
of leave that includes leave under subparagraph 
(A) or (B) of section 102(a)(1) of such Act, a 
covered employee is entitled, under paragraphs 
(1) and (3) of section 102(a) of such Act, to a 
combined total of 26 workweeks of leave plus 
any additional period of leave used under sub-
section (c)(2)(B) of this section.’’;
1026 
(B) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively; 
(C) by inserting after subsection (b) the 
following: 
‘‘(c) SPECIAL RULE FOR PAID PARENTAL LEAVE.— 
‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov-
ered employee may elect to substitute for any leave 
without pay under subparagraph (A) or (B) of sec-
tion 102(a)(1) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)(1)) any paid leave 
which is available to such employee for that purpose. 
‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 
that is available to a covered employee for purposes 
of paragraph (1) is— 
‘‘(A) the number of weeks of paid parental 
leave in connection with the birth or placement 
involved that corresponds to the number of ad-
ministrative workweeks of paid parental leave 
available 
to 
employees 
under 
section 
6382(d)(2)(B)(i) of title 5, United States Code; 
and 
‘‘(B) during the 12-month period referred 
to in section 102(a)(1) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) 
and in addition to the administrative workweeks
1027 
described in subparagraph (A), any additional 
paid vacation, personal, family, medical, or sick 
leave provided by the employing office to such 
employee. 
‘‘(3) LIMITATION.—Nothing in this section or 
section 102(d)(2)(A) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall 
be considered to require or permit an employing of-
fice to require that an employee first use all or any 
portion of the leave described in paragraph (2)(B) 
before being allowed to use the paid parental leave 
described in paragraph (2)(A). 
‘‘(4) ADDITIONAL RULES.—Paid parental leave 
under paragraph (2)(A)— 
‘‘(A) shall be payable from any appropria-
tion or fund available for salaries or expenses 
for positions within the employing office; 
‘‘(B) if not used by the covered employee 
before the end of the 12-month period (as re-
ferred to in section 102(a)(1) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 
2612(a)(1))) to which it relates, shall not accu-
mulate for any subsequent use; and 
‘‘(C) shall apply without regard to the limi-
tations in subparagraph (E), (F), or (G) of sec-
1028 
tion 6382(d)(2) of title 5, United States Code, 
or section 104(c)(2) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2614(c)(2)).’’; 
and 
(D) in subsection (e)(1), as so redesig-
nated, by striking ‘‘subsection (c)’’ and insert-
ing ‘‘subsection (d)’’. 
(2) APPLICABILITY.—The amendments made 
by this subsection shall not be effective with respect 
to any birth or placement occurring before October 
1, 2020. 
(c) FAA AND TSA.— 
(1) FAA.— 
(A) IN GENERAL.—Paragraph (3) of sec-
tion 102(d) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612(d)(3)), as added 
by section 7604 of the National Defense Au-
thorization Act for Fiscal Year 2020 (Public 
Law 116–92), is amended— 
(i) in the paragraph heading, by in-
serting ‘‘AND FEDERAL AVIATION ADMINIS-
TRATION’’ after ‘‘GAO’’; 
(ii) in subparagraphs (A) and (B), by 
striking ‘‘the Government Accountability 
Office’’ in each instance and inserting ‘‘the
1029 
Government Accountability Office or the 
Federal Aviation Administration’’; and 
(iii) in subparagraph (D)(i), by strik-
ing ‘‘the Government Accountability Of-
fice’’ and inserting ‘‘the Government Ac-
countability Office or the Federal Aviation 
Administration (as the case may be)’’. 
(B) 
APPLICABILITY.—The 
amendments 
made by subparagraph (A) shall not be effective 
with respect to any birth or placement occur-
ring before October 1, 2020. 
(2) CORRECTIONS FOR TSA SCREENERS.—Sec-
tion 7606 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92) is 
amended— 
(A) by striking ‘‘Section 111(d)(2)’’ and 
inserting the following: 
‘‘(a) IN GENERAL.—Section 111(d)(2)’’; and 
(B) by adding at the end the following: 
‘‘(b) EFFECTIVE DATE; APPLICATION.— 
‘‘(1) IN GENERAL.—The amendment made by 
subsection (a) shall not be effective with respect to 
any event for which leave may be taken under sub-
chapter V of chapter 63 of title 5, United States 
Code, occurring before October 1, 2020.
1030 
‘‘(2) APPLICATION TO SERVICE REQUIREMENT 
FOR ELIGIBILITY.—For purposes of applying the pe-
riod of service requirement under subparagraph (B) 
of section 6381(1) to an individual appointed under 
section 111(d)(1) of the Aviation and Transpor-
tation Security Act (49 U.S.C. 44935 note), the 
amendment made by subsection (a) of this section 
shall apply with respect to any period of service by 
the individual under such an appointment, including 
service before the effective date of such amend-
ment.’’. 
(d) TITLE 38 EMPLOYEES.— 
(1) IN
GENERAL.—Section 7425 of title 38, 
United States Code, is amended— 
(A) in subsection (b), by striking ‘‘Not-
withstanding’’ and inserting ‘‘Except as pro-
vided in subsection (c), and notwithstanding’’; 
and 
(B) by adding at the end the following: 
‘‘(c) Notwithstanding any other provision of this sub-
chapter, the Administration shall provide to individuals 
appointed to any position described in section 7421(b) who 
are employed by the Administration family and medical 
leave in the same manner, to the maximum extent prac-
ticable, as family and medical leave is provided under sub-
1031 
chapter V of chapter 63 of title 5 to employees, as defined 
in section 6381(1) of such title.’’. 
(2) APPLICABILITY.—The amendments made 
by paragraph (1) shall not be effective with respect 
to any event for which leave may be taken under 
subchapter V of chapter 63 of title 5, United States 
Code, occurring before October 1, 2020. 
(e) ARTICLE I JUDGES.— 
(1) BANKRUPTCY JUDGES.—Section 153(d) of 
title 28, United States Code, is amended— 
(A) by striking ‘‘A bankruptcy judge’’ and 
inserting ‘‘(1) Except as provided in paragraph 
(2), a bankruptcy judge’’; and 
(B) by adding at the end the following: 
‘‘(2) The provisions of subchapter V of chapter 63 
of title 5 shall apply to a bankruptcy judge as if the bank-
ruptcy judge were an employee (within the meaning of 
subparagraph (A) of section 6381(1) of such title).’’. 
(2) MAGISTRATE JUDGES.—Section 631(k) of 
title 28, United States Code, is amended— 
(A) by striking ‘‘A United States mag-
istrate judge’’ and inserting ‘‘(1) Except as pro-
vided in paragraph (2), a United States mag-
istrate judge’’; and 
(B) by adding at the end the following:
1032 
‘‘(2) The provisions of subchapter V of chapter 63 
of title 5 shall apply to a United States magistrate judge 
as if the United States magistrate judge were an employee 
(within the meaning of subparagraph (A) of section 
6381(1) of such title).’’. 
(3) APPLICABILITY.—The amendments made 
by this subsection shall not be effective with respect 
to any birth or placement occurring before October 
1, 2020. 
(f) TECHNICAL CORRECTIONS.— 
(1) Section 7605 of the National Defense Au-
thorization Act for Fiscal Year 2020 (Public Law 
116–92) is amended by striking ‘‘on active duty’’ 
each place it appears and inserting ‘‘on covered ac-
tive duty’’. 
(2) Subparagraph (E) of section 6382(d)(2) of 
title 5, United States Code, as added by section 
7602 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92), is amended 
by striking ‘‘the requirement to complete’’ and all 
that follows and inserting ‘‘the service requirement 
under subparagraph (B) of section 6381(1).’’. 
(3) Section 202(d)(2)(B) of the Congressional 
Accountability 
Act 
of 
1995 
(2 
U.S.C. 
1312(d)(2)(B)), as amended by section 7603 of the
1033 
National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92), is amended by inserting 
‘‘accrued’’ before ‘‘sick leave’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if enacted immediately 
after the enactment of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92). 
SEC. 1102. LIMITATION ON AUTHORITY TO EXCLUDE EM-
PLOYEES FROM CHAPTER 71 OF TITLE 5. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2021 
for the Department of Defense may be used to carry out 
the authority provided under section 7103(b) of title 5, 
United States Code, to exclude the Department of Defense 
or any agency or subdivision thereof from coverage under 
chapter 71 of such title. 
SEC. 1103. AUTHORITY TO PROVIDE TRAVEL AND TRANS-
PORTATION ALLOWANCES IN CONNECTION 
WITH TRANSFER CEREMONIES OF DEPART-
MENT OF DEFENSE AND COAST GUARD CIVIL-
IAN EMPLOYEES WHO DIE OVERSEAS. 
(a) TRAVEL AND TRANSPORTATION ALLOWANCES.— 
(1) IN GENERAL.—Subchapter II of chapter 75 
of title 10, United States Code, is amended by add-
ing at the end the following new section:
1034 
‘‘§ 1492. Authority to provide travel and transpor-
tation allowances in connection with 
transfer ceremonies of department of de-
fense and coast guard civilian employees 
who die overseas 
‘‘The Secretary of the military department concerned, 
the agency head of a Defense Agency or Department of 
Defense Field Activity, or the Secretary of Homeland Se-
curity, as appropriate, may provide round trip travel and 
transportation allowances in connection with ceremonies 
for the transfer of a Department of Defense or Coast 
Guard civilian employee who dies while located or serving 
overseas to eligible relatives and provide for the accom-
paniment of such persons to the same extent as the Sec-
retary of Defense may provide such travel and transpor-
tation allowances and accompaniment services to such per-
sons with respect to a deceased service member under 
chapter 8 of title 37.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of such subchapter is amend-
ed by adding at the end the following new item: 
‘‘1492. Authority to provide travel and transportation allowances in connection 
with transfer ceremonies of department of defense and coast 
guard civilian employees who die overseas.’’. 
(b) TECHNICAL AMENDMENTS.—Section 481f(d) of 
title 37, United States Code, is amended—
1035 
(1) in the subsection heading, by striking 
‘‘TRANSPORTATION TO’’ and inserting ‘‘TRAVEL AND 
TRANSPORTATION
ALLOWANCES
IN
CONNECTION 
WITH’’; and 
(2) in paragraph (1) in the matter preceding 
subparagraph (A), by striking ‘‘transportation to’’ 
and inserting ‘‘travel and transportation allowances 
in connection with’’. 
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
Subsection (a) of section 1101 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4615), as most recently 
amended by section 1105 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116–92), 
is further amended by striking ‘‘through 2020’’ and in-
serting ‘‘through 2021’’.
1036 
SEC. 1105. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-
ITY TO GRANT ALLOWANCES, BENEFITS, AND 
GRATUITIES TO CIVILIAN PERSONNEL ON OF-
FICIAL DUTY IN A COMBAT ZONE. 
Paragraph (2) of section 1603(a) of the Emergency 
Supplemental Appropriations Act for Defense, the Global 
War on Terror, and Hurricane Recovery, 2006 (Public 
Law 109–234; 120 Stat. 443), as added by section 1102 
of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4616) and as most recently amended by section 1104 of 
the National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92), is further amended by strik-
ing ‘‘2021’’ and inserting ‘‘2022’’. 
SEC. 1106. LIMITING THE NUMBER OF LOCAL WAGE AREAS 
DEFINED WITHIN A PAY LOCALITY. 
(a) LOCAL
WAGE
AREA
LIMITATION.—Section 
5343(a) of title 5, United States Code, is amended— 
(1) in paragraph (1)(B)(i), by striking ‘‘(but 
such’’ and all that follows through ‘‘are employed)’’; 
(2) in paragraph (4), by striking ‘‘and’’ after 
the semicolon; 
(3) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end of the following:
1037 
‘‘(6) the Office of Personnel Management may 
define not more than 1 local wage area within a pay 
locality, except that this paragraph shall not apply 
to the pay locality designated as ‘Rest of United 
States’.’’. 
(b) PAY LOCALITY DEFINED.—Section 5342(a) of 
title 5, United States Code, is amended— 
(1) in paragraph (2)(C), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) ‘pay locality’ has the meaning given that 
term under section 5302(5).’’. 
(c) REGULATIONS.—The Director of the Office of 
Personnel Management shall prescribe any regulations 
necessary to carry out this section and the amendments 
made by this section, including regulations to ensure that 
this section and the amendments made by this section 
shall not have the effect of reducing any rate of basic pay 
payable to any individual who is serving as a prevailing 
rate employee (as defined under section 5342(a)(2) of title 
5, United States Code).
1038 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to fis-
cal year 2022 and each fiscal year thereafter. 
SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY 
COOPERATION UNIVERSITY AND INSTITUTE 
OF SECURITY GOVERNANCE. 
Section 1595(c) of title 10, United States Code, is 
amended by adding at the end the following: 
‘‘(6) The Defense Security Cooperation Univer-
sity. 
‘‘(7) The Defense Institute for Security Govern-
ance.’’. 
SEC. 1108. EXPANSION OF AUTHORITY FOR APPOINTMENT 
OF RECENTLY-RETIRED MEMBERS OF THE 
ARMED FORCES TO POSITIONS AT CERTAIN 
INDUSTRIAL BASE FACILITIES. 
(a) IN GENERAL.—Subsection (b) of section 3326 of 
title 5, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) the proposed appointment is to a position 
in the competitive service—
1039 
‘‘(A) at any industrial base facility (as that 
term is defined in section 2208(u)(3) of title 
10) that is part of the core logistics capabilities 
(as described in section 2464(a) of such title); 
and 
‘‘(B) that has been certified by the Sec-
retary concerned as lacking sufficient numbers 
of qualified applicants.’’. 
(b) LIMITATION ON DELEGATION OF CERTIFICATION 
AUTHORITY.—Such section 3326 is further amended by 
adding at the end the following: 
‘‘(d) The authority to make a certification described 
in subsection (b)(3) may not be delegated to an individual 
with a grade lower than colonel, or captain in the Navy, 
or an inriviaul with an equivalent civilian grade.’’. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the amendments made by subsections (a) and 
(b) shall supplement, and not provide any exception to, 
the competitive hiring process for the Federal civil service. 
SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE 
DEMONSTRATION PROJECT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commander, Navy Re-
gion Mid-Atlantic, shall establish and carry out, for a pe-
riod of not less than 5 years, a Fire Fighters Alternative
1040 
Work Schedule demonstration project for the Navy Region 
Mid-Atlantic Fire and Emergency Services. Such dem-
onstration project shall provide, with respect to each Serv-
ices employee, that— 
(1) assignments to tours of duty are scheduled 
in advance over periods of not less than 2 weeks; 
(2) tours of duty are scheduled using a regu-
larly recurring pattern of 48-hour shifts followed by 
48 or 72 consecutive non-work hours, as determined 
by mutual agreement between the Navy Region Mid- 
Atlantic and the exclusive employee representative at 
each Navy Region Mid-Atlantic Installation, in such 
a manner that each employee is regularly scheduled 
for 144-hours in any 2-week period; 
(3) for any such employee that is a fire fighter 
working an alternative work schedule, such employee 
shall earn overtime compensation in a manner con-
sistent with other applicable law and regulation; 
(4) no right shall be established to any form of 
premium pay, including night, Sunday, holiday, or 
hazard duty pay; and 
(5) leave accrual and use shall be consistent 
with other applicable law and regulation. 
(b) REPORT.—Not later than 180 days following the 
end of such demonstration project, the Commander, Navy
1041 
Region Mid-Atlantic, shall submit a report to the Commit-
tees on Armed Services of the House of Representatives 
and the Senate detailing— 
(1) any financial savings or expenses directly 
and inseparably linked to the demonstration project; 
(2) any intangible quality of life and morale im-
provements achieved by the demonstration project; 
and 
(3) any adverse impact of the demonstration 
project occurring solely as the result of the transi-
tion to the demonstration project. 
SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORK-
ERS’ COMPENSATION PAYMENTS AND OTHER 
PAYMENTS 
FOR 
FEDERAL 
GOVERNMENT 
PERSONNEL UNDER CHIEF OF MISSION AU-
THORITY. 
Section 901 of title IX of division J of the Further 
Consolidated Appropriations Act, 2020 (Public Law 116– 
94; 22 U.S.C. 2680b) is amended— 
(1) in subsection (a), by inserting ‘‘or the head 
of any other Federal agency’’ after ‘‘The Secretary 
of State’’; 
(2) in subsection (e)(2)— 
(A) by striking ‘‘the Department of State’’ 
and inserting ‘‘the Federal Government’’; and
1042 
(B) by inserting after ‘‘subsection (f)’’ the 
following: ‘‘, but does not include an individual 
receiving compensation under section 19A of 
the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3519b)’’; and 
(3) in subsection (h)(2), by striking the first 
sentence and inserting the following: ‘‘Nothing in 
this section shall limit, modify, or otherwise super-
sede chapter 81 of title 5, United States Code, the 
Defense Base Act (42 U.S.C. 1651 et seq.), or sec-
tion 19A of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 3519b).’’. 
SEC. 1111. RESTORATION OF ANNUAL LEAVE DUE TO A 
PANDEMIC. 
(a) IN GENERAL.—Section 6304(d) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) For the purposes of this subsection, the 
service of an employee during a pandemic shall be 
deemed to be an exigency of the public business, and 
any leave that, by reason of such service, is lost by 
the employee by operation of this section (regardless 
of whether such leave was scheduled) shall be re-
stored to the employee and shall be credited and 
available in accordance with paragraph (2).’’.
1043 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to any leave lost on or after the 
date of enactment of this Act. 
SEC. 1112. PROHIBITION ON DOWNLOADING OR USING 
TIKTOK BY FEDERAL EMPLOYEES. 
(a) IN GENERAL.—Except as provided in subsection 
(b), no employee of the United States, officer of the 
United States, Member of Congress, congressional em-
ployee, or officer or employee of a government corporation 
may download or use TikTok or any successor application 
developed by ByteDance or any entity owned by 
ByteDance on any device issued by the United States or 
a government corporation. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
any investigation, cybersecurity research activity, enforce-
ment action, disciplinary action, or intelligence activity. 
SEC. 1113. TELEWORK TRAVEL EXPENSES PROGRAM OF 
THE UNITED STATES PATENT AND TRADE-
MARK OFFICE. 
(a) IN GENERAL.—Section 5711 of title 5, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘test’’; 
(2) in subsection (f)— 
(A) in paragraph (1)—
1044 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘committee’’ and in-
serting ‘‘committees’’; and 
(ii) in subparagraph (B), by striking 
‘‘Government’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘test’’; and 
(ii) by striking ‘‘section, including the 
provision of reports in accordance with 
subsection (d)(1)’’ and inserting ‘‘sub-
section’’; 
(C) in paragraph (4)(B), in the matter 
preceding clause (i), by inserting ‘‘and main-
tain’’ after ‘‘develop’’; and 
(D) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘test’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) The Director of the Patent and Trademark Of-
fice shall prepare and submit to the appropriate commit-
tees of Congress an annual report on the operation of the 
program under this subsection, which shall include— 
‘‘(i) the costs and benefits of the program; and
1045 
‘‘(ii) an analysis of the effectiveness of the pro-
gram, as determined under criteria developed by the 
Director.’’; and 
(3) in subsection (g), by striking ‘‘this section’’ 
and inserting ‘‘subsection (b)’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
The table of sections for subchapter I of chapter 57 of 
title 5, United States Code, is amended by striking the 
item relating to section 5711 and inserting the following: 
‘‘5711. Authority for telework travel expenses programs.’’. 
SEC. 1114. EXTENSION OF RATE OF OVERTIME PAY AU-
THORITY FOR DEPARTMENT OF THE NAVY 
EMPLOYEES PERFORMING WORK ABOARD OR 
DOCKSIDE IN SUPPORT OF THE NUCLEAR- 
POWERED AIRCRAFT CARRIER FORWARD DE-
PLOYED IN JAPAN. 
Section 5542(a)(6)(B) of title 5, United States Code, 
is amended by striking ‘‘September 30, 2021’’ and insert-
ing ‘‘September 30, 2026’’. 
SEC. 1115. VACANCY OF INSPECTOR GENERAL POSITIONS. 
(a) IN GENERAL.—Section 3345 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d)(1) Notwithstanding subsection (a), if an Inspec-
tor General position that requires appointment by the 
President by and with the advice and consent of the Sen-
1046 
ate to be filled is vacant, the first assistant of such posi-
tion shall perform the functions and duties of the Inspec-
tor General temporarily in an acting capacity subject to 
the time limitations of section 3346. 
‘‘(2) Notwithstanding subsection (a), if for purposes 
of carrying out paragraph (1) of this subsection, by reason 
of absence, disability, or vacancy, the first assistant to the 
position of Inspector General is not available to perform 
the functions and duties of the Inspector General, an act-
ing Inspector General shall be appointed by the President 
from among individuals serving in an office of any Inspec-
tor General, provided that— 
‘‘(A) during the 365-day period preceding the 
date of death, resignation, or beginning of inability 
to serve of the applicable Inspector General, the in-
dividual served in a position in an office of any In-
spector General for not less than 90 days; and 
‘‘(B) the rate of pay for the position of such in-
dividual is equal to or greater than the minimum 
rate of pay payable for a position at GS–15 of the 
General Schedule.’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any vacancy first occurring with 
respect to an Inspector General position on or after the 
date of enactment of this Act.
1047 
Subtitle B—Elijah E. Cummings 
Federal Employee Antidiscrimi-
nation Act of 2020 
SEC. 1121. SHORT TITLE. 
This subtitle may be cited as the ‘‘Elijah E. Cum-
mings Federal Employee Antidiscrimination Act of 2020’’. 
SEC. 1122. SENSE OF CONGRESS. 
Section 102 of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended— 
(1) by striking paragraph (4) and inserting the 
following: 
‘‘(4) accountability in the enforcement of the 
rights of Federal employees is furthered when Fed-
eral agencies agree to take appropriate disciplinary 
action against Federal employees who are found to 
have intentionally committed discriminatory (includ-
ing retaliatory) acts;’’; and 
(2) in paragraph (5)(A)— 
(A) by striking ‘‘nor is accountability’’ and 
inserting ‘‘accountability is not’’; and 
(B) by inserting ‘‘for what, by law, the 
agency is responsible’’ after ‘‘under this Act’’.
1048 
SEC. 1123. NOTIFICATION OF VIOLATION. 
Section 202 of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by adding at the end the 
following: 
‘‘(d) NOTIFICATION OF FINAL AGENCY ACTION.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date on which an event described in para-
graph (2) occurs with respect to a finding of dis-
crimination (including retaliation), the head of the 
Federal agency subject to the finding shall provide 
notice— 
‘‘(A) on the public internet website of the 
agency, in a clear and prominent location linked 
directly from the home page of that website; 
‘‘(B) stating that a finding of discrimina-
tion (including retaliation) has been made; and 
‘‘(C) which shall remain posted for not less 
than 1 year. 
‘‘(2) EVENTS DESCRIBED.—An event described 
in this paragraph is any of the following: 
‘‘(A) All appeals of a final action by a Fed-
eral agency involving a finding of discrimination 
(including retaliation) prohibited by a provision 
of law covered by paragraph (1) or (2) of sec-
tion 201(a) have been exhausted.
1049 
‘‘(B) All appeals of a final decision by the 
Equal Employment Opportunity Commission 
involving a finding of discrimination (including 
if the finding included a finding of retaliation) 
prohibited by a provision of law covered by 
paragraph (1) or (2) of section 201(a) have 
been exhausted. 
‘‘(C) A court of jurisdiction issues a final 
judgment involving a finding of discrimination 
(including retaliation) prohibited by a provision 
of law covered by paragraph (1) or (2) of sec-
tion 201(a). 
‘‘(3) CONTENTS.—A notification provided under 
paragraph (1) with respect to a finding of discrimi-
nation (including retaliation) shall— 
‘‘(A) identify the date on which the finding 
was made, the date on which each discrimina-
tory act occurred, and the law violated by each 
such discriminatory act; and 
‘‘(B) advise Federal employees of the 
rights and protections available under the provi-
sions of law covered by paragraphs (1) and (2) 
of section 201(a).’’. 
SEC. 1124. REPORTING REQUIREMENTS. 
(a) ELECTRONIC FORMAT REQUIREMENT.—
1050 
(1) IN GENERAL.—Section 203(a) of the Notifi-
cation and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended in the matter preceding paragraph (1)— 
(A) by inserting ‘‘Homeland Security and’’ 
before ‘‘Governmental Affairs’’; 
(B) by striking ‘‘on Government Reform’’ 
and inserting ‘‘on Oversight and Reform’’; and 
(C) by inserting ‘‘(in an electronic format 
prescribed by the Director of the Office of Per-
sonnel Management),’’ after ‘‘an annual re-
port’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)(C) shall take effect on the date 
that is 1 year after the date of enactment of this 
Act. 
(3) TRANSITION PERIOD.—Notwithstanding the 
requirements of section 203(a) of the Notification 
and Federal Employee Antidiscrimination and Retal-
iation Act of 2002 (5 U.S.C. 2301 note), the report 
required under such section 203(a) may be sub-
mitted in an electronic format, as prescribed by the 
Director of the Office of Personnel Management, 
during the period beginning on the date of enact-
1051 
ment of this Act and ending on the effective date in 
paragraph (2). 
(b) REPORTING REQUIREMENT FOR DISCIPLINARY 
ACTION.—Section 203 of the Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002 
(5 U.S.C. 2301 note) is amended by adding at the end 
the following: 
‘‘(c) DISCIPLINARY
ACTION
REPORT.—Not later 
than 120 days after the date on which a Federal agency 
takes final action, or a Federal agency receives a final de-
cision issued by the Equal Employment Opportunity Com-
mission, involving a finding of discrimination (including 
retaliation) in violation of a provision of law covered by 
paragraph (1) or (2) of section 201(a), as applicable, the 
applicable Federal agency shall submit to the Commission 
a report stating— 
‘‘(1) whether disciplinary action has been pro-
posed against a Federal employee as a result of the 
violation; and 
‘‘(2) the reasons for any disciplinary action pro-
posed under paragraph (1).’’.
1052 
SEC. 1125. DATA TO BE POSTED BY EMPLOYING FEDERAL 
AGENCIES. 
Section 301(b) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended— 
(1) in paragraph (9)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B)(ii), by striking 
the period at the end and inserting ‘‘, and’’; 
and 
(C) by adding at the end the following: 
‘‘(C) with respect to each finding described 
in subparagraph (A)— 
‘‘(i) the date of the finding, 
‘‘(ii) the affected Federal agency, 
‘‘(iii) the law violated, and 
‘‘(iv) whether a decision has been 
made regarding disciplinary action as a re-
sult of the finding.’’; and 
(2) by adding at the end the following: 
‘‘(11) Data regarding each class action com-
plaint filed against the agency alleging discrimina-
tion (including retaliation), including— 
‘‘(A) information regarding the date on 
which each complaint was filed,
1053 
‘‘(B) a general summary of the allegations 
alleged in the complaint, 
‘‘(C) an estimate of the total number of 
plaintiffs joined in the complaint, if known, 
‘‘(D) the current status of the complaint, 
including whether the class has been certified, 
and 
‘‘(E) the case numbers for the civil actions 
in which discrimination (including retaliation) 
has been found.’’. 
SEC. 1126. DATA TO BE POSTED BY THE EQUAL EMPLOY-
MENT OPPORTUNITY COMMISSION. 
Section 302(b) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by striking ‘‘(10)’’ and in-
serting ‘‘(11)’’. 
SEC. 1127. NOTIFICATION AND FEDERAL EMPLOYEE ANTI-
DISCRIMINATION AND RETALIATION ACT OF 
2002 AMENDMENTS. 
(a) NOTIFICATION REQUIREMENTS.—Title II of the 
Notification and Federal Employee Antidiscrimination 
and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following:
1054 
‘‘SEC. 207. COMPLAINT TRACKING. 
‘‘Not later than 1 year after the date of enactment 
of the Elijah E. Cummings Federal Employee Anti-
discrimination Act of 2020, each Federal agency shall es-
tablish a system to track each complaint of discrimination 
arising under section 2302(b)(1) of title 5, United States 
Code, and adjudicated through the Equal Employment 
Opportunity process from the filing of a complaint with 
the Federal agency to resolution of the complaint, includ-
ing whether a decision has been made regarding discipli-
nary action as the result of a finding of discrimination. 
‘‘SEC. 208. NOTATION IN PERSONNEL RECORD. 
‘‘If a Federal agency takes an adverse action covered 
under section 7512 of title 5, United States Code, against 
a Federal employee for an act of discrimination (including 
retaliation) prohibited by a provision of law covered by 
paragraph (1) or (2) of section 201(a), the agency shall, 
after all appeals relating to that action have been ex-
hausted, include a notation of the adverse action and the 
reason for the action in the personnel record of the em-
ployee.’’. 
(b) PROCESSING AND REFERRAL.—The Notification 
and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (5 U.S.C. 2301 note) is amended by adding 
at the end the following:
1055 
‘‘TITLE IV—PROCESSING AND 
REFERRAL 
‘‘SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS. 
‘‘Each Federal agency shall— 
‘‘(1) be responsible for the fair and impartial 
processing and resolution of complaints of employ-
ment discrimination (including retaliation) prohib-
ited by a provision of law covered by paragraph (1) 
or (2) of section 201(a); and 
‘‘(2) establish a model Equal Employment Op-
portunity Program that— 
‘‘(A) is not under the control, either struc-
turally or practically, of the agency’s Office of 
Human Capital or Office of the General Coun-
sel (or the equivalent); 
‘‘(B) is devoid of internal conflicts of inter-
est and ensures fairness and inclusiveness with-
in the agency; and 
‘‘(C) ensures the efficient and fair resolu-
tion of complaints alleging discrimination (in-
cluding retaliation). 
‘‘SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL. 
‘‘Nothing in this title shall prevent a Federal agency 
or a subcomponent of a Federal agency, or the Depart-
ment of Justice, from providing advice or counsel to em-
1056 
ployees of that agency (or subcomponent, as applicable) 
in the resolution of a complaint. 
‘‘SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF 
AGENCY. 
‘‘The head of each Federal agency’s Equal Employ-
ment Opportunity Program shall report directly to the 
head of the agency. 
‘‘SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. 
‘‘(a) EEOC FINDINGS OF DISCRIMINATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the date on which the Equal Employment Op-
portunity Commission (referred to in this section as 
the ‘Commission’) receives, or should have received, 
a Federal agency report required under section 
203(c), the Commission may refer the matter to 
which the report relates to the Office of Special 
Counsel if the Commission determines that the Fed-
eral agency did not take appropriate action with re-
spect to the finding that is the subject of the report. 
‘‘(2) NOTIFICATIONS.—The Commission shall— 
‘‘(A) notify the applicable Federal agency 
if the Commission refers a matter to the Office 
of Special Counsel under paragraph (1); and
1057 
‘‘(B) with respect to a fiscal year, include 
in the Annual Report of the Federal Workforce 
of the Commission covering that fiscal year— 
‘‘(i) the number of referrals made 
under paragraph (1) during that fiscal 
year; and 
‘‘(ii) a brief summary of each referral 
described in clause (i). 
‘‘(b) REFERRALS TO SPECIAL COUNSEL.—The Office 
of Special Counsel shall accept and review a referral from 
the Commission under subsection (a)(1) for purposes of 
pursuing disciplinary action under the authority of the Of-
fice against a Federal employee who commits an act of 
discrimination (including retaliation). 
‘‘(c) NOTIFICATION.—The Office of Special Counsel 
shall notify the Commission and the applicable Federal 
agency in a case in which— 
‘‘(1) the Office of Special Counsel pursues dis-
ciplinary action under subsection (b); and 
‘‘(2) the Federal agency imposes some form of 
disciplinary action against a Federal employee who 
commits an act of discrimination (including retalia-
tion). 
‘‘(d) SPECIAL
COUNSEL
APPROVAL.—A Federal 
agency may not take disciplinary action against a Federal
1058 
employee for an alleged act of discrimination (including 
retaliation) referred by the Commission under this section, 
except in accordance with the requirements of section 
1214(f) of title 5, United States Code.’’. 
(c) CONFORMING AMENDMENTS.—The table of con-
tents in section 1(b) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended— 
(1) by inserting after the item relating to sec-
tion 206 the following: 
‘‘Sec. 207. Complaint tracking. 
‘‘Sec. 208. Notation in personnel record.’’; and 
(2) by adding at the end the following: 
‘‘TITLE IV—PROCESSING AND REFERRAL 
‘‘Sec. 401. Processing and resolution of complaints. 
‘‘Sec. 402. No limitation on advice or counsel. 
‘‘Sec. 403. Head of Program supervised by head of agency. 
‘‘Sec. 404. Referrals of findings of discrimination.’’. 
SEC. 1128. NONDISCLOSURE AGREEMENT LIMITATION. 
Section 2302(b)(13) of title 5, United States Code, 
is amended— 
(1) by striking ‘‘agreement does not’’ and in-
serting the following: ‘‘agreement— 
‘‘(A) does not’’; 
(2) in subparagraph (A), as so designated, by 
inserting ‘‘or the Office of Special Counsel’’ after 
‘‘Inspector General’’; and 
(3) by adding at the end the following:
1059 
‘‘(B) prohibits or restricts an employee or 
applicant for employment from disclosing to 
Congress, the Special Counsel, the Inspector 
General of an agency, or any other agency com-
ponent responsible for internal investigation or 
review any information that relates to any viola-
tion of any law, rule, or regulation, or mis-
management, a gross waste of funds, an abuse 
of authority, or a substantial and specific dan-
ger to public health or safety, or any other 
whistleblower protection; or’’. 
Subtitle C—Office of the National 
Cyber Director 
SEC. 1131. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Cyber 
Director Act’’. 
SEC. 1132. NATIONAL CYBER DIRECTOR. 
(a) ESTABLISHMENT.—There is established, within 
the Executive Office of the President, the Office of the 
National Cyber Director (in this section referred to as the 
‘‘Office’’). 
(b) NATIONAL CYBER DIRECTOR.— 
(1) IN GENERAL.—The Office shall be headed 
by the National Cyber Director (in this section re-
ferred to as the ‘‘Director’’) who shall be appointed
1060 
by the President, by and with the advice and consent 
of the Senate. The Director shall hold office at the 
pleasure of the President, and shall be entitled to re-
ceive the same pay and allowances as are provided 
for level I of the Executive Schedule under section 
5312 of title 5, United States Code. 
(2) DEPUTY DIRECTORS.—There shall be two 
Deputy National Cyber Directors, to be appointed 
by the President, who shall hold office at the pleas-
ure of the President, and who shall report to the Di-
rector, as follows: 
(A) The Deputy National Cyber Director 
for Strategy, Capabilities, and Budget. 
(B) The Deputy National Cyber Director 
for Plans and Operations. 
(c) DUTIES OF THE NATIONAL CYBER DIRECTOR.— 
(1) IN GENERAL.—Subject to the authority, di-
rection, and control of the President, the Director 
shall— 
(A) serve as the principal advisor to the 
President on cybersecurity strategy and policy; 
(B) in consultation with appropriate Fed-
eral departments and agencies, develop the 
United States’ National Cyber Strategy, which
1061 
shall include elements related to Federal de-
partments and agencies— 
(i) information security; and 
(ii) programs and policies intended to 
improve the United States’ cybersecurity 
posture; 
(C) in consultation with appropriate Fed-
eral departments and agencies and upon ap-
proval of the National Cyber Strategy by the 
President, supervise implementation of the 
strategy by— 
(i) in consultation with the Director of 
the Office of Management and Budget, 
monitoring and assessing the effectiveness, 
including cost-effectiveness, of Federal de-
partments and agencies’ implementation of 
the strategy; 
(ii) making recommendations relevant 
to changes in the organization, personnel 
and resource allocation, and policies of 
Federal departments and agencies to the 
Director of the Office of Management and 
Budget and heads of such departments 
and agencies in order to implement the 
strategy;
1062 
(iii) reviewing the annual budget pro-
posal for each Federal department or agen-
cy and certifying to the head of each Fed-
eral department or agency and the Direc-
tor of the Office Management and Budget 
whether the department or agency proposal 
is consistent with the strategy; 
(iv) continuously assessing and mak-
ing relevant recommendations to the Presi-
dent on the appropriate level of integration 
and interoperability across the Federal cy-
bersecurity operations centers; 
(v) coordinating with the Federal 
Chief Information Officer, the Federal 
Chief Information Security Officer, the Di-
rector of the Cybersecurity and Infrastruc-
ture Security Agency, and the Director of 
National Institute of Standards and Tech-
nology on the development and implemen-
tation of policies and guidelines related to 
issues of Federal department and agency 
information security; and 
(vi) reporting annually to the Presi-
dent and the Congress on the state of the 
United States’ cybersecurity posture, the
1063 
effectiveness of the strategy, and the sta-
tus of Federal departments and agencies’ 
implementation of the strategy; 
(D) lead joint interagency planning for the 
Federal Government’s integrated response to 
cyberattacks and cyber campaigns of significant 
consequence, to include— 
(i) coordinating with relevant Federal 
departments and agencies in the develop-
ment of, for the approval of the President, 
joint, integrated operational plans, proc-
esses, and playbooks for incident response 
that feature— 
(I) clear lines of authority and 
lines of effort across the Federal Gov-
ernment; 
(II) authorities that have been 
delegated to an appropriate level to 
facilitate 
effective 
operational 
re-
sponses across the Federal Govern-
ment; and 
(III) support for the integration 
of defensive cyber plans and capabili-
ties with offensive cyber plans and ca-
pabilities in a manner consistent with
1064 
improving the United States’ cyberse-
curity posture; 
(ii) exercising these operational plans, 
processes, and playbooks; 
(iii) updating these operational plans, 
processes, and playbooks for incident re-
sponse as needed in coordination with on-
going offensive cyber plans and operations; 
and 
(iv) ensuring these plans, processes, 
and playbooks are properly coordinated 
with relevant private sector entities, as ap-
propriate; 
(E) direct the Federal Government’s re-
sponse to cyberattacks and cyber campaigns of 
significant consequence, to include— 
(i) developing for the approval of the 
President, with the heads of relevant Fed-
eral departments and agencies independ-
ently or through the National Security 
Council as directed by the President, oper-
ational priorities, requirements, and tasks; 
(ii) coordinating, deconflicting, and 
ensuring the execution of operational ac-
tivities in incident response; and
1065 
(iii) coordinating operational activities 
with relevant private sector entities; 
(F) coordinate and consult with private 
sector leaders on cybersecurity and emerging 
technology issues with the support of, and in 
coordination with, the Cybersecurity and Infra-
structure Security Agency and other Federal 
departments and agencies, as appropriate; 
(G) annually report to Congress on cyber-
security threats and issues facing the nation, 
including any new or emerging technologies 
that may impact national security, economic 
prosperity, or enforcing the rule of law; and 
(H) be responsible for such other functions 
as the President may direct. 
(2) DELEGATION OF AUTHORITY.—The Direc-
tor may— 
(A) serve as the senior representative on 
any body that the President may establish for 
the purpose of providing the President advice 
on cybersecurity; 
(B) be empowered to convene National Se-
curity Council, National Economic Council and 
Homeland Security Council meetings, with the 
concurrence of the National Security Advisor,
1066 
Homeland Security Advisor, or Director of the 
National Economic Council, as appropriate; 
(C) be included as a participant in prep-
arations for and, if appropriate, execution of cy-
bersecurity summits and other international 
meetings at which cybersecurity is a major 
topic; 
(D) delegate any of the Director’s func-
tions, powers, and duties to such officers and 
employees of the Office as he may designate; 
and 
(E) authorize such successive re-delega-
tions of such functions, powers, and duties to 
such officers and employees of the Office as he 
may deem appropriate. 
(d) ATTENDANCE AND PARTICIPATION IN NATIONAL 
SECURITY COUNCIL MEETINGS.—Section 101(c)(2) of the 
National Security Act of 1947 (50 U.S.C. 3021(c)(2)) is 
amended by striking ‘‘and the Chairman of the Joint 
Chiefs of Staff’’ and inserting ‘‘the Chairman of the Joint 
Chiefs of Staff, and the National Cyber Director’’. 
(e) POWERS OF THE DIRECTOR.—The Director may, 
for the purposes of carrying out the Director’s functions 
under this section—
1067 
(1) subject to the civil service and classification 
laws, select, appoint, employ, and fix the compensa-
tion of such officers and employees as are necessary 
and prescribe their authority and duties, except that 
not more than 75 individuals may be employed with-
out regard to any provision of law regulating the 
employment or compensation at rates not to exceed 
the basic rate of basic pay payable for level IV of 
the Executive Schedule under section 5315 of title 
5, United States Code; 
(2) employ experts and consultants in accord-
ance with section 3109 of title 5, United States 
Code, and compensate individuals so employed for 
each day (including travel time) at rates not in ex-
cess of the maximum rate of basic pay for grade 
GS–15 as provided in section 5332 of such title, and 
while such experts and consultants are so serving 
away from their homes or regular place of business, 
to pay such employees travel expenses and per diem 
in lieu of subsistence at rates authorized by section 
5703 of such title 5 for persons in Federal Govern-
ment service employed intermittently; 
(3) promulgate such rules and regulations as 
may be necessary to carry out the functions, powers, 
and duties vested in the Director;
1068 
(4) utilize, with their consent, the services, per-
sonnel, and facilities of other Federal agencies; 
(5) enter into and perform such contracts, 
leases, cooperative agreements, or other transactions 
as may be necessary in the conduct of the work of 
the Office and on such terms as the Director may 
determine appropriate, with any Federal agency, or 
with any public or private person or entity; 
(6) accept voluntary and uncompensated serv-
ices, notwithstanding the provisions of section 1342 
of title 31, United States Code; 
(7) adopt an official seal, which shall be judi-
cially noticed; and 
(8) provide, where authorized by law, copies of 
documents to persons at cost, except that any funds 
so received shall be credited to, and be available for 
use from, the account from which expenditures relat-
ing thereto were made. 
(f) DEFINITIONS.—In this section: 
(1) CYBERSECURITY POSTURE.—The term ‘‘cy-
bersecurity posture’’ means the ability to identify 
and protect, and detect, respond to and recover from 
intrusions in, information systems the compromise of 
which could constitute a cyber attack or cyber cam-
paign of significant consequence.
1069 
(2) CYBER ATTACKS AND CYBER CAMPAIGNS OF 
SIGNIFICANT CONSEQUENCE.—The term ‘‘cyber at-
tacks and cyber campaigns of significant con-
sequence’’ means an incident or series of incidents 
that have the purpose or effect of— 
(A) causing a significant disruption to the 
availability of a Federal information system; 
(B) harming, or otherwise significantly 
compromising the provision of service by, a 
computer or network of computers that support 
one or more entities in a critical infrastructure 
sector; 
(C) significantly compromising the provi-
sion of services by one or more entities in a 
critical infrastructure sector; 
(D) causing a significant misappropriation 
of funds or economic resources, trade secrets, 
personal identifiers, or financial information for 
commercial or competitive advantage or private 
financial gain; or 
(E) otherwise constituting a significant 
threat to the national security, foreign policy, or 
economic health or financial stability of the 
United States.
1070 
(3) INCIDENT.—The term ‘‘incident’’ has the 
meaning given that term in section 3552 of title 44, 
United States Code. 
(4) INFORMATION SECURITY.—The term ‘‘infor-
mation security’’ has the meaning given that term in 
section 3552 of title 44, United States Code. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. MODIFICATION AND EXTENSION OF SUPPORT OF 
SPECIAL OPERATIONS FOR IRREGULAR WAR-
FARE. 
(a) AUTHORITY.—Subsection (a) of section 1202 of 
the National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; 131 Stat. 1639) is amended— 
(1) by striking ‘‘$10,000,000’’ and inserting 
‘‘$15,000,000’’; and 
(2) by striking ‘‘2023’’ and inserting ‘‘2025’’. 
(b) NOTIFICATION.—Subsection (d)(2) of such sec-
tion is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (G); 
(2) by inserting after subparagraph (D) the fol-
lowing:
1071 
‘‘(E) A description of steps taken to ensure 
the support is consistent with other United 
States diplomatic and security interests, includ-
ing issues related to local political dynamics, 
civil-military relations, and human rights. 
‘‘(F) A description of steps taken to ensure 
that the recipients of the support have not and 
will not engage in human rights violations or 
violations of the Geneva Conventions of 1949, 
including vetting, training, and support for ade-
quately investigating allegations of violations 
and removing support in case of credible re-
ports of violations.’’; and 
(3) in clause (i) of subparagraph (G), as redes-
ignated, to read as follows: 
‘‘(i) An introduction of United States 
Armed Forces (including as such term is 
defined in section 8(c) of the War Powers 
Resolution (50 U.S.C. 1547(c))) into hos-
tilities, or into situations where hostilities 
are clearly indicated by the circumstances, 
without specific statutory authorization 
within the meaning of section 5(b) of such 
Resolution (50 U.S.C. 1544(b)).’’.
1072 
(c) CONSTRUCTION
OF
AUTHORITY.—Subsection 
(f)(2) of such section is amended by striking ‘‘of section 
5(b)’’. 
(d) CLARIFICATION.—Such section, as so amended, 
is further amended— 
(1) by redesignating subsections (g), (h), and 
(i) as subsections (h), (i), and (j), respectively; and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) CLARIFICATION.—The provision of support to 
foreign forces, irregular forces, groups, or individuals pur-
suant to subsection (a) constitutes support to a unit of 
a foreign security force for purposes of section 362 of title 
10, United States Code.’’. 
SEC. 1202. DEPARTMENT OF DEFENSE PARTICIPATION IN 
EUROPEAN PROGRAM ON MULTILATERAL EX-
CHANGE 
OF 
SURFACE 
TRANSPORTATION 
SERVICES. 
(a) IN GENERAL.—Subchapter II of chapter 138 of 
title 10, United States Code, is amended by adding at the 
end the following:
1073 
‘‘§ 2350o. Participation in European Program on Mul-
tilateral Exchange of Surface Transpor-
tation Services 
‘‘(a) PARTICIPATION AUTHORIZED.—(1) The Sec-
retary of Defense may, with the concurrence of the Sec-
retary of State, authorize the participation of the United 
States in the Surface Exchange of Services program (in 
this section referred to as the ‘SEOS program’) of the 
Movement Coordination Centre Europe. 
‘‘(2) Participation in the SEOS program under para-
graph (1) may include— 
‘‘(A) the reciprocal exchange or transfer of sur-
face transportation on a reimbursable basis or by re-
placement-in-kind; or 
‘‘(B) the exchange of surface transportation 
services of equal value. 
‘‘(b) WRITTEN ARRANGEMENTS OR AGREEMENTS.— 
(1) The participation of the United States in the SEOS 
program under subsection (a) shall be in accordance with 
a written arrangement or agreement entered into by the 
Secretary of Defense, with the concurrence of the Sec-
retary of State, and the Movement Coordination Centre 
Europe. 
‘‘(2) If facilities, equipment, or funds of the Depart-
ment of Defense are used to support the SEOS program, 
the written arrangement or agreement entered into under
1074 
paragraph (1) shall specify the details of any equitable 
cost sharing or other funding arrangement. 
‘‘(3) Any written arrangement or agreement entered 
into under paragraph (1) shall require that any accrued 
credits and liabilities resulting from an unequal exchange 
or transfer of surface transportation services shall be liq-
uidated, not less than once every five years, through the 
SEOS program. 
‘‘(c) IMPLEMENTATION.—In carrying out any ar-
rangement or agreement entered into under subsection 
(b)(1), the Secretary of Defense may— 
‘‘(1) from funds available to the Department of 
Defense for operation and maintenance, pay the eq-
uitable share of the United States for the operating 
expenses of the Movement Coordination Centre Eu-
rope and the SEOS program; and 
‘‘(2) assign members of the armed forces or ci-
vilian personnel of the Department of Defense, from 
among members and personnel within billets author-
ized for the United States European Command, to 
duty at the Movement Coordination Centre Europe 
as necessary to fulfill the obligations of the United 
States under that arrangement or agreement. 
‘‘(d) CREDITING
OF RECEIPTS.—Any amount re-
ceived by the United States as part of the SEOS program
1075 
shall be credited, at the option of the Secretary of Defense, 
to— 
‘‘(1) the appropriation, fund, or account used in 
incurring the obligation for which such amount is re-
ceived; or 
‘‘(2) an appropriate appropriation, fund, or ac-
count currently available for the purposes for which 
the expenditures were made. 
‘‘(e) EXPIRATION.—The authority provided by this 
section to participate in the SEOS program shall expire 
five years after the date on which the Secretary of Defense 
first enters into a written arrangement or agreement 
under subsection (b). The Secretary shall publish notice 
of such date on a public website of the Department of De-
fense. 
‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to authorize the 
use of foreign sealift in violation of section 2631 of this 
title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2350o. Participation in European program on multilateral exchange of surface 
transportation services.’’.
1076 
SEC. 1203. EXTENSION OF AUTHORITY TO TRANSFER EX-
CESS 
HIGH 
MOBILITY 
MULTIPURPOSE 
WHEELED VEHICLES TO FOREIGN COUN-
TRIES. 
Section 1276 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1699) is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph(A), by adding at the 
end the following: ‘‘Such description may in-
clude, if applicable, a description of the priority 
United States security or defense cooperation 
interest with the recipient country that is ful-
filled by the waiver.’’; and 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) An explanation of why it is in the na-
tional interests of the United States to make 
the transfer notwithstanding the requirements 
of subsection (a)(1).’’; and 
(2) in subsection (c)(2), by striking ‘‘three’’ and 
inserting ‘‘five’’.
1077 
SEC. 1204. MODIFICATION AND EXTENSION OF UPDATE OF 
DEPARTMENT OF DEFENSE FREEDOM OF 
NAVIGATION REPORT. 
(a) IN GENERAL.—Subsection (a) of section 1275 of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 2540) is amend-
ed— 
(1) by striking ‘‘an annual basis’’ and inserting 
‘‘a biannual basis’’; and 
(2) by striking ‘‘the previous year’’ and insert-
ing ‘‘the previous 6 months’’. 
(b) ELEMENTS.—Subsection (b) of such section is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the year’’ and inserting ‘‘the period’’; 
(2) in paragraph (1), by inserting ‘‘the number 
of maritime and overflight challenges to each such 
claim and’’ before ‘‘the country’’; 
(3) in paragraph (5), by inserting ‘‘have been 
protested by the United States but’’ before ‘‘have 
not been challenged’’; and 
(4) by adding at the end the following: 
‘‘(6) A summary of each excessive maritime 
claim challenged jointly with international partners 
and allies.’’.
1078 
(c) FORM.—Subsection (c) of such section is amend-
ed by adding at the end before the period the following: 
‘‘and made publicly available’’. 
(d) SUNSET.—Subsection (d) of such section is 
amended by striking ‘‘December 31, 2021’’ and inserting 
‘‘December 31, 2025’’. 
(e) CONFORMING AMENDMENT.—The heading of 
such section is amended by striking ‘‘ANNUAL’’ and in-
serting ‘‘BIANNUAL’’. 
SEC. 1205. EXTENSION OF REPORT ON WORKFORCE DEVEL-
OPMENT. 
Section 1250(b)(1) of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 114–328; 
130 Stat. 2529) is amended by striking ‘‘through 2021’’ 
and inserting ‘‘through 2026’’. 
SEC. 1206. REPORT ON HUMAN RIGHTS AND BUILDING 
PARTNER CAPACITY PROGRAMS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Secretary of State, shall 
submit to the appropriate congressional committees a re-
port identifying units of national security forces of foreign 
countries that— 
(1) have participated in programs under the au-
thority of section 333 of title 10, United States
1079 
Code, during any of fiscal years 2017 through 2020; 
and 
(2) are subject to United States sanctions relat-
ing to gross violations of internationally recognized 
human rights under any other provision of law, in-
cluding as described in the annual Department of 
State’s Country Reports on Human Rights Prac-
tices. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) should include recommendations 
to improve human rights training and additional measures 
that can be adopted to prevent violations of human rights 
under any other provision of law. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives.
1080 
SEC. 1207. EXTENSION OF DEPARTMENT OF DEFENSE SUP-
PORT FOR STABILIZATION ACTIVITIES IN NA-
TIONAL SECURITY INTEREST OF THE UNITED 
STATES. 
Subsection (h) of section 1210A of the National De-
fense Authorization Act for Fiscal Year 2020 (Public Law 
116–92; 133 Stat. 1628) is amended by striking ‘‘Decem-
ber 31, 2020’’ and inserting ‘‘December 31, 2021’’. 
Subtitle B—Matters Relating to 
Afghanistan and Pakistan 
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY 
FOR REIMBURSEMENT OF CERTAIN COALI-
TION NATIONS FOR SUPPORT PROVIDED TO 
UNITED STATES MILITARY OPERATIONS. 
(a) EXTENSION.—Subsection (a) of section 1233 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 393) is amended 
by striking ‘‘October 1, 2019, and ending on December 
31, 2020’’ and inserting ‘‘October 1, 2020, and ending 
on December 31, 2021’’. 
(b) MODIFICATION
TO
LIMITATION.—Subsection 
(d)(1) of such section is amended— 
(1) by striking ‘‘October 1, 2019, and ending 
on December 31, 2020’’ and inserting ‘‘October 1, 
2020, and ending on December 31, 2021’’; and
1081 
(2) by striking ‘‘$450,000,000’’ and inserting 
‘‘$180,000,000’’. 
SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMI-
GRANT VISA PROGRAM. 
(a) IN GENERAL.—Section 602(b)(3)(F) of the Af-
ghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) 
is amended— 
(1) in the heading, by striking ‘‘2020’’ and in-
serting ‘‘2021’’; 
(2) in clause (i), by striking ‘‘December 31, 
2021’’ and inserting ‘‘December 31, 2022’’; and 
(3) in clause (ii), the striking ‘‘December 31, 
2021’’ inserting ‘‘December 31, 2022’’. 
(b) REPORT EXTENSION.—Section 602(b)(13) of 
such Act (8 U.S.C. 1101 note) is amended by striking 
‘‘January 31, 2021’’ and inserting ‘‘January 31, 2023’’. 
SEC. 1213. LIMITATION ON USE OF FUNDS TO REDUCE DE-
PLOYMENT TO AFGHANISTAN. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is in the national security interests of the 
United States to deny terrorists safe haven in Af-
ghanistan, protect the United States homeland, up-
hold the United States partnership with the Govern-
ment of Afghanistan and cooperation with the Af-
1082 
ghan National Defense and Security Forces, and 
protect the hard-fought rights of women, girls, and 
other vulnerable populations in Afghanistan; 
(2) a rapid military drawdown and a lack of 
United States commitment to the security and sta-
bility of Afghanistan would undermine diplomatic ef-
forts for peace; 
(3) the current agreement between the United 
States and the Taliban is not a substitute for a final 
intra-Afghan agreement that provides for the appro-
priate protections for vulnerable populations, creates 
conditions for the rejection of violence and preven-
tion of international terrorist safe havens, and rep-
resents a durable diplomatic solution, based on 
verifiable facts and conditions on the ground, that 
provides for long-term stability; and 
(4) the Administration has a constitutional obli-
gation to provide Congress with regular, timely, and 
comprehensive information on the status of security 
operations and diplomatic efforts in a form that can 
be transparently communicated to the American peo-
ple. 
(b) LIMITATION.—Until the date on which the Sec-
retary of Defense, in concurrence with each covered offi-
cial, submits the report described in subsection (c) to the
1083 
appropriate congressional committees, none of the 
amounts authorized to be appropriated for fiscal year 
2020 or 2021 for the Department of Defense may be obli-
gated or expended for any activity having either of the 
following effects: 
(1) Reducing the total number of Armed Forces 
deployed to Afghanistan below the lesser of— 
(A) 8,000; or 
(B) the total number of the Armed Forces 
deployed as of the date of the enactment of this 
Act. 
(2) Reducing the total number of Armed Forces 
deployed to Afghanistan below 4,000. 
(c) REPORT.—The report described in this subsection 
shall include each of the following: 
(1) A certification that the intended withdrawal 
of the United States Armed Forces in Afghani-
stan— 
(A) will not compromise or otherwise nega-
tively affect the ongoing United States counter-
terrorism mission against the Islamic State, al- 
Qaeda, and associated forces; 
(B) will not unduly increase the risk to 
United States personnel in Afghanistan;
1084 
(C) will not increase the risk for the ex-
pansion of existing or formation of new inter-
national terrorist safe havens inside Afghani-
stan; 
(D) will be undertaken with the consulta-
tion and coordination of allies supporting the 
United States- and North Atlantic Treaty Or-
ganization-led missions; and 
(E) is in the best interest of United States 
national security and in furtherance of United 
States policy toward Afghanistan for achieving 
an enduring diplomatic solution. 
(2) An analysis of the impact that the intended 
withdrawal of United States Armed Forces from Af-
ghanistan would have on each of the following: 
(A) The threat posed by the Taliban and 
terrorist organizations, including by each cov-
ered terrorist organization, to— 
(i) the United States homeland; 
(ii) United States interests abroad; 
(iii) allied countries of the North At-
lantic Treaty Organization; 
(iv) the Government of Afghanistan; 
and 
(v) regional peace and security.
1085 
(B) The ability of the Afghan government 
to uphold the human and civil rights (including 
access to voting, education, justice, and eco-
nomic opportunities) of women, girls, people 
with disabilities, religious and ethnic minorities, 
and other vulnerable populations in Afghani-
stan. 
(C) Transparent, credible, and inclusive 
political processes in Afghanistan. 
(D) The capacity of the Afghan National 
Defense and Security Forces to effectively— 
(i) prevent or defend against attacks 
by the Taliban or by terrorist organiza-
tions (including by each covered terrorist 
organization) on civilian populations; 
(ii) prevent the permanent takeover of 
one or more provincial capitals by the 
Taliban or by associated organizations; 
(iii) conduct counterterrorism oper-
ations necessary to deny safe harbor to 
international terrorist organizations that 
the intelligence community assess pose a 
threat to the United States homeland and 
United States interests abroad; and
1086 
(iv) maintain institutional order and 
discipline. 
(E) The influence of Afghanistan’s neigh-
bors and near neighbors on the sovereignty of 
Afghanistan and the strategic national security 
interests of the United States in the region. 
(F) Any other matter the Secretary of De-
fense, in concurrence with each covered official, 
determines appropriate. 
(3) An assessment by the intelligence commu-
nity of the manner and extent to which— 
(A) state actors have provided any incen-
tives to the Taliban, their affiliates, or other 
foreign terrorist organizations for attacks 
against United States, coalition, or Afghan se-
curity forces or civilians in Afghanistan in the 
last 2 years, including the details of any attacks 
believed to have been connected with such in-
centives; 
(B) the Taliban has publicly renounced al- 
Qaeda; 
(C) the Taliban has made any efforts to 
break with al-Qaeda since February 29, 2020, 
and a description of these efforts;
1087 
(D) any senior al-Qaeda leaders, including 
Ayman al-Zawahiri, or any leaders of al-Qaeda 
in the Indian Subcontinent, have been present 
in Afghanistan since February 29, 2020, and if 
so, the names of the leaders, the dates they 
were present in Afghanistan, and their other lo-
cations since February 29, 2020; 
(E) any members of al-Qaeda, al-Qaeda in 
the Indian Subcontinent, al-Qaeda-affiliated 
groups, or any covered terrorist organization 
have, since February 29, 2020— 
(i) fought alongside, trained alongside, 
otherwise operated alongside, or sheltered 
with the Taliban in Afghanistan; 
(ii) conducted attacks inside Afghani-
stan, and, if so, the dates and locations of 
such attacks; 
(iii) operated training camps or re-
lated facilities inside Afghanistan, and, if 
so, the locations of those camps or facili-
ties; 
(iv) traveled to Afghanistan from 
Pakistan, Iran, or neighboring countries;
1088 
(v) continued to have ties to any 
Taliban leaders or members located in 
Pakistan; or 
(vi) continued to work with the 
Haqqani Network; 
(F) any of the prisoners released by the 
Government of Afghanistan since February 29, 
2020— 
(i) are members of, or have ties to, 
any covered terrorist organizations or any 
other organization designated by the 
United States as a foreign terrorist organi-
zation pursuant to section 219 of the Im-
migration and Nationality Act (8 U.S.C. 
1189) and, if so, the names of such former 
prisoners and the reasons for their deten-
tion inside Afghanistan; or 
(ii) are suspected of taking part in at-
tacks against American service members or 
civilians or attacks that caused American 
casualties and, if so, the names of the pris-
oners, the date and location of such at-
tacks, and the number of American casual-
ties attributed to such attacks;
1089 
(G) any of the prisoners the Taliban has 
requested for release, but who have not yet been 
released as of the date of the enactment of this 
Act, are members of, or have ties to, any cov-
ered terrorist organizations or any other organi-
zation designated by the United States as a for-
eign terrorist organization pursuant to section 
219 of the Immigration and Nationality Act (8 
U.S.C. 1189) and, if so, the names of the pris-
oners and the organizations to which they are 
affiliated; and 
(H) senior Taliban leaders, including mem-
bers of the Haqqani Network, who are located 
in Pakistan continue to exercise control over the 
insurgency in Afghanistan. 
(4) The number of attacks that the Taliban has 
carried out in Afghanistan since February 29, 2020, 
including the location and date of each attack as 
well as casualties related to each attack. 
(d) FORM.—The report described in subsection (c) 
shall be submitted in unclassified form without any des-
ignation relating to dissemination control, but may contain 
a classified annex that is accompanied by an unclassified 
summary of the annex.
1090 
(e) WAIVER.—The Secretary of Defense may waive 
the limitation under subsection (b) if, in consultation with 
the Chairman of the Joint Chiefs of Staff and the Com-
mander of United States Forces, Afghanistan, the Sec-
retary— 
(1) determines that the waiver is— 
(A) necessary due to an imminent and ex-
traordinary threat to members of the United 
States Armed Forces in the Afghanistan; or 
(B) vital to the national security interests 
of the United States; and 
(2) submits to the appropriate congressional 
committees a detailed, written justification for such 
waiver, not later than 10 days after the effective 
date of the waiver; and 
(3) in the case of a determination described in 
paragraph (1)(A), includes in such justification each 
of the following: 
(A) A detailed description of the change in 
threat assessment leading to the determination. 
(B) An explanation for the reasons for 
which existing force protection mechanisms 
were not sufficient to reasonably ensure the 
safety of members of the Armed Forces.
1091 
(C) The steps that have been taken to en-
sure that United States equipment does not fall 
into enemy hands. 
(D) A description of the coordination with 
allied countries of the North Atlantic Treaty 
Organization and with other allies and partners 
with respect to the withdrawal. 
(E) A description of the coordination with 
the Department of State to ensure the safety of 
American citizens in Afghanistan in light of and 
subsequent to the withdrawal. 
(f) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services of 
the House of Representatives and the Com-
mittee on Armed Services of the Senate; 
(B) the Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate; and 
(C) the Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate.
1092 
(2) COVERED
OFFICIAL.—The term ‘‘covered 
official’’ means— 
(A) the Secretary of State; 
(B) the Director of National Intelligence; 
(C) the Director of the Central Intelligence 
Agency; 
(D) the Chairman of the Joint Chiefs of 
Staff; 
(E) the Commander of United States Cen-
tral Command; 
(F) the Commander of United States 
Forces, Afghanistan; and 
(G) the United States Permanent Rep-
resentative to the North Atlantic Treaty Orga-
nization. 
(3) COVERED TERRORIST ORGANIZATION.—The 
term ‘‘covered terrorist organization’’ means any of 
the following: 
(A) al-Qaeda and affiliates, including al- 
Qaeda in the Indian Subcontinent. 
(B) The Islamic State and affiliates. 
(C) Tehrik-e Taliban Pakistan. 
(D) The Haqqani Network. 
(E) Islamic Movement of Uzbekistan. 
(F) Eastern Turkistan Islamic Movement.
1093 
(G) Ansralluh. 
(H) Lashkar-e-Tayyiba (including under 
the alias Jamaat-ud-Dawa). 
(I) Jaish-e-Mohammed. 
(J) Harakat ul-Jihad-Islami. 
(K) Harakat ul-Mujahidin. 
(L) Jaysh al-Adl. 
(M) Lashkar-i-Jhangvi. 
(N) Mullah Nasir Group. 
(O) Hafiz Gul Bahadar Group. 
(P) Lashkar-i-Islam. 
(Q) Islamic Jihad Union Group. 
(R) Jamaat-ud-Dawa al Quran. 
(S) Ansarul Islam. 
SEC. 1214. REPORT ON OPERATION FREEDOM SENTINEL. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, and as part of the mate-
rials relating to Operation Freedom Sentinel submitted to 
Congress by the Secretary of Defense in support of the 
budget of the President for the following 2 fiscal years, 
the Secretary shall submit to the Committee on Armed 
Services of the House of Representatives and the Com-
mittee on Armed Services of the Senate a report on Oper-
ation Freedom Sentinel.
1094 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include a list and description 
of activities, exercises, and funding amounts carried out 
under the operation, including— 
(1) specific direct war costs; 
(2) activities that occur in Afghanistan; 
(3) activities that occur outside of Afghanistan, 
including training and costs relating to personnel; 
(4) activities that provide funding to any of the 
services that is part of the operation’s budget re-
quest; and 
(5) activities related to transportation, logistics, 
and other support. 
SEC. 1215. MODIFICATIONS TO IMMUNITY FROM SEIZURE 
UNDER JUDICIAL PROCESS OF CULTURAL 
OBJECTS. 
(a) IN GENERAL.—The Act of October 19, 1965, en-
titled ‘‘An Act to render immune from seizure under judi-
cial process certain objects of cultural significance im-
ported into the United States for temporary display or ex-
hibition, and for other purposes’’ (22 U.S.C. 2459; 79 
Stat. 985) is amended— 
(1) in the heading, by striking ‘‘temporary exhi-
bition or display’’ and inserting ‘‘temporary storage,
1095 
conservation, scientific research, exhibition, or dis-
play’’; 
(2) in subsection (a)— 
(A) by striking ‘‘the temporary exhibition 
or display thereof’’ each place it appears and 
inserting ‘‘temporary storage, conservation, sci-
entific research, exhibition, or display’’; and 
(B) by striking ‘‘cultural or educational’’ 
each place it appears and inserting ‘‘cultural, 
educational, or religious’’; and 
(3) by adding at the end the following: 
‘‘(d) For purposes of this section, the terms ‘im-
ported’ and ‘importation’ include a transfer from a mis-
sion of a foreign country located within the United States 
to a cultural, educational, or religious institution located 
within the United States.’’. 
(b) AFGHANISTAN.— 
(1) IN GENERAL.—A work of art or other ob-
ject of cultural significance that is imported into the 
United States for temporary storage, conservation, 
scientific research, exhibition, or display shall be 
deemed to be immune from seizure under such Act 
of October 19, 1965 (22 U.S.C. 2459) (as amended 
by subsection (a)), and the provisions of such Act
1096 
shall apply in the same manner and to the same ex-
tent to such work or object, if— 
(A) the work or object is exported from Af-
ghanistan with an export permit or license duly 
issued by the Government of Afghanistan; and 
(B)(i) an agreement is entered into be-
tween the Government of Afghanistan and the 
cultural, educational, or religious institution 
within the United States that specifies the con-
ditions for such material to be returned to Af-
ghanistan; or 
(ii) the work or object is transferred to a 
cultural, educational, or religious institution in 
the United States in accordance with an agree-
ment described in clause (i) that also includes 
an authorization to transfer such work or object 
to such an institution. 
SEC. 1216. STRATEGY FOR POST-CONFLICT ENGAGEMENT 
BY THE UNITED STATES IN AFGHANISTAN. 
(a) IN GENERAL.—The Secretary of State, in con-
sultation with the Administrator of the United States 
Agency for International Development and other relevant 
Federal departments and agencies, shall submit to the 
Committee on Foreign Affairs of the House of Representa-
tives and the Committee on Foreign Relations of the Sen-
1097 
ate not later than 120 days after a final Afghan Reconcili-
ation Agreement is reached, a strategy for post-conflict 
engagement by the United States in Afghanistan to sup-
port the implementation of commitments for women and 
girls’ inclusion and empowerment in the Agreement, as 
well as to protect and promote basic human rights in Af-
ghanistan, especially the human rights of women and girls. 
(b) REQUIRED ELEMENTS.—The Secretary of State 
shall seek to ensure that activities carried out under the 
strategy— 
(1) employ rigorous monitoring and evaluation 
methodologies, including ex-post evaluation, and gen-
der analysis as defined by the Women’s Entrepre-
neurship and Economic Empowerment Act of 2018 
(Public Law 115–428) and required by the U.S. 
Strategy on Women, Peace, and Security; 
(2) disaggregate all data collected and reported 
by age, gender, marital and motherhood status, dis-
ability, and urbanity, to the extent practicable and 
appropriate; and 
(3) advance the principles and objectives speci-
fied in the Policy Guidance on Promoting Gender 
Equality of the Department of State and the Gender 
Equality and Female Empowerment Policy of the
1098 
United States Agency for International Develop-
ment. 
SEC. 
1217. 
CONGRESSIONAL 
OVERSIGHT 
OF 
UNITED 
STATES TALKS WITH TALIBAN OFFICIALS 
AND 
AFGHANISTAN’S 
COMPREHENSIVE 
PEACE PROCESS. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations, 
the Committee on Armed Services, and the Se-
lect Committee on Intelligence of the Senate; 
and 
(B) the Committee on Foreign Affairs, the 
Committee on Armed Services, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2) GOVERNMENT
OF
AFGHANISTAN.—The 
term ‘‘Government of Afghanistan’’ means the Gov-
ernment of the Islamic Republic of Afghanistan and 
its agencies, instrumentalities, and controlled enti-
ties. 
(3) THE TALIBAN.—The term ‘‘the Taliban’’—
1099 
(A) refers to the organization that refers 
to itself as the ‘‘Islamic Emirate of Afghani-
stan’’, that was founded by Mohammed Omar, 
and that is currently led by Mawlawi Hibatullah 
Akhundzada; and 
(B) includes subordinate organizations, 
such as the Haqqani Network, and any suc-
cessor organization. 
(4) FEBRUARY
AGREEMENT.—The term 
‘‘February 29 Agreement’’ refers to the political ar-
rangement between the United States and the 
Taliban titled ‘‘Agreement for Bringing Peace to Af-
ghanistan Between the Islamic Emirate of Afghani-
stan which is not recognized by the United States as 
a state and is known as the Taliban and the United 
States of America’’ signed at Doha, Qatar February 
29, 2020. 
(b) OVERSIGHT OF PEACE PROCESS AND OTHER 
AGREEMENTS.— 
(1) TRANSMISSION
TO
CONGRESS
OF
MATE-
RIALS
RELEVANT
TO
THE
FEBRUARY
AGREE-
MENT.—The Secretary of State, in consultation with 
the Secretary of Defense, shall continue to submit to 
the appropriate congressional committees materials 
relevant to the February 29 Agreement.
1100 
(2) SUBMISSION TO CONGRESS OF ANY FUTURE 
DEALS INVOLVING THE TALIBAN.—The Secretary of 
State shall submit to the appropriate congressional 
committees, within 5 days of conclusion and on an 
ongoing basis thereafter, any future agreement or 
arrangement involving the Taliban in any manner, 
as well as materials relevant to any future agree-
ment or arrangement involving the Taliban in any 
manner. 
(3) DEFINITIONS.—In this subsection, the 
terms ‘‘materials relevant to the February 29 Agree-
ment’’ and ‘‘materials relevant to any future agree-
ment or arrangement’’ include all annexes, appen-
dices, and instruments for implementation of the 
February 29 Agreement or a future agreement or 
arrangement, as well as any understandings or ex-
pectations related to the Agreement or a future 
agreement or arrangement. 
(c) REPORT AND BRIEFING ON VERIFICATION AND 
COMPLIANCE.— 
(1) IN GENERAL.— 
(A) REPORT.—Not later than 90 days 
after the date of the enactment of this Act, and 
not less frequently than once every 120 days 
thereafter, the President shall submit to the ap-
1101 
propriate congressional committees a report 
verifying whether the key tenets of the Feb-
ruary 29 Agreement, or future agreements, and 
accompanying implementing frameworks are 
being preserved and honored. 
(B) BRIEFING.—At the time of each report 
submitted under subparagraph (A), the Sec-
retary of State shall direct a Senate-confirmed 
Department of State official and other appro-
priate officials to brief the appropriate congres-
sional committees on the contents of the report. 
The Director of National Intelligence shall also 
direct an appropriate official to participate in 
the briefing. 
(2) ELEMENTS.—The report and briefing re-
quired under paragraph (1) shall include— 
(A) an assessment— 
(i) of the Taliban’s compliance with 
counterterrorism 
guarantees, 
including 
guarantees to deny safe haven and freedom 
of movement to al-Qaeda and other ter-
rorist threats from operating on territory 
under its influence; and 
(ii) whether the United States intel-
ligence community has collected any intel-
1103 
(G) an assessment of threats emanating 
from Afghanistan against the United States 
homeland and United States partners, and a 
description of how the United States Govern-
ment is responding to those threats; 
(H) an assessment of intra-Afghan discus-
sions, political reconciliation, and progress to-
wards a political roadmap that seeks to serve 
all Afghans; 
(I) an assessment of the viability of any 
intra-Afghan governing agreement; 
(J) an assessment as to whether the terms 
of any reduction in violence or ceasefire are 
being met by all sides in the conflict; 
(K) a detailed overview of any United 
States and NATO presence remaining in Af-
ghanistan and any planned changes to such 
force posture; 
(L) an assessment of the status of human 
rights, including the rights of women, minori-
ties, and youth; 
(M) an assessment of the access of women, 
minorities, and youth to education, justice, and 
economic opportunities in Afghanistan;
1104 
(N) an assessment of the status of the rule 
of law and governance structures at the central, 
provincial, and district levels of government; 
(O) an assessment of the media and of the 
press and civil society’s operating space in Af-
ghanistan; 
(P) an assessment of illicit narcotics pro-
duction in Afghanistan, its linkages to ter-
rorism, corruption, and instability, and policies 
to counter illicit narcotics flows; 
(Q) an assessment of corruption in Gov-
ernment of Afghanistan institutions at the dis-
trict, provincial, and central levels of govern-
ment; 
(R) an assessment of the number of 
Taliban and Afghan prisoners and any plans 
for the release of such prisoners from either 
side; 
(S) an assessment of any malign Iranian, 
Chinese, and Russian influence in Afghanistan; 
(T) an assessment of how other regional 
actors, such as Pakistan, the countries of Cen-
tral Asia, and India, are engaging with Afghan-
istan;
1105 
(U) a detailed overview of national-level ef-
forts to promote transitional justice, including 
forensic efforts and documentation of war 
crimes, mass killings, or crimes against human-
ity, redress to victims, and reconciliation activi-
ties; 
(V) A detailed overview of United States 
support for Government of Afghanistan and 
civil society efforts to promote peace and justice 
at the local level and how these efforts are in-
forming government-level policies and negotia-
tions; 
(W) an assessment of the progress made 
by the Afghanistan Ministry of Interior and the 
Office of the Attorney General to address gross 
violations of human rights (GVHRs) by civilian 
security forces, Taliban, and non-government 
armed groups, including— 
(i) a breakdown of resources provided 
by the Government of Afghanistan towards 
these efforts; and 
(ii) a summary of assistance provided 
by the United States Government to sup-
port these efforts; and
1106 
(X) an overview of civilian casualties 
caused by the Taliban, non-government armed 
groups, and Afghan National Defense and Se-
curity Forces, including— 
(i) an estimate of the number of de-
stroyed or severely damaged civilian struc-
tures; 
(ii) a description of steps taken by the 
Government of Afghanistan to minimize ci-
vilian casualties and other harm to civil-
ians and civilian infrastructure; 
(iii) an assessment of the Government 
of Afghanistan’s capacity and mechanisms 
for investigating reports of civilian casual-
ties; and 
(iv) an assessment of the Government 
of Afghanistan’s efforts to hold local mili-
tias accountable for civilian casualties. 
(3) COUNTERTERRORISM
STRATEGY.—In the 
event that the Taliban does not meet its counterter-
rorism obligations under the February 29 Agree-
ment, the report and briefing required under this 
subsection shall include information detailing the 
United States’ counterterrorism strategy in Afghani-
stan and Pakistan.
1107 
(4) FORM.—The report required under sub-
paragraph (A) of paragraph (1) shall be submitted 
in unclassified form, but may include a classified 
annex, and the briefing required under subpara-
graph (B) of such paragraph shall be conducted at 
the appropriate classification level. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall prejudice whether a future deal involving the 
Taliban in any manner constitutes a treaty for purposes 
of Article II of the Constitution of the United States. 
(e) SUNSET.—Except for subsections (b) and (d), the 
provisions of this section shall cease to be effective on the 
date that is 5 years after the date of the enactment of 
this Act. 
SEC. 1218. REPORT ON CIVILIAN CASUALTIES IN AFGHANI-
STAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, and annually thereafter sub-
ject to subsection (c), the Secretary of Defense and Sec-
retary of State shall submit to the Committee on Armed 
Services and the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Armed 
Services and the Committee on Foreign Relations of the 
Senate a report on civilian casualties caused by the Af-
ghan National Defense and Security Forces and Taliban.
1108 
Such report shall adhere to the existing reporting frame-
work as the ‘‘Enhancing Security and Stability in Afghan-
istan’’ semiannual report. 
(b) CONTENTS.—The report shall include the fol-
lowing: 
(1) A description of the steps the Government 
of Afghanistan is taking to minimize civilian casual-
ties and other harm to civilians and civilian infra-
structure limited to health facilities, schools, and 
non-governmental organizations. 
(2) An assessment of civilian casualties and 
other harm to civilians and civilian infrastructure 
limited to health facilities, schools, and non-govern-
mental organizations caused by the Taliban. 
(3) An assessment of the progress of implemen-
tation of the Government of Afghanistan’s national 
civilian casualty and mitigation policy. 
(4) An assessment of the Government of Af-
ghanistan’s capacity and mechanisms for assessing 
and investigating reports of civilian casualties, to in-
clude a description of the function and effectiveness 
of the Afghan Civilian Casualty Mitigation Team 
and an assessment of the availability of channels for 
civilians to report civilian harm.
1109 
(5) An assessment of the capacity of the Af-
ghan National Defense and Security Forces and the 
Taliban to operate in effective compliance with the 
laws of armed conflict, to include its principles of 
proportion and distinction, and any gaps or weak-
nesses in need of addressing. 
(6) An assessment of the Afghan National De-
fense and Security Forces’ capacity for planning and 
conducting operations in accordance with the laws of 
armed conflict and for employing practices designed 
specifically to limit harm to civilians and civilian in-
frastructure; any plans in place by the United States 
Government to enhance the capacity of the ANDSF 
to minimize harm to civilians in the conduct of its 
operations; and any anticipated changes in support 
and oversight by United States forces that may have 
an effect on said capabilities. 
(7) A description of the Government of Af-
ghanistan’s support for non-state localized and re-
gional militias in Afghanistan, including— 
(A) an assessment of whether the Govern-
ment of Afghanistan has the necessary over-
sight mechanisms in place to effectively restrain 
adverse impacts on stability and hold local mili-
tias accountable; and
1946 
submit to the appropriate congressional committees 
a report regarding the implementation of this section 
and the amendments made by this section, which 
shall— 
(A) review how the Director and agencies 
determined how to aggregate, disaggregate, or 
consolidate program activities to provide the 
most useful information for an inventory of 
Government programs; 
(B) evaluate the extent to which the pro-
gram inventory required under section 1122 of 
title 31, United States Code, as amended by 
this section, provides useful information for 
transparency, decision-making, and oversight; 
(C) evaluate the extent to which the pro-
gram inventory provides a coherent picture of 
the scope of Federal investments in particular 
areas; and 
(D) include the recommendations of the 
Comptroller General, if any, for improving im-
plementation of this section and the amend-
ments made by this section. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN
GENERAL.—Section 1122 of title 31, 
United States Code, is amended—
1971 
through information sharing and analysis orga-
nizations and the national cybersecurity and 
communications integration center established 
in section 2209 of the Homeland Security Act 
of 2002; 
‘‘(B) facilitating the identification of intel-
ligence needs and priorities of critical infra-
structure owners and operators in the sector, in 
coordination with the Director, the Office of Di-
rector of National Intelligence, and other Fed-
eral departments and agencies, as appropriate; 
‘‘(C) providing the Director ongoing, and 
where possible, real-time awareness of identified 
threats, vulnerabilities, mitigations, and other 
actions related to the security of the sector; and 
‘‘(D) supporting the reporting require-
ments of the Department of Homeland Security 
under applicable law by providing, on an annual 
basis, sector-specific critical infrastructure in-
formation; 
‘‘(5) supporting incident management, includ-
ing— 
‘‘(A) supporting, in coordination with the 
Director, incident management and restoration