H. R. 6395—62 
(A) A report on the results of the realistic survivability 
testing of the F–35 aircraft, as described in section 2366(d) 
of title 10, United States Code. 
(B) A report on the results of the initial operational 
test and evaluation conducted for program, as described 
in section 2399(b)(2) of such title. 
(8) A mitigation strategy and implementation plan to 
address each critical deficiency in the F–35 aircraft autonomic 
logistics information system that has been identified as of the 
date of enactment of this Act. 
(9) A certification that the F–35A aircraft meets required 
mission reliability performance using an average sortie duration 
of 2 hours and 30 minutes. 
(10) A certification that the Secretary has developed and 
validated a fully integrated and realistic schedule for the 
development, production and integration of Block 4 Technical 
Refresh 3 capabilities for the F–35 aircraft, that includes a 
strategy for resolving all software technical debt that has 
accumulated within the F–35 operational flight program source 
code during development, production, and integration of Tech-
nical Refresh 1 and Technical Refresh 2 capabilities. 
(11) The following: 
(A) A complete list of hardware modifications that will 
be required to integrate Block 4 capabilities into lot 16 
and lot 17 production F–35 aircraft. 
(B) An estimate of the costs of any engineering changes 
required as a result of such modifications. 
(C) A comparison of those engineering changes and 
costs with the engineering changes and costs for lot 15 
production F–35 aircraft. 
SEC. 160. F–35 AIRCRAFT MUNITIONS. 
Subject to the availability of appropriations, the Secretary of 
the Air Force and the Secretary of the Navy shall, in coordination 
with the Director of the F–35 Joint Program Office, certify for 
use by the Armed Forces under the jurisdiction of such Secretary 
munitions for F–35 aircraft that are qualified on F–35 partner 
aircraft of North Atlantic Treaty Organization (NATO) member 
nations as of the date of the enactment of this Act. 
SEC. 161. REDESIGN STRATEGY FOR THE AUTONOMIC LOGISTICS 
INFORMATION SYSTEM FOR THE F–35 FIGHTER AIRCRAFT. 
(a) IN GENERAL.—Not later than March 1, 2021, the Under 
Secretary of Defense for Acquisition and Sustainment shall, in 
consultation with the Director of the F–35 Aircraft Joint Program 
Office, submit to the congressional defense committees the following: 
(1) A report describing a program-wide process for meas-
uring, collecting, and tracking information on the manner in 
which the F–35 Autonomic Logistics Information System (ALIS) 
is affecting the performance of the F–35 aircraft fleet, including 
its effects on aircraft availability and mission capability and 
effectiveness rates. 
(2) A strategy and implementation plan for the F–35 Oper-
ational Data Integrated Network (ODIN) system that is being 
developed to replace the F–35 Autonomic Logistics Information 
System, including an identification and assessment of goals, 
key risks or uncertainties, system performance metrics, and
H. R. 6395—63 
costs of designing, procuring, and fielding the F–35 Operational 
Data Integrated Network system. 
(b) UPDATES.—In each quarterly briefing required by section 
155 of the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public 115–232; 132 Stat. 1672) for a calendar 
quarter beginning on or after January 1, 2022, the Under Secretary 
and the Director shall include an update containing current 
information on the following: 
(1) The manner in which the F–35 Autonomic Logistics 
Information System is affecting fleet performance of the F– 
35 aircraft fleet. 
(2) The progress being made to develop, procure, and field 
the F–35 Operational Data Integrated Network system. 
SEC. 162. BRIEFINGS ON SOFTWARE REGRESSION TESTING FOR F– 
35 AIRCRAFT. 
During the quarterly briefing required by section 155 of the 
John S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232; 132 Stat. 1672) covering a quarter 
in which mission systems production software for the F–35 aircraft 
was released to units operating such aircraft under the F–35 aircraft 
continuous capability development and delivery program, the Under 
Secretary of Defense for Acquisition and Sustainment shall, in 
consultation with the Director of Operational Test and Evaluation, 
brief the congressional defense committees with the following with 
respect to the missions systems production software for the F– 
35 aircraft: 
(1) An explanation of the types and methods of regression 
testing that were completed for the production release of the 
software concerned to ensure compatibility and proper 
functionality with— 
(A) the fire control radar system of each variant of 
the F–35 aircraft; and 
(B) all weapons certified for carriage and employment 
on each variant of the F–35 aircraft. 
(2) An identification of any entities that conducted regres-
sion testing of such software, including any development facili-
ties of the Federal Government or contractors that conducted 
such testing. 
(3) A list of deficiencies identified during regression testing 
of such software, or by operational units, after fielding of such 
software, and an explanation of— 
(A) any software modifications, including quick-reac-
tion capability, that were completed to resolve or mitigate 
such deficiencies; 
(B) with respect to any deficiencies that were not 
resolved or mitigated, whether the deficiencies will be cor-
rected in later releases of the software; and 
(C) any effects resulting from such deficiencies, 
including— 
(i) any effects on the cost and schedule for delivery 
of the software; and 
(ii) in cases in which the deficiencies resulted in 
additional, unplanned, software releases, any effects 
on the ongoing testing of software capability releases.
H. R. 6395—64 
SEC. 163. PROHIBITION ON USE OF FUNDS FOR THE ARMED 
OVERWATCH PROGRAM. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for the Department of Defense may 
be used to, and the Department may not— 
(1) procure armed overwatch aircraft for the United States 
Special Operations Command in fiscal year 2021; or 
(2) procure armed overwatch aircraft for the Air Force 
in fiscal years 2021 through 2023. 
SEC. 164. ACCELERATION OF DEVELOPMENT AND FIELDING OF 
COUNTER UNMANNED AIRCRAFT SYSTEMS ACROSS THE 
JOINT FORCE. 
(a) IMMEDIATE OBJECTIVE
FOR EXECUTIVE AGENT
FOR C– 
SUAS.—The Executive Agent of the Joint Counter Small Unmanned 
Aircraft Systems (C–sUAS) Office, as designated by the Under 
Secretary of Defense for Acquisition and Sustainment, shall 
prioritize the objective of developing and executing a plan to 
develop, test, and begin production of a counter unmanned aircraft 
system that can be fielded as early as fiscal year 2021 to meet 
immediate operational needs in countering Group 1, 2, and 3 
unmanned aircraft systems and, to the extent practical, has the 
potential to counter other, larger unmanned aircraft systems. 
(b) DEVELOPMENT AND FIELDING OF C–SUAS SYSTEMS IN FISCAL 
YEAR 2021.—In carrying out subsection (a), the Executive Agent 
shall consider the selection of counter unmanned aircraft systems 
with specific emphasis on systems that— 
(1) have undergone successful realistic operational tests 
or assessments, or have been or are currently deployed; 
(2) will meet the operational requirements of deployed 
forces facing current and anticipated unmanned aircraft system 
(UAS) threats, including effectiveness against unmanned air-
craft systems that are not remotely piloted or are not reliant 
on a command link; 
(3) use autonomous and semi-autonomous systems and 
processes; 
(4) are affordable, with low operating and sustainment 
costs; 
(5) build, to the extent practicable, upon systems that were 
selected for fielding in fiscal year 2021; 
(6) reduce or accelerate the timeline for initial operational 
capability and full operational capability of the counter 
unmanned aircraft system prioritized by subsection (a); 
(7) enable the flexible and continuous integration of dif-
ferent types of sensors and mitigation solutions based on the 
different demands of particular military installations and 
deployed forces, physical geographies, and threat profiles; and 
(8) are or include systems or component parts that are 
commercial items, as required by section 3307 of title 41, United 
States Code, including a common command and control system. 
(c) BRIEFING.—Not later than 90 days after the date of the 
enactment of this Act, the Executive Agent shall brief the congres-
sional defense committees on the following: 
(1) The selection process for counter unmanned aircraft 
system capabilities prioritized by this section. 
(2) The plan prioritized by subsection (a). 
(d) OVERSIGHT.—The Executive Agent shall—
H. R. 6395—65 
(1) oversee the execution of all counter unmanned aircraft 
systems being developed by the military departments as of 
the day before the date of the enactment of this Act; and 
(2) ensure that the plan prioritized by subsection (a) guides 
future programmatic and funding decisions for activities 
relating to counter unmanned aircraft systems, including any 
cancellation of such activities. 
SEC. 165. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAIS-
SANCE ACQUISITION ROADMAP FOR THE UNITED STATES 
SPECIAL OPERATIONS COMMAND. 
(a) IN GENERAL.—Not later than December 1, 2021, the Assist-
ant Secretary of Defense for Special Operations and Low-Intensity 
Conflict and the Commander of the United States Special Oper-
ations Command shall jointly submit to the congressional defense 
committees an acquisition roadmap to meet the manned and 
unmanned airborne intelligence, surveillance, and reconnaissance 
requirements of United States Special Operations Forces. 
(b) ELEMENTS.—The roadmap required under subsection (a) 
shall include the following: 
(1) A description of the current platform requirements for 
manned and unmanned airborne intelligence, surveillance, and 
reconnaissance capabilities to support United States Special 
Operations Forces. 
(2) An analysis of the remaining service life of existing 
manned and unmanned airborne intelligence, surveillance, and 
reconnaissance capabilities currently operated by United States 
Special Operations Forces. 
(3) An identification of any current or anticipated gaps 
for special operations-peculiar manned and unmanned airborne 
intelligence, surveillance, and reconnaissance capabilities. 
(4) A description of anticipated manned and unmanned 
intelligence, surveillance, and reconnaissance platform require-
ments of the United States Special Operations Forces, including 
range, payload, endurance, ability to operate in contested 
environments, and other requirements, as appropriate. 
(5) A description of the manner in which the anticipated 
requirements described in paragraph (4) are in alignment with 
the National Defense Strategy and meet the challenge of stra-
tegic competition and nation state intelligence collection 
requirements. 
(6) An explanation of the anticipated mix of manned and 
unmanned aircraft, number of platforms, and associated aircrew 
and maintainers for support of United States Special Oper-
ations Forces. 
(7) An explanation of the extent to which service-provided 
manned and unmanned airborne intelligence, surveillance, and 
reconnaissance capabilities will be required in support of United 
States Special Operations Forces, and the manner in which 
such capabilities will supplement and integrate with the organic 
capabilities possessed by United States Special Operations 
Forces. 
(8) Any other matters the Assistant Secretary and the 
Commander jointly consider appropriate.
H. R. 6395—66 
SEC. 166. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE, 
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT OPER-
ATED BY UNITED STATES SPECIAL OPERATIONS COM-
MAND. 
(a) PROHIBITION.—No funds authorized to be appropriated by 
this Act may be used to divest any manned intelligence, surveil-
lance, and reconnaissance aircraft operated by the United States 
Special Operations Command, and the Department of Defense may 
not divest any manned intelligence, surveillance, and reconnais-
sance aircraft operated by the United States Special Operations 
Command in fiscal year 2021. 
(b) EXCEPTION.—The prohibition in subsection (a) does not apply 
to any divestment of aircraft described in that subsection that 
is ongoing as of the date of the enactment of this Act. 
SEC. 167. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJEC-
TION SEAT AIRCRAFT LOCATOR BEACONS. 
(a) NOTIFICATION.—Not later than 180 days after the date 
of the enactment of this Act, and on a semi-annual basis thereafter 
until the date specified in subsection (b), the Under Secretary 
of Defense for Acquisition and Sustainment shall submit to the 
congressional defense committees a written notification that 
describes, with respect to the period covered by the notification— 
(1) the efforts of the service acquisition executives of the 
Department of the Air Force and the Department of the Navy 
to replace ejection seat aircraft locator beacons that are— 
(A) installed on covered aircraft; and 
(B) inoperable in water or in wet conditions; and 
(2) the funding allocated for such efforts. 
(b) DATE SPECIFIED.—The date specified in this subsection is 
the earlier of— 
(1) the date on which the Under Secretary of Defense 
for Acquisition and Sustainment determines that all ejection 
seat aircraft locator beacons installed on covered aircraft are 
operable in water and wet conditions; or 
(2) the date that is 5 years after the date of the enactment 
of this Act. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered aircraft’’ means aircraft of the Air 
Force, the Navy, and the Marine Corps that are equipped 
with ejection seats. 
(2) The term ‘‘service acquisition executive of the Depart-
ment of the Air Force’’ does not include the Service Acquisition 
Executive of the Department of the Air Force for Space Systems 
and Programs described in section 957 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 
10 U.S.C. 9016 note). 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Modification of requirements relating to certain cooperative research and 
development agreements.
H. R. 6395—67 
Sec. 212. Disclosure requirements for recipients of Department of Defense research 
and development funds. 
Sec. 213. Modification of national security innovation activities and pilot program 
on strengthening the defense industrial and innovation base. 
Sec. 214. Updates to Defense Quantum Information Science and Technology Re-
search and Development program. 
Sec. 215. Establishment of Directed Energy Working Group. 
Sec. 216. Extension of pilot program for the enhancement of the research, develop-
ment, test, and evaluation centers of the Department of Defense. 
Sec. 217. Designation of senior officials for critical technology areas supportive of 
the National Defense Strategy. 
Sec. 218. Executive agent for Autonomy. 
Sec. 219. National security innovation partnerships. 
Sec. 220. Social science, management science, and information science research ac-
tivities. 
Sec. 221. Accountability measures relating to the Advanced Battle Management 
System. 
Sec. 222. Activities to improve fielding of Air Force hypersonic capabilities. 
Sec. 223. Disclosure of funding sources in applications for Federal research and de-
velopment awards. 
Sec. 224. Governance of fifth-generation wireless networking in the Department of 
Defense. 
Sec. 225. Demonstration project on use of certain technologies for fifth-generation 
wireless networking services. 
Sec. 226. Research, development, and deployment of technologies to support water 
sustainment. 
Sec. 227. Limitation on contract awards for certain unmanned vessels. 
Subtitle C—Artificial Intelligence and Emerging Technology 
Sec. 231. Modification of biannual report on the Joint Artificial Intelligence Center. 
Sec. 232. Modification of joint artificial intelligence research, development, and 
transition activities. 
Sec. 233. Board of advisors for the Joint Artificial Intelligence Center. 
Sec. 234. Application of artificial intelligence to the defense reform pillar of the Na-
tional Defense Strategy. 
Sec. 235. Acquisition of ethically and responsibly developed artificial intelligence 
technology. 
Sec. 236. Steering committee on emerging technology. 
Subtitle D—Education and Workforce Development 
Sec. 241. Measuring and incentivizing programming proficiency. 
Sec. 242. Modification of Science, Mathematics, and Research for Transformation 
(SMART) Defense Education Program. 
Sec. 243. Improvements to Technology and National Security Fellowship of Depart-
ment of Defense. 
Sec. 244. Modification of mechanisms for expedited access to technical talent and 
expertise at academic institutions. 
Sec. 245. Encouragement of contractor science, technology, engineering, and mathe-
matics (STEM) programs. 
Sec. 246. Training program for human resources personnel in best practices for 
technical workforce. 
Sec. 247. Pilot program on the use of electronic portfolios to evaluate certain appli-
cants for technical positions. 
Sec. 248. Pilot program on self-directed training in advanced technologies. 
Sec. 249. Part-time and term employment of university faculty and students in the 
Defense science and technology enterprise. 
Sec. 250. National security workforce and educational diversity activities. 
Sec. 251. Coordination of scholarship and employment programs of the Department 
of Defense. 
Sec. 252. Study on mechanisms for attracting and retaining high quality talent in 
the Department of Defense. 
Subtitle E—Sustainable Chemistry 
Sec. 261. National coordinating entity for sustainable chemistry. 
Sec. 262. Strategic plan for sustainable chemistry. 
Sec. 263. Agency activities in support of sustainable chemistry. 
Sec. 264. Partnerships in sustainable chemistry. 
Sec. 265. Prioritization. 
Sec. 266. Rule of construction. 
Sec. 267. Major multi-user research facility project. 
Subtitle F—Plans, Reports, and Other Matters 
Sec. 271. Modification to annual report of the Director of Operational Test and 
Evaluation.
H. R. 6395—68 
Sec. 272. Modification to Test Resource Management Center strategic plan report-
ing cycle and contents. 
Sec. 273. Modification of requirements relating to energetics plan to include assess-
ment of feasibility and advisability of establishing a program office for 
energetics. 
Sec. 274. Element in annual reports on cyber science and technology activities on 
work with academic consortia on high priority cybersecurity research ac-
tivities in Department of Defense capabilities. 
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle 
program. 
Sec. 276. Microelectronics and national security. 
Sec. 277. Independent evaluation of personal protective and diagnostic testing 
equipment. 
Sec. 278. Assessment on United States national security emerging biotechnology ef-
forts and capabilities and comparison with adversaries. 
Sec. 279. Annual reports regarding the SBIR program of the Department of De-
fense. 
Sec. 280. Reports on F–35 physiological episodes and mitigation efforts. 
Sec. 281. Review and report on next generation air dominance capabilities. 
Sec. 282. Plan for operational test and utility evaluation of systems for Low-Cost 
Attributable Aircraft Technology program. 
Sec. 283. Independent comparative analysis of efforts by China and the United 
States to recruit and retain researchers in national security-related and 
defense-related fields. 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2021 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in 
section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN 
COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS. 
Section 2350a of title 10, United States Code, is amended— 
(1) in subsection (b)(2), by striking ‘‘and the Under Sec-
retary’’ and inserting ‘‘or the Under Secretary’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘Each cooperative’’ and inserting ‘‘(1) 
Except as provided in paragraph (2), each cooperative’’; 
and 
(B) by adding at the end the following new paragraphs: 
‘‘(2) A cooperative research and development project may be 
entered into under this section under which costs are shared 
between the participants on an unequal basis if the Secretary 
of Defense, or an official specified in subsection (b)(2) to whom 
the Secretary delegates authority under this paragraph, makes 
a written determination that unequal cost sharing provides strategic 
value to the United States or another participant in the project. 
‘‘(3) For purposes of this subsection, the term ‘cost’ means 
the total value of cash and non-cash contributions.’’.
H. R. 6395—69 
SEC. 212. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPART-
MENT 
OF 
DEFENSE 
RESEARCH 
AND 
DEVELOPMENT 
FUNDS. 
(a) DISCLOSURE REQUIREMENTS.— 
(1) IN GENERAL.—Chapter 139 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 2374b. Disclosure requirements for recipients of research 
and development funds 
‘‘(a) IN GENERAL.—Except as provided in subsections (b) and 
(c), an individual or entity (including a State or local government) 
that uses funds received from the Department of Defense to carry 
out research or development activities shall include, in any public 
document pertaining to such activities, a clear statement indicating 
the dollar amount of the funds received from the Department for 
such activities. 
‘‘(b) EXCEPTION.—The disclosure requirement under subsection 
(a) shall not apply to a public document consisting of fewer than 
280 characters. 
‘‘(c) WAIVER.—The Secretary of Defense may waive the disclo-
sure requirement under subsection (a) on a case-by-case basis. 
‘‘(d) PUBLIC DOCUMENT DEFINED.—In this section, the term 
‘public document’ means any document or other written statement 
made available for public reference or use, regardless of whether 
such document or statement is made available in hard copy or 
electronic format.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2374b. Disclosure requirements for recipients of research and development funds.’’. 
(b) EFFECTIVE DATE
AND APPLICABILITY.—The amendments 
made by subsection (a) shall take effect on October 1, 2021, and 
shall apply with respect to funds for research and development 
that are awarded by the Department of Defense on or after that 
date. 
SEC. 213. MODIFICATION OF NATIONAL SECURITY INNOVATION 
ACTIVITIES AND PILOT PROGRAM ON STRENGTHENING 
THE DEFENSE INDUSTRIAL AND INNOVATION BASE. 
(a) NATIONAL SECURITY INNOVATION ACTIVITIES.—Section 230 
of the John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is 
amended— 
(1) by striking subsection (h); 
(2) by redesignating subsections (e) through (g) as sub-
sections (f) through (h), respectively; 
(3) by inserting after subsection (d) the following new sub-
section: 
‘‘(e) ADVISORY ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Under Secretary shall establish a 
mechanism to seek advice from existing Federal advisory 
committees on matters relating to— 
‘‘(A) the implementation and prioritization of activities 
established under subsection (a); and
H. R. 6395—70 
‘‘(B) determining how such activities may be used to 
support the overall technology strategy of the Department 
of Defense. 
‘‘(2) EXISTING FEDERAL ADVISORY COMMITTEES DEFINED.— 
In this subsection, the term ‘existing Federal advisory com-
mittee’ means an advisory committee that— 
‘‘(A) is established pursuant to a provision of Federal 
law other than this section; and 
‘‘(B) has responsibilities relevant to the activities estab-
lished under subsection (a), as determined by the Under 
Secretary.’’; and 
(4) in paragraph (1) of subsection (g) (as so redesignated) 
by striking ‘‘strengthening manufacturing in the defense indus-
trial base’’ and inserting ‘‘strengthening the defense industrial 
and innovation base’’. 
(b) PLAN.—Not later than April 1, 2021, the Under Secretary 
of Defense for Research and Engineering shall submit to the 
congressional defense committees a plan that describes— 
(1) the mechanism the Under Secretary will use to seek 
advice from existing Federal advisory committees as required 
under section 230(e) of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 
10 U.S.C. 2358 note) (as added by subsection (a) of this section); 
and 
(2) the expected roles and responsibilities of such commit-
tees with respect to advising the Under Secretary on the activi-
ties established under section 230 of such Act. 
(c) PILOT PROGRAM ON DEFENSE INDUSTRIAL AND INNOVATION 
BASE.—Section 1711 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2505 note) 
is amended— 
(1) in the section heading, by striking ‘‘MANUFACTURING 
IN
THE
DEFENSE
INDUSTRIAL
BASE’’ and inserting ‘‘THE 
DEFENSE INDUSTRIAL AND INNOVATION BASE’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1), by inserting 
‘‘and the defense innovation base’’ after ‘‘industrial base’’; 
(B) in paragraph (1), by inserting ‘‘development, proto-
typing, and manufacturing’’ before ‘‘production’’; and 
(C) in paragraph (2), by striking ‘‘manufacturing and 
production’’ and inserting ‘‘development, prototyping, and 
manufacturing’’; 
(3) in subsection (b)— 
(A) by redesignating paragraph (2) as paragraph (3); 
and 
(B) by inserting after paragraph (1) the following new 
paragraph: 
‘‘(2) Section 230 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 
10 U.S.C. 2358 note).’’; 
(4) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘manufacturing and 
production’’ and inserting ‘‘development, prototyping, and 
manufacturing’’; 
(B) in paragraph (3), by striking ‘‘manufacturing and 
production’’;
H. R. 6395—71 
(C) in paragraph (4), by striking ‘‘manufacturers’’ and 
inserting ‘‘companies’’; and 
(D) in paragraph (5), by striking ‘‘manufacturers’’ and 
inserting ‘‘companies’’; 
(5) in subsection (d), by striking ‘‘the date that is four 
years after the date of the enactment of this Act’’ and inserting 
‘‘December 31, 2026’’; and 
(6) in subsection (e), by striking ‘‘January 31, 2022’’ and 
inserting ‘‘January 31, 2027’’. 
SEC. 214. UPDATES TO DEFENSE QUANTUM INFORMATION SCIENCE 
AND TECHNOLOGY RESEARCH AND DEVELOPMENT PRO-
GRAM. 
Section 234 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal year 2019 (Public Law 115–232; 10 U.S.C. 2358 
note) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) USE
OF QUANTUM COMPUTING CAPABILITIES.—The Sec-
retary of each military department shall— 
‘‘(1) develop and annually update a list of technical prob-
lems and research challenges which are likely to be addressable 
by quantum computers available for use within in the next 
one to three years, with a priority for technical problems and 
challenges where quantum computing systems have perform-
ance advantages over traditional computing systems, in order 
to enhance the capabilities of such quantum computers and 
support the addressing of relevant technical problems and 
research challenges; and 
‘‘(2) establish programs and enter into agreements with 
appropriate medium and small businesses with functional 
quantum computing capabilities to provide such private sector 
capabilities to government, industry, and academic researchers 
working on relevant technical problems and research activi-
ties.’’. 
SEC. 215. ESTABLISHMENT OF DIRECTED ENERGY WORKING GROUP. 
Section 219 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as paragraph (4); 
and 
(2) by adding at the end the following new subsection: 
‘‘(d) DIRECTED ENERGY WORKING GROUP.— 
‘‘(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of the National Defense Authorization Act 
for fiscal year 2021, the Secretary of Defense shall establish 
a working group to be known as the ‘Directed Energy Working 
Group’. 
‘‘(2) RESPONSIBILITIES.—The Directed Energy Working 
Group shall— 
‘‘(A) analyze and evaluate the current and planned 
directed energy programs of each of the military depart-
ments; 
‘‘(B) make recommendations to the Secretary of 
Defense—
H. R. 6395—72 
‘‘(i) describing how memoranda of understanding 
may be used to coordinate the directed energy activities 
conducted by the Department of Defense using 
amounts authorized to be appropriated for research, 
development, test, and evaluation; and 
‘‘(ii) proposing the establishment of specific memo-
randa of understanding between individual organiza-
tions and elements of the Department of Defense to 
facilitate such coordination; 
‘‘(C) identify methods of quickly fielding directed energy 
capabilities and programs; and 
‘‘(D) develop a compendium on the effectiveness of 
directed energy weapon systems and integrate the compen-
dium into an overall Joint Effectiveness Manual under 
the guidance from the Joint Technical Coordination Group 
for Munitions Effectiveness. 
‘‘(3) HEAD OF WORKING GROUP.—The head of the Directed 
Energy Working Group shall be the Under Secretary of Defense 
for Research and Engineering or the designee of the Under 
Secretary. 
‘‘(4) MEMBERSHIP.—The members of the Directed Energy 
Working Group shall be appointed as follows: 
‘‘(A) One member from each military department, 
appointed by the Secretary of the military department con-
cerned. 
‘‘(B) One member appointed by the Under Secretary 
of Defense for Research and Engineering. 
‘‘(C) One member appointed by the Under Secretary 
of Defense for Acquisition and Sustainment. 
‘‘(D) One member appointed by the Director of the 
Strategic Capabilities Office of the Department of Defense. 
‘‘(E) One member appointed by the Director of the 
Defense Advanced Research Projects Agency. 
‘‘(F) One member appointed by the Director of Oper-
ational Test and Evaluation. 
‘‘(G) One member appointed by the Director of the 
Missile Defense Agency. 
‘‘(H) Such other members as may be appointed by 
the Secretary of Defense from among individuals serving 
in the Department of Defense. 
‘‘(5) 
DEADLINE
FOR
APPOINTMENT.—Members 
of 
the 
Directed Energy Working Group shall be appointed not later 
than 30 days after the date of the establishment of the working 
group under paragraph (1). 
‘‘(6) BRIEFINGS
TO
CONGRESS.—Not later than 180 days 
after the date of the enactment of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021, and not less frequently than once every 180 days there-
after, the Directed Energy Working Group shall provide to 
the congressional defense committees a briefing on the progress 
of each directed energy program that is being adopted or fielded 
by the Department of Defense. 
‘‘(7) TERMINATION.—The Directed Energy Working Group 
established under this subsection shall terminate 4 years after 
the date of the enactment of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021.’’.
H. R. 6395—73 
SEC. 216. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT 
OF THE RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION CENTERS OF THE DEPARTMENT OF DEFENSE. 
(a) IN
GENERAL.—Section 233 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 
U.S.C. 2358 note) is amended— 
(1) in subsection (e), by striking ‘‘2022’’ and inserting 
‘‘2027’’; and 
(2) in subsection (f)— 
(A) by amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—Not later than one year after the date 
of the enactment of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the status of the pilot program.’’; and 
(B) in paragraph (2), by adding at the end the following 
new subparagraph: 
‘‘(F) With respect to any military department not 
participating in the pilot program, an explanation for such 
nonparticipation, including identification of— 
‘‘(i) any issues that may be preventing such partici-
pation; and 
‘‘(ii) any offices or other elements of the Depart-
ment of Defense that may be responsible for the delay 
in participation.’’. 
(b) TECHNICAL AMENDMENT.—Effective as of December 23, 
2016, and as if included therein as enacted, section 233(c)(2)(C)(ii) 
of the National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking 
‘‘Assistant Secretary of the Army for Acquisition, Technology, and 
Logistics’’ and inserting ‘‘Assistant Secretary of the Army for 
Acquisition, Logistics, and Technology’’. 
(c) EXTENSION OF PILOT PROGRAM TO IMPROVE INCENTIVES FOR 
TECHNOLOGY TRANSFER FROM DEPARTMENT OF DEFENSE LABORA-
TORIES.—Subsection (e) of section 233 of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 
U.S.C. 2514 note) is amended to read as follows: 
‘‘(e) SUNSET.—The pilot program under this section shall termi-
nate on September 30, 2025.’’. 
SEC. 217. DESIGNATION OF SENIOR OFFICIALS FOR CRITICAL TECH-
NOLOGY AREAS SUPPORTIVE OF THE NATIONAL DEFENSE 
STRATEGY. 
(a) DESIGNATION OF SENIOR OFFICIALS.—The Under Secretary 
of Defense for Research and Engineering shall— 
(1) identify technology areas that the Under Secretary con-
siders critical for the support of the National Defense Strategy; 
and 
(2) for each such technology area, designate a senior official 
of the Department of Defense to coordinate research and 
engineering activities in that area. 
(b) DUTIES.—The duties of each senior official designated under 
subsection (a) shall include, with respect to the technology area 
overseen by such official— 
(1) developing and continuously updating research and 
technology development roadmaps, funding strategies, and tech-
nology transition strategies to ensure—
H. R. 6395—74 
(A) the effective and efficient development of new 
capabilities in the area; and 
(B) the operational use of appropriate technologies; 
(2) conducting annual assessments of workforce, infrastruc-
ture, and industrial base capabilities and capacity to support— 
(A) the roadmaps developed under paragraph (1); and 
(B) the goals of the National Defense Strategy; 
(3) reviewing the relevant research and engineering 
budgets of appropriate organizations within the Department 
of Defense, including the Armed Forces, and advising the Under 
Secretary on— 
(A) the consistency of the budgets with the roadmaps 
developed under paragraph (1); 
(B) any technical and programmatic risks to the 
achievement of the research and technology development 
goals of the National Defense Strategy; 
(C) programs, projects, and activities that dem-
onstrate— 
(i) unwanted or inefficient duplication, including 
duplication with activities of other government agen-
cies and the commercial sector; 
(ii) lack of appropriate coordination with other 
organizations; or 
(iii) inappropriate alignment with organizational 
missions and capabilities; 
(4) coordinating the research and engineering activities 
of the Department with appropriate international, interagency, 
and private sector organizations; and 
(5) tasking appropriate intelligence agencies of the Depart-
ment to develop a direct comparison between the capabilities 
of the United States in the technology area concerned and 
the capabilities of adversaries of the United States in that 
area. 
(c) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than December 1, 2021, and 
not later than December 1 of each year thereafter through 
December 1, 2025, the Under Secretary shall submit to the 
congressional defense committees a report on research and 
engineering activities and on the status of the technology areas 
identified under subsection (a)(1), including a description of 
any programs, projects, or activities in such areas, that have, 
in the year preceding the date of the report— 
(A) achieved significant technical progress; 
(B) transitioned from the research and development 
phase to formal acquisition programs; 
(C) transitioned from the research and development 
phase into operational use; or 
(D) been transferred from the Department of Defense 
to private sector organizations for further commercial 
development or commercial sales. 
(2) FORM.—Each report under paragraph (1) shall sub-
mitted in unclassified form that can be made available to 
the public, but may include a classified annex. 
(d) COORDINATION
OF RESEARCH
AND ENGINEERING ACTIVI-
TIES.—The Service Acquisition Executive for each military depart-
ment and the Director of the Defense Advanced Research Projects 
Agency shall each identify senior officials to ensure coordination
H. R. 6395—75 
of appropriate research and engineering activities with each of 
the senior officials designated under subsection (a). 
(e) CONFORMING
AMENDMENTS.—Section 218 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 10 U.S.C. 2358 note) is amended— 
(1) in subsection (a) by striking the second sentence and 
inserting ‘‘The Office shall carry out the program and activities 
described in subsections (b) and (c) and shall have such other 
responsibilities relating to hypersonics as the Secretary shall 
specify’’; 
(2) by striking subsections (b), (e) and (f); 
(3) by redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively; 
(4) in subsection (b)(1), as so redesignated, by striking 
‘‘provide the Office with’’ and all that follows through the period 
at the end and inserting ‘‘provide the Office with foundational 
and applied hypersonic research, development, and workforce 
support in areas that the Office determines to be relevant 
for the Department of Defense.’’; 
(5) in subsection (c), as so redesignated— 
(A) in the matter preceding paragraph (1), by striking 
‘‘In carrying out the program required by subsection (b), 
the Office’’ and inserting ‘‘The Office’’; 
(B) by amending paragraph (1) to read as follows: 
‘‘(1) Expedite testing, evaluation, and acquisition of 
hypersonic technologies to meet the stated needs of the 
warfighter, including flight testing, ground-based-testing, and 
underwater launch testing.’’; 
(C) by striking paragraphs (2) and (3); 
(D) by redesignating paragraphs (4), (5), (6), and (7) 
as paragraphs (2), (3), (4), and (6), respectively; 
(E) by amending paragraph (2), as so redesignated, 
to read as follows: 
‘‘(2) Ensure prototyping demonstration programs on 
hypersonic systems integrate advanced technologies to speed 
the maturation and deployment of future hypersonic systems.’’; 
(F) by amending paragraph (3), as so redesignated, 
to read as follows: 
‘‘(3) Ensure that any demonstration program on hypersonic 
systems is carried out only if determined to be consistent with 
the roadmap for the relevant critical technology area supportive 
of the National Defense Strategy, as developed by the senior 
official with responsibility for such area under section 217 
of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021.’’; 
(G) by amending paragraph (4), as so redesignated, 
to read as follows: 
‘‘(4) Develop strategies and roadmaps for hypersonic tech-
nologies to enable the transition of such technologies to future 
operational capabilities for the warfighter.’’; 
(H) by inserting after paragraph (4), as so redesignated, 
the following: 
‘‘(5) Develop and implement a strategy for enhancing the 
current and future hypersonics workforce.’’; and 
(I) by amending paragraph (6), as so redesignated, 
to read as follows:
H. R. 6395—76 
‘‘(6) Coordinate with relevant stakeholders and agencies 
to support the technological advantage of the United States 
in developing hypersonic systems.’’. 
SEC. 218. EXECUTIVE AGENT FOR AUTONOMY. 
(a) IN GENERAL.—Not later than February 1, 2022, the Sec-
retary of the Navy shall designate an existing program executive 
officer from within the Department of the Navy to serve as the 
acquisition executive agent for autonomy who shall be the official 
within the Department with primary responsibility for the acquisi-
tion of autonomous technology. The officer designated as acquisition 
executive agent for autonomy shall carry out the responsibilities 
of such position in addition to the responsibilities otherwise assigned 
to such officer as a program executive officer. 
(b) PROGRAM EXECUTIVE OFFICER DEFINED.—In this section, 
the term ‘‘program executive officer’’ has the meaning given that 
term in section 1737(a)(4) of title 10, United States Code. 
SEC. 219. NATIONAL SECURITY INNOVATION PARTNERSHIPS. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
an activity— 
(1) to support partnerships between the Department of 
Defense and academic institutions, private sector firms in 
defense and commercial sectors, commercial accelerators and 
incubators, commercial innovation hubs, public sector organiza-
tions, and nonprofit entities with missions relating to national 
security innovation; 
(2) to expand the national security innovation base, 
including through engagement with academia, defense industry, 
commercial industry, government organizations, and the ven-
ture capital community; 
(3) to accelerate the transition of technologies and services 
into acquisition programs and operational use; 
(4) to work in coordination with the Under Secretary of 
Defense for Personnel and Readiness, other organizations 
within the Office of the Secretary, and the Armed Forces to 
create new pathways and models of national security service 
that facilitate employment within the Department; 
(5) to facilitate engagement with entities described in para-
graph (1) for the purpose of developing solutions to national 
security and defense problems articulated by entities within 
the Department, including through programs such as the 
Hacking for Defense program; 
(6) to establish physical locations throughout the United 
States to support partnerships with academic, government, and 
private sector industry partners; and 
(7) to enhance the capabilities of the Department in market 
research, industrial and technology base awareness, source 
selection, partnerships with private sector capital, and access 
to commercial technologies. 
(b) AUTHORITIES.—In addition to the authorities provided under 
this section, in carrying out this section, the Secretary of Defense 
may use the following authorities: 
(1) Section 1599g of title 10, United States Code, relating 
to public-private talent exchanges. 
(2) Section 2368 of title 10, United States Code, relating 
to Centers for Science, Technology, and Engineering Partner-
ships.
H. R. 6395—77 
(3) Section 2374a of title 10, United States Code, relating 
to prizes for advanced technology achievements. 
(4) Section 2474 of title 10, United States Code, relating 
to Centers of Industrial and Technical Excellence. 
(5) Section 2521 of title 10, United States Code, relating 
to the Manufacturing Technology Program. 
(6) Subchapter VI of chapter 33 of title 5, United States 
Code, relating to assignments to and from States. 
(7) Chapter 47 of title 5, United States Code, relating 
to personnel research programs and demonstration projects. 
(8) Section 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 
31, United States Code, relating to cooperative research and 
development agreements. 
(9) Such other authorities as the Secretary considers appro-
priate. 
(c) IMPLEMENTATION.— 
(1) SUPPORT
FROM
OTHER
DEPARTMENT
OF
DEFENSE 
ORGANIZATIONS.—The Secretary of Defense may direct other 
organizations and elements of the Department of Defense to 
provide personnel, resources, and other support to the activity 
established under this section, as the Secretary determines 
appropriate. 
(2) IMPLEMENTATION PLAN.— 
(A) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a 
plan for implementing the activity established under this 
section. 
(B) ELEMENTS.—The plan required under subpara-
graph (A) shall include the following: 
(i) Plans that describe any support that will be 
provided for the activity by other organizations and 
elements of the Department of Defense under para-
graph (1). 
(ii) Plans for the implementation of the activity, 
including plans for— 
(I) future funding and administrative support 
of the activity; 
(II) integration of the activity into the 
programming, planning, budgeting, and execution 
process of the Department of Defense; 
(III) integration of the activity with the other 
programs and initiatives within the Department 
that have missions relating to innovation and out-
reach to the academic and the private sector ; 
and 
(IV) performance indicators by which the 
activity will be assessed and evaluated. 
(iii) A description of any additional authorities the 
Secretary may require to effectively carry out the 
responsibilities under this section. 
SEC. 220. SOCIAL SCIENCE, MANAGEMENT SCIENCE, AND INFORMA-
TION SCIENCE RESEARCH ACTIVITIES. 
(a) ESTABLISHMENT.—The Secretary of Defense, acting through 
the Under Secretary of Defense for Research and Engineering,
H. R. 6395—78 
shall carry out a program of research and development in social 
science, management science, and information science. 
(b) PURPOSES.—The purposes of the program under subsection 
(a) are as follows: 
(1) To ensure that the Department of Defense has access 
to innovation and expertise in social science, management 
science, and information science to enable the Department to 
improve the effectiveness, efficiency, and agility of the Depart-
ment’s operational and management activities. 
(2) To develop and manage a portfolio of research initiatives 
in fundamental and applied social science, management science, 
and information science that is stable, consistent, and balanced 
across relevant disciplines. 
(3) To enhance cooperation and collaboration on research 
and development in the fields of social science, management 
science, and information science between the Department of 
Defense and appropriate private sector and international enti-
ties that are involved in research and development in such 
fields. 
(4) To accelerate the development of a research community 
and industry to support Department of Defense missions in 
the fields of social science, management science, and informa-
tion science, including the development of facilities, a workforce, 
infrastructure, and partnerships in support of such missions. 
(5) To coordinate all research and development within the 
Department of Defense in the fields of social science, manage-
ment science, and information science. 
(6) To collect, synthesize, and disseminate critical informa-
tion on research and development in the fields of social science, 
management science, and information science. 
(7) To assess and appropriately share, with other depart-
ments and agencies of the Federal Government and appropriate 
entities in the private sector— 
(A) challenges within the Department of Defense that 
may be addressed through the application of advances in 
social science, management science, and information 
science; and 
(B) datasets related to such challenges. 
(8) To support the identification of organizational and 
institutional barriers to the implementation of management 
and organizational enhancements and best practices. 
(9) To accelerate efforts— 
(A) to transition, and deploy within the Department 
of Defense, technologies and concepts derived from research 
and development in the fields of social science, management 
science, and information science; and 
(B) to establish policies, procedures, and standards 
for measuring the success of such efforts. 
(10) 
To 
integrate 
knowledge 
from 
cross-disciplinary 
research on— 
(A) how factors relating to social science, management 
science, and information science affect the global security 
environment; and 
(B) best practices for management in the public and 
private sectors. 
(11) To apply principles, tools, and methods from social 
science, management science, and information science—
H. R. 6395—79 
(A) to ensure the Department of Defense is more agile, 
efficient, and effective in organizational management and 
in deterring and countering current and emerging threats; 
and 
(B) to support the National Defense Strategy. 
(c) ADMINISTRATION.—The Under Secretary of Defense for 
Research and Engineering shall supervise the planning, manage-
ment, and coordination of the program under subsection (a). 
(d) ACTIVITIES.—The Under Secretary of Defense for Research 
and Engineering, in consultation with the Under Secretary of 
Defense for Policy, the Secretaries of the military departments, 
and the heads of relevant Defense Agencies, shall— 
(1) prescribe a set of long-term challenges and a set of 
specific technical goals for the program, including— 
(A) optimization of analysis of national security data 
sets; 
(B) development of innovative defense-related manage-
ment activities; 
(C) improving the operational use of social science, 
management science, and information science innovations 
by military commanders and civilian leaders; 
(D) improving understanding of the fundamental social, 
cultural, and behavioral forces that shape the strategic 
interests of the United States; and 
(E) developing a Department of Defense workforce 
capable of developing and leveraging innovations and best 
practices in the fields of social science, management 
science, and information science to support defense mis-
sions; 
(2) develop a coordinated and integrated research and 
investment plan for meeting near-term, mid-term, and long- 
term national security, defense-related, and Departmental 
management challenges that— 
(A) includes definitive milestones; 
(B) provides for achieving specific technical goals; 
(C) establishes pathways to address the operational 
and management missions of the Department through— 
(i) the evaluation of innovations and advances in 
social science, management science, and information 
science for potential implementation within the Depart-
ment; and 
(ii) implementation of such innovations and 
advances within the Department, as appropriate; and 
(C) builds upon the investments of the Department, 
other departments and agencies of the Federal Govern-
ment, and the commercial sector in the fields of social 
science, management science, and information science; 
(3) develop plans for— 
(A) the development of the Department’s workforce 
in social science, management science, and information 
science; and 
(B) improving awareness of— 
(i) the fields of social science, management science, 
and information science; 
(ii) advances and innovations in such fields; and
H. R. 6395—80 
(iii) and the ability of such advances and innova-
tions to enhance the efficiency and effectiveness of 
the Department; and 
(4) develop memoranda of agreement, joint funding agree-
ments, and such other cooperative arrangements as the Under 
Secretary determines necessary— 
(A) to carry out the program under subsection (a); 
and 
(B) to transition appropriate products, services, and 
innovations relating social science, management science, 
and information science into use within the Department. 
(e) GUIDANCE REQUIRED.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Under Secretary of Defense 
for Research and Engineering shall develop and issue guidance 
for defense-related social science, management science, and 
information science activities, including— 
(A) classification and data management plans for such 
activities; 
(B) policies for control of personnel participating in 
such activities to protect national security interests; and 
(C) ensuring that research findings and innovations 
in the fields of social science, management science, and 
information science are incorporated into the activities and 
strategic documents of the Department. 
(2) UPDATES.—The Under Secretary of Defense for Research 
and Engineering shall regularly update the guidance issued 
under paragraph (1). 
(f) DESIGNATION OF ENTITY.—The Secretary of each military 
department may establish or designate an entity or activity under 
the jurisdiction of such Secretary, which may include a Department 
of Defense Laboratory, an academic institution, or another appro-
priate organization, to support interdisciplinary research and 
development activities in the fields of social science, management 
science, and information science, and engage with appropriate 
public and private sector organizations, including academic institu-
tions, to enhance and accelerate the research, development, and 
deployment of social science, management science, and information 
science within the Department. 
(g) USE OF OTHER AUTHORITY.—The Secretary of Defense shall 
use the authority provided under section 217 of the National 
Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 
91; 10 U.S.C. 2358 note) to enhance the ability of the Department 
of Defense to access technical talent and expertise at academic 
institutions in support of the purposes of this section. 
(h) REPORT.— 
(1) IN GENERAL.—Not later than December 31, 2022, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the program under subsection (a). 
(2) FORM OF REPORT.—The report required under paragraph 
(1) shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 221. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED 
BATTLE MANAGEMENT SYSTEM. 
(a) COST ASSESSMENTS.—
H. R. 6395—81 
(1) INITIAL COST ESTIMATE.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of the 
Air Force, in consultation with the Director of Cost Assessment 
and Program Evaluation, shall— 
(A) define key technical, programmatic, and operational 
characteristics for the Advanced Battle Management 
System; and 
(B) produce an initial cost estimate for the System 
that includes— 
(i) estimated costs for each product category 
described in the report submitted to Congress under 
section 236 the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 
1281); and 
(ii) a description of each cost estimating method-
ology used in the preparation of the estimate. 
(2) REVIEW AND REPORT.—Not later than 120 days after 
the completion of the estimate required under paragraph (1), 
the Air Force Cost Analysis Agency shall— 
(A) conduct a non-advocate cost assessment of the esti-
mate; and 
(B) submit to the congressional defense committees 
and the Government Accountability Office a report on the 
results of the assessment. 
(b) PROGRAM UPDATE BRIEFINGS.— 
(1) IN GENERAL.—Beginning not later than January 1, 2021, 
and on a quarterly basis thereafter, the Secretary of the Air 
Force shall provide to the congressional defense committees 
a program update briefing on the Advanced Battle Management 
System and all associated technologies. 
(2) ELEMENTS.—Each briefing under paragraph (1) shall 
include— 
(A) a detailed explanation of any on-ramp exercise 
of the Advanced Battle Management System conducted 
during the quarter covered by the report, including an 
explanation of— 
(i) the objectives achieved by the exercise and any 
data collected for the purposes of decision making; 
(ii) identification of the portions of the exercise 
that were scripted and unscripted and any technical 
workarounds or substitutes used for purposes of the 
exercise; and 
(iii) the interim capabilities provided to combatant 
commanders after the conclusion of the exercise (com-
monly known as ‘‘leave behind’’ capabilities) and a 
plan for the sustainment or upgrade of such capabili-
ties; and 
(iv) the total cost of the exercise and a breakdown 
of the costs with respect to technology, range and dem-
onstration resources, personnel, and logistics; and 
(B) such other information as the Secretary of the 
Air Force determines appropriate. 
(c) REPORT ON SECURITY AND RESILIENCY MEASURES.—At the 
same time as the budget of the President for fiscal year 2022 
is submitted to Congress pursuant to section 1105(a) of title 31, 
United States Code, the Secretary of the Air Force shall submit 
to the congressional defense committees a report that describes
H. R. 6395—82 
how the Secretary plans to ensure the security and resiliency of 
the Advanced Battle Management System, including a description 
of any information assurance and anti-tamper requirements for 
the System. 
(d) ADDITIONAL REPORT AND BRIEFINGS.—Not later than April 
1, 2021, the Secretary of the Air Force shall submit to the congres-
sional defense committees the following: 
(1) REPORT ON PLANNED CAPABILITIES.—A report on the 
planned product line capabilities of the Advanced Battle 
Management System, including— 
(A) a description of the technologies needed to imple-
ment and achieve such product line capabilities; 
(B) a timeline for the technical maturation of such 
product line capabilities; and 
(C) a notional schedule for fielding such product line 
capabilities over the period covered by the most recent 
future-years defense program submitted under section 221 
of title 10, United States Code, as of the date of the report. 
(2) BRIEFING ON ACQUISITION AUTHORITIES.—A briefing on 
the allocation of responsibilities among the individuals and 
entities responsible for acquisition for the Advanced Battle 
Management System, including an explanation of how decision- 
making and governance of the acquisition process is allocated 
among the Assistant Secretary of the Air Force for Acquisition, 
Technology, and Logistics, the Chief Architect Integration 
Office, the Air Force Warfighting Integration Capability, and 
other entities within the Department of the Air Force that 
are expected provide capabilities for the System. 
(3) BRIEFING ON ALIGNMENT WITH COMMON MISSION CON-
TROL CENTER.—A briefing, which may be provided in classified 
or unclassified form, that explains how, and to what extent, 
the Advanced Battle Management System will be aligned and 
coordinated with the Common Mission Control Center of the 
Air Force. 
(e) ADVANCED BATTLE MANAGEMENT SYSTEM DEFINED.—In this 
section, the term ‘‘Advanced Battle Management System’’ has the 
meaning given that term in section 236(c) of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 
Stat. 1281). 
(f) CONFORMING REPEAL.—Section 147(g) of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019 (Public 
Law 115–232; 132 Stat. 1670) is repealed. 
SEC. 
222. 
ACTIVITIES 
TO 
IMPROVE 
FIELDING 
OF 
AIR 
FORCE 
HYPERSONIC CAPABILITIES. 
(a) IMPROVEMENT
OF GROUND-BASED TEST FACILITIES.—The 
Secretary of Defense shall take such actions as may be necessary 
to improve ground-based test facilities used for the research, 
development, test, and evaluation of hypersonic capabilities. 
(b) INCREASING FLIGHT TEST RATE.—The Secretary of Defense 
shall increase the rate at which hypersonic capabilities are flight 
tested to expedite the maturation and fielding of such capabilities. 
(c) STRATEGY AND PLAN.—Not later than 60 days after the 
date of the enactment of this Act, the Chief of Staff of the Air 
Force, in consultation with the Under Secretary of Defense for 
Research and Engineering, shall submit to the congressional defense 
committees a strategy and plan for fielding air-launched and air-
H. R. 6395—83 
breathing hypersonic weapons capabilities within the period of three 
years following such date of enactment. 
(d) REPORT.—In addition to the strategy and plan required 
under subsection (c), not later than 60 days after the date of 
the enactment of this Act, the Under Secretary of Defense for 
Research and Engineering, in consultation with the Director of 
Operational Test and Evaluation, shall submit to the congressional 
defense committees a report on the testing capabilities and infra-
structure used for hypersonic weapons development. The report 
shall include— 
(1) an assessment of the sufficiency of the testing capabili-
ties and infrastructure used for fielding hypersonic weapons; 
and 
(2) a description of any investments in testing capabilities 
and infrastructure that may be required to support in-flight 
and ground-based testing for such weapons. 
SEC. 223. DISCLOSURE OF FUNDING SOURCES IN APPLICATIONS FOR 
FEDERAL RESEARCH AND DEVELOPMENT AWARDS. 
(a) DISCLOSURE REQUIREMENT.—Each Federal research agency 
shall require, as part of any application for a research and develop-
ment award from such agency— 
(1) that each covered individual listed on the application— 
(A) disclose the amount, type, and source of all current 
and pending research support received by, or expected to 
be received by, the individual as of the time of the disclo-
sure; 
(B) certify that the disclosure is current, accurate, and 
complete; and 
(C) agree to update such disclosure at the request 
of the agency prior to the award of support and at any 
subsequent time the agency determines appropriate during 
the term of the award; and 
(2) that any entity applying for such award certify that 
each covered individual who is employed by the entity and 
listed on the application has been made aware of the require-
ments under paragraph (1). 
(b) CONSISTENCY.—The Director of the Office of Science and 
Technology Policy, acting through the National Science and Tech-
nology Council and in accordance with the authority provided under 
section 1746(a) of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) shall ensure 
that the requirements issued by Federal research agencies under 
subsection (a) are consistent. 
(c) ENFORCEMENT.— 
(1) REJECTION FOR VIOLATION OF LAW OR AGENCY TERMS.— 
A Federal research agency may reject an application for a 
research and development award if the current and pending 
research support disclosed by an individual under subsection 
(a) violates Federal law or agency terms and conditions. 
(2) ENFORCEMENT FOR NONCOMPLIANCE.—Subject to para-
graph (3), in the event that a covered individual listed on 
an entity’s application for a research and development award 
knowingly fails to disclose information under subsection (a), 
a Federal research agency may take one or more of the following 
actions: 
(A) Reject the application.
H. R. 6395—84 
(B) Suspend or terminate a research and development 
award made by that agency to the individual or entity. 
(C) Temporarily or permanently discontinue any or 
all funding from that agency for the individual or entity. 
(D) Temporarily or permanently suspend or debar the 
individual or entity in accordance with part 180 of title 
2, Code of Federal Regulations, any successor regulation, 
or any other appropriate law or regulation, from receiving 
government funding. 
(E) Refer the failure to disclose under subsection (a) 
to the Inspector General of the agency concerned for further 
investigation or to Federal law enforcement authorities 
to determine whether any criminal or civil laws were vio-
lated. 
(F) Place the individual or entity in the Federal 
Awardee Performance and Integrity Information System 
for noncompliance to alert other agencies. 
(G) Take such other actions against the individual 
or entity as are authorized under applicable law or regula-
tions. 
(3) SPECIAL RULE FOR ENFORCEMENT AGAINST ENTITIES.— 
An enforcement action described in paragraph (2) may be taken 
against an entity only in a case in which— 
(A) the entity did not meet the requirements of sub-
section (a)(2); 
(B) the entity knew that a covered individual failed 
to disclose information under subsection (a)(1) and the 
entity did not take steps to remedy such nondisclosure 
before the application was submitted; or 
(C) the head of the Federal research agency concerned 
determines that— 
(i) the entity is owned, controlled, or substantially 
influenced by a covered individual; and 
(ii) such individual knowingly failed to disclose 
information under subsection (a)(1). 
(4) NOTICE.—A Federal research agency that intends to 
take action under paragraph (1) or (2) shall, as practicable 
and in accordance with part 180 of title 2, Code of Federal 
Regulations, any successor regulation, or any other appropriate 
law or regulation, notify each individual or entity subject to 
such action about the specific reason for the action, and shall 
provide such individuals and entities with the opportunity to, 
and a process by which, to contest the proposed action. 
(5) EVIDENTIARY STANDARDS.—A Federal research agency 
seeking suspension or debarment under paragraph (2)(D) shall 
abide by the procedures and evidentiary standards set forth 
in part 180 of title 2, Code of Federal Regulations, any successor 
regulation, or any other appropriate law or regulation. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered individual’’ means an individual 
who— 
(A) contributes in a substantive, meaningful way to 
the scientific development or execution of a research and 
development project proposed to be carried out with a 
research and development award from a Federal research 
agency; and
H. R. 6395—85 
(B) is designated as a covered individual by the Federal 
research agency concerned. 
(2) The term ‘‘current and pending research support’’— 
(A) means all resources made available, or expected 
to be made available, to an individual in support of the 
individual’s research and development efforts, regardless 
of— 
(i) whether the source of the resource is foreign 
or domestic; 
(ii) whether the resource is made available through 
the entity applying for a research and development 
award or directly to the individual; or 
(iii) whether the resource has monetary value; and 
(B) includes in-kind contributions requiring a commit-
ment of time and directly supporting the individual’s 
research and development efforts, such as the provision 
of 
office 
or 
laboratory 
space, 
equipment, 
supplies, 
employees, or students. 
(3) The term ‘‘entity’’ means an entity that has applied 
for or received a research and development award from a Fed-
eral research agency. 
(4) The term ‘‘Federal research agency’’ means any Federal 
agency with an annual extramural research expenditure of 
over $100,000,000. 
(5) The term ‘‘research and development award’’ means 
support provided to an individual or entity by a Federal 
research agency to carry out research and development activi-
ties, which may include support in the form of a grant, contract, 
cooperative agreement, or other such transaction. The term 
does not include a grant, contract, agreement or other trans-
action for the procurement of goods or services to meet the 
administrative needs of a Federal research agency. 
SEC. 224. GOVERNANCE OF FIFTH-GENERATION WIRELESS NET-
WORKING IN THE DEPARTMENT OF DEFENSE. 
(a) TRANSITION OF 5G WIRELESS NETWORKING TO OPERATIONAL 
USE.— 
(1) TRANSITION PLAN REQUIRED.—The Under Secretary of 
Defense for Research and Engineering, in consultation with 
the cross functional team established under subsection (c), shall 
develop a plan to transition fifth-generation (commonly known 
as ‘‘5G’’) wireless technology to operational use within the 
Department of Defense. 
(2) ELEMENTS.—The transition plan under paragraph (1) 
shall include the following: 
(A) A timeline for the transition of responsibility for 
5G wireless networking to the Chief Information Officer, 
as required under subsection (b)(1). 
(B) A description of the roles and responsibilities of 
the organizations and elements of the Department of 
Defense with respect to the acquisition, sustainment, and 
operation of 5G wireless networking for the Department, 
as determined by the Secretary of Defense in accordance 
with subsection (d). 
(3) INTERIM
BRIEFING.—Not later than March 31, 2021 
the Secretary of Defense shall provide to the congressional
H. R. 6395—86 
defense committees a briefing on the status of the plan required 
under paragraph (1). 
(4) FINAL REPORT.—Not later than September 30, 2021, 
the Secretary of Defense shall submit to the congressional 
defense committees a report that includes the plan developed 
under paragraph (1). 
(b) SENIOR OFFICIAL FOR 5G WIRELESS NETWORKING.— 
(1) DESIGNATION
OF
CHIEF
INFORMATION
OFFICER.—Not 
later than October 1, 2023, the Secretary of Defense shall 
designate the Chief Information Officer as the senior official 
within Department of Defense with primary responsibility for— 
(A) policy, oversight, guidance, research, and coordina-
tion on matters relating to 5G wireless networking; and 
(B) making proposals to the Secretary on governance, 
management, and organizational policy for 5G wireless net-
working. 
(2) ROLE OF UNDER SECRETARY OF DEFENSE FOR RESEARCH 
AND
ENGINEERING.—The Under Secretary of Defense for 
Research and Engineering shall carry out the responsibilities 
specified in paragraph (1) until the date on which the Secretary 
of Defense designates the Chief Information Officer as the 
senior official responsible for 5G wireless networking under 
such paragraph. 
(c) CROSS-FUNCTIONAL TEAM FOR 5G WIRELESS NETWORKING.— 
(1) ESTABLISHMENT.—Using the authority provided under 
section 911(c) of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), 
the Secretary of Defense shall establish a cross-functional team 
for 5G wireless networking. 
(2) DUTIES.—The duties of the cross-functional team estab-
lished under paragraph (1) shall be— 
(A) to assist the Secretary of Defense in determining 
the roles and responsibilities of the organizations and ele-
ments of the Department of Defense with respect to the 
acquisition, sustainment, and operation of 5G wireless net-
working, as required under subsection (d); 
(B) to assist the senior official responsible for 5G wire-
less networking in carrying out the responsibilities 
assigned to such official under subsection (b); 
(C) to oversee the implementation of the strategy devel-
oped under section 254 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 
2223a note) for harnessing 5G wireless networking tech-
nologies, coordinated across all relevant elements of the 
Department; 
(D) to advance the adoption of commercially available, 
next-generation 
wireless 
communication 
technologies, 
capabilities, security, and applications by the Department 
and the defense industrial base; and 
(E) to support public-private partnerships between the 
Department and industry on matters relating to 5G wire-
less networking; 
(F) 
to 
coordinate 
research 
and 
development, 
implementation and acquisition activities, warfighting con-
cept development, spectrum policy, industrial policy and
H. R. 6395—87 
commercial outreach and partnership relating to 5G wire-
less networking in the Department, and interagency and 
international engagement; 
(G) to integrate the Department’s 5G wireless net-
working programs and policies with major initiatives, pro-
grams, and policies of the Department relating to secure 
microelectronics and command and control; and 
(H) to oversee, coordinate, execute, and lead initiatives 
to advance 5G wireless network technologies and associated 
applications developed for the Department. 
(3) TEAM LEADER.—The Under Secretary of Defense for 
Research and Engineering shall lead the cross-functional team 
established under paragraph (1) until the date on which the 
Secretary of Defense designates the Chief Information Officer 
as the senior official responsible for 5G wireless networking 
as required under subsection (b)(1). Beginning on the date 
of such designation, the Chief Information Officer shall lead 
the cross functional team. 
(d) DETERMINATION OF ORGANIZATIONAL ROLES AND RESPON-
SIBILITIES.—The Secretary of Defense, acting through the cross- 
functional team established under subsection (c), shall determine 
the roles and responsibilities of the organizations and elements 
of the Department of Defense with respect to the acquisition, 
sustainment, and operation of 5G wireless networking for the 
Department, including the roles and responsibilities of the Office 
of the Secretary of Defense, the intelligence components of the 
Department, Defense Agencies and Department of Defense Field 
Activities, the Armed Forces, combatant commands, and the Joint 
Staff. 
(e) BRIEFING.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a briefing on the progress 
of the Secretary in— 
(1) establishing the cross-functional team under subsection 
(c); and 
(2) determining the roles and responsibilities of the 
organizations and elements of the Department of Defense with 
respect to 5G wireless networking as required under subsection 
(d). 
(f) 5G PROCUREMENT DECISIONS.—Each Secretary of a military 
department shall be responsible for decisions relating to the 
procurement of 5G wireless technology for that department. 
(g) TELECOMMUNICATIONS SECURITY PROGRAM.— 
(1) PROGRAM REQUIRED.—The Secretary of Defense shall 
carry out a program to identify and mitigate vulnerabilities 
in the 5G telecommunications infrastructure of the Department 
of Defense. 
(2) ELEMENTS.—In carrying out the program under para-
graph (1), the Secretary shall— 
(A) develop a capability to communicate clearly and 
authoritatively about threats by foreign adversaries; 
(B) conduct independent red-team security analysis of 
systems, subsystems, devices, and components of the 
Department of Defense including no-knowledge testing and 
testing with limited or full knowledge of expected 
functionalities;
H. R. 6395—88 
(C) verify the integrity of personnel who are tasked 
with design fabrication, integration, configuration, storage, 
test, and documentation of noncommercial 5G technology 
to be used by the Department; 
(D) verify the efficacy of the physical security measures 
used at Department locations where system design, fabrica-
tion, integration, configuration, storage, test, and docu-
mentation of 5G technology occurs; 
(E) direct the Chief Information Officer to assess, using 
existing government evaluation models and schema where 
applicable, 5G core service providers whose services will 
be used by the Department through the Department’s 
provisional authorization process; and 
(F) direct the Defense Information Systems Agency 
and the United States Cyber Command to develop a capa-
bility for continuous, independent monitoring of non- 
commercial, government-transiting packet streams for 5G 
data on frequencies assigned to the Department to validate 
the availability, confidentiality, and integrity of the Depart-
ment’s communications systems. 
(3) IMPLEMENTATION PLAN.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a plan for the implementation of 
the program under paragraph (1). 
(4) REPORT.—Not later than 270 days after submitting 
the plan under paragraph (3), the Secretary of Defense shall 
submit to Congress a report that includes— 
(A) a comprehensive assessment of the findings and 
conclusions of the program under paragraph (1); 
(B) recommendations on how to mitigate vulnerabilities 
in the telecommunications infrastructure of the Depart-
ment of Defense; and 
(C) an explanation of how the Department plans to 
implement such recommendations. 
(h) RULE OF CONSTRUCTION.— 
(1) IN GENERAL.—Nothing in this section shall be construed 
as providing the Chief Information Officer immediate responsi-
bility for the activities of the Department of Defense in fifth- 
generation wireless networking experimentation and science 
and technology development. 
(2) PURVIEW OF EXPERIMENTATION AND SCIENCE AND TECH-
NOLOGY DEVELOPMENT.—The activities described in paragraph 
(1) shall remain within the purview of the Under Secretary 
of Defense for Research and Engineering, but shall inform 
and be informed by the activities of the cross-functional team 
established pursuant to subsection (c). 
SEC. 225. DEMONSTRATION PROJECT ON USE OF CERTAIN TECH-
NOLOGIES 
FOR 
FIFTH-GENERATION 
WIRELESS 
NET-
WORKING SERVICES. 
(a) DEMONSTRATION PROJECT.—The Secretary of Defense shall 
carry out a demonstration project to evaluate the maturity, perform-
ance, and cost of covered technologies to provide additional options 
for providers of fifth-generation wireless network services. 
(b) LOCATION.—The Secretary of Defense shall carry out the 
demonstration project under subsection (a) in at least one location
H. R. 6395—89 
where the Secretary plans to deploy a fifth-generation wireless 
network. 
(c) COORDINATION.—The Secretary shall carry out the dem-
onstration project under subsection (a) in coordination with at least 
one major wireless network service provider based in the United 
States. 
(d) COVERED TECHNOLOGIES DEFINED.—In this section, the term 
‘‘covered technologies’’ means— 
(1) a disaggregated or virtualized radio access network 
and core in which components can be provided by different 
vendors and interoperate through open protocols and interfaces, 
including those protocols and interfaces utilizing the Open 
Radio Access Network (commonly known as ‘‘Open RAN’’ or 
‘‘oRAN’’) approach; and 
(2) one or more massive multiple-input, multiple-output 
radio arrays, provided by one or more companies based in 
the United States, that have the potential to compete favorably 
with radios produced by foreign companies in terms of cost, 
performance, and efficiency. 
SEC. 226. RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF TECH-
NOLOGIES TO SUPPORT WATER SUSTAINMENT. 
(a) IN GENERAL.—The Secretary of Defense shall research, 
develop, and deploy advanced water harvesting technologies to sup-
port and improve water sustainment within the Department of 
Defense and in geographic regions where the Department operates. 
(b) REQUIRED ACTIVITIES.—In carrying out subsection (a), the 
Secretary shall— 
(1) develop advanced water harvesting systems that reduce 
weight and logistics support needs compared to conventional 
water supply systems, including— 
(A) modular water harvesting systems that are easily 
transportable; and 
(B) trailer mounted water harvesting systems that 
reduce resupply needs; 
(2) develop and implement storage requirements for water 
harvesting systems at forward operating bases; and 
(3) establish cross functional teams to identify geographic 
regions where the deployment of water harvesting systems 
could reduce conflict and potentially eliminate the need for 
the presence of the Armed Forces. 
(c) ADDITIONAL
ACTIVITIES.—In addition to the activities 
required under subsection (b), the Secretary shall— 
(1) seek to leverage existing water harvesting techniques 
and technologies and apply such techniques and technologies 
to military operations carried out by the United States; 
(2) consider using commercially available off-the-shelf items 
(as defined in section 104 of title 41, United States Code) 
and near-ready deployment technologies to achieve cost savings 
and improve the self sufficiency of warfighters; and 
(3) seek to enter into information sharing arrangements 
with foreign militaries and other organizations that have the 
proven ability to operate in water constrained areas for the 
purpose of sharing lessons learned and best practices relating 
to water harvesting.
H. R. 6395—90 
(d) IMPLEMENTATION.—The Secretary shall deploy technologies 
developed under subsection (b)(1) for use by expeditionary forces 
not later than January 1, 2025. 
(e) WATER HARVESTING DEFINED.—In this section, the term 
‘‘water harvesting’’, when used with respect to a system or tech-
nology, means a system or technology that is capable of creating 
useable water by— 
(1) harvesting water from underutilized environmental 
sources, such as by capturing water from ambient humidity; 
or 
(2) recycling or otherwise reclaiming water that has pre-
viously been used. 
SEC. 
227. 
LIMITATION 
ON 
CONTRACT 
AWARDS 
FOR 
CERTAIN 
UNMANNED VESSELS. 
(a) LIMITATION.—Not less than 30 days before awarding a con-
tract using any funds from the Research, Development, Test, and 
Evaluation, Navy account for the purchase of a covered vessel, 
the Secretary of the Navy shall submit to the congressional defense 
committees a report and certification described in subsection (c) 
for such contract and covered vessel. 
(b) COVERED VESSELS.—For purposes of this section, a covered 
vessel is one of the following: 
(1) A large unmanned surface vessel (LUSV). 
(2) A medium unmanned surface vehicle (MUSV). 
(c) REPORT AND CERTIFICATION DESCRIBED.—A report and cer-
tification described in this subsection regarding a contract for a 
covered vessel is— 
(1) a report— 
(A) submitted to the congressional defense committees 
not later than 60 days after the date of the completion 
of an independent technical risk assessment for such cov-
ered vessel; 
(B) on the findings and recommendations of the Senior 
Technical Authority for the class of naval vessels that 
includes the covered vessel with respect to such assessment; 
and 
(C) that includes such assessment; and 
(2) a certification, submitted to the congressional defense 
committees with the report described in paragraph (1), that 
certifies that— 
(A) the Secretary has determined, in conjunction with 
the Senior Technical Authority for the class of naval vessels 
that includes the covered vessel, that the critical mission, 
hull, mechanical, and electrical subsystems of the covered 
vessel— 
(i) have been demonstrated in vessel-representa-
tive form, fit, and function; and 
(ii) have achieved performance levels equal to or 
greater 
than 
applicable 
Department 
of 
Defense 
threshold requirements for such class of vessels or 
have maturation plans in place to achieve such 
performance levels prior to transition to a program 
of record, including a detailed description of such 
achieved performance or maturation plans; and 
(B) such contract is necessary to meet Department 
research, development, test, and evaluation objectives for
H. R. 6395—91 
such covered vessel that cannot otherwise be met through 
further land-based subsystem prototyping or other dem-
onstration approaches. 
(d) LIMITATION ON WEAPON INTEGRATION.— 
(1) IN
GENERAL.—The Secretary may not integrate any 
offensive weapon system into a covered vessel until the date 
that is 30 days after the date on which the Secretary of the 
Defense certifies to the congressional defense committees that 
such covered vessel— 
(A) will comply with applicable laws, including the 
law of armed conflict, with a detailed explanation of how 
such compliance will be achieved; and 
(B) has been determined to be the most appropriate 
surface vessel to meet applicable offensive military require-
ments. 
(2) COMPLETION OF ANALYSIS OF ALTERNATIVES REQUIRED.— 
A determination under paragraph (1)(B) shall be made only 
after the completion of an analysis of alternatives that— 
(A) is described in subsection (e)(1); and 
(B) supports such determination. 
(e) SUBMITTAL OF ANALYSIS OF ALTERNATIVES TO CONGRESS.— 
(1) ANALYSIS OF ALTERNATIVES REQUIRED.—Not later than 
one year after the date of the enactment of this Act, the 
Secretary shall submit to the congressional defense committees 
an analysis of alternatives regarding covered vessels with an 
integrated offensive weapon system and the most appropriate 
surface vessels to meet applicable offensive military require-
ments. 
(2) CONTENTS.—The analysis submitted under paragraph 
(1) shall include, at a minimum, the following elements: 
(A) Identification of capability needs applicable to such 
covered vessels, including offensive strike capability and 
capacity from the Mark–41 vertical launch system. 
(B) Projected threats. 
(C) Projected operational environments. 
(D) Projected operational concepts. 
(E) Projected operational requirements. 
(F) Status quo (baseline) and surface vessel alter-
natives able to meet the capability needs identified in 
subparagraph (A), including— 
(i) 
modified 
naval 
vessel 
designs, 
including 
amphibious ships, expeditionary fast transports, and 
expeditionary sea bases; 
(ii) modified commercial vessel designs, including 
container ships and bulk carriers; 
(iii) new naval vessel designs; and 
(iv) new commercial vessel designs. 
(G) Vessel design, performance, and measures of 
effectiveness of the baseline and each alternative, including 
a description of critical mission, hull, mechanical, and elec-
trical subsystems. 
(H) Estimated research, development, test, and evalua-
tion cost of baseline and each alternative. 
(I) Estimated lead vessel and average follow-on vessel 
procurement costs of baseline and each alternative. 
(J) Life-cycle costs of baseline and each alternative.
H. R. 6395—92 
(K) Life-cycle cost per baseline vessel and each alter-
native vessel. 
(L) Life-cycle cost per specified quantity of baseline 
vessels and alternative vessels. 
(M) Technology readiness assessment of baseline and 
each alternative. 
(N) Analysis of alternatives, including relative cost and 
capability performance of baseline and alternative vessels. 
(O) Trade-off analysis. 
(P) Sensitivity analysis. 
(Q) Conclusions and recommendations, which if the 
Secretary of Defense deems it appropriate, shall include 
the determination required under subsection (d)(1)(B). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘critical mission, hull, mechanical, and elec-
trical subsystems’’, with respect to a covered vessel, includes 
the following subsystems: 
(A) Command, control, communications, computers, 
intelligence, surveillance, and reconnaissance. 
(B) Autonomous vessel navigation, vessel control, con-
tact management, and contact avoidance. 
(C) Communications security, including cryptopgraphy, 
encryption, and decryption. 
(D) Main engines, including the lube oil, fuel oil, and 
other supporting systems. 
(E) Electrical generation and distribution, including 
supporting systems. 
(F) Military payloads. 
(G) Any other subsystem identified as critical by the 
Senior Technical Authority for the class of naval vessels 
that includes the covered vessel. 
(2) The term ‘‘Senior Technical Authority’’ means, with 
respect to a class of naval vessels, the Senior Technical 
Authority designated for that class of naval vessels under sec-
tion 8669b of title 10, United States Code. 
Subtitle C—Artificial Intelligence and 
Emerging Technology 
SEC. 231. MODIFICATION OF BIANNUAL REPORT ON THE JOINT ARTIFI-
CIAL INTELLIGENCE CENTER. 
Section 260(b) of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1293) is amended 
by adding at the end the following new paragraphs: 
‘‘(11) The results of an assessment, conducted biannually, 
on the efforts of the Center and the Department of Defense 
to develop or contribute to the development of standards for 
artificial intelligence, including— 
‘‘(A) a description of such efforts; 
‘‘(B) an evaluation of the need to incorporate standards 
for artificial intelligence into the strategies and doctrine 
of the Department and a description of any efforts under-
taken to further the development and adoption of such 
standards; 
‘‘(C) an explanation of any collaboration on artificial 
intelligence standards development with—
H. R. 6395—93 
‘‘(i) other organizations and elements of the 
Department of Defense (including the Defense Agencies 
and the military departments); 
‘‘(ii) agencies of the Federal Government; 
‘‘(iii) the intelligence community; 
‘‘(iv) representatives of the defense industrial base 
and other sectors of private industry; and 
‘‘(v) any other agencies, entities, organizations, or 
persons the Secretary considers appropriate; and 
‘‘(D) an explanation of any participation by the Center 
and the Department of Defense in international or other 
multi-stakeholder standard-setting bodies. 
‘‘(12) For each member of the Armed Forces who concluded 
a formal assignment supporting the Center in the period of 
six months preceding the date of the report, a position descrip-
tion of the billet that the member transitioned into, as provided 
to the Center by the Armed Force of the member within 30 
days of reassignment. 
‘‘(13) An annual update, developed in consultation with 
the Armed Forces, on the status of active duty members of 
the Armed Forces assigned to the Center. This update shall 
include the following: 
‘‘(A) An assessment of the effectiveness of such assign-
ments in strengthening the ties between the Center and 
the Armed Forces for the purposes of— 
‘‘(i) identifying tactical and operational use cases 
for artificial intelligence; 
‘‘(ii) improving data collection relating to artificial 
intelligence; and 
‘‘(iii) establishing effective lines of communication 
between the Center and the Armed Forces to identify 
and address concerns from the Armed Forces relating 
to the widespread adoption and dissemination of artifi-
cial intelligence. 
‘‘(B) A description of any efforts undertaken to create 
opportunities for additional nontraditional broadening 
assignments at the Center for members of the Armed 
Forces on active duty. 
‘‘(C) An analysis of the career trajectories of active 
duty members of the Armed Forces assigned to the Center, 
including any potential negative effects of such assignment 
on the career trajectories of such members.’’. 
SEC. 232. MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE 
RESEARCH, DEVELOPMENT, AND TRANSITION ACTIVITIES. 
Section 238 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 
2358 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘acquire,’’ before 
‘‘develop’’; and 
(B) by amending paragraph (2) to read as follows: 
‘‘(2) EMPHASIS.—The set of activities established under 
paragraph (1) shall include— 
‘‘(A) acquisition and development of mature artificial 
intelligence technologies in support of defense missions;
H. R. 6395—94 
‘‘(B) applying artificial intelligence and machine 
learning solutions to operational problems by directly deliv-
ering artificial intelligence capabilities to the Armed Forces 
and other organizations and elements of the Department 
of Defense; 
‘‘(C) accelerating the development, testing, and fielding 
of new artificial intelligence and artificial intelligence- 
enabling capabilities; and 
‘‘(D) coordinating and deconflicting activities involving 
artificial intelligence and artificial intelligence-enabled 
capabilities within the Department.’’; 
(2) by striking subsection (e); 
(3) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; 
(4) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) ORGANIZATION AND ROLES.— 
‘‘(1) ASSIGNMENT OF ROLES AND RESPONSIBILITIES.— 
‘‘(A) IN GENERAL.—In addition to designating an official 
under subsection (b), the Secretary of Defense shall assign 
to appropriate officials within the Department of Defense 
roles and responsibilities relating to the research, develop-
ment, prototyping, testing, procurement of, requirements 
for, and operational use of artificial intelligence tech-
nologies. 
‘‘(B) APPROPRIATE
OFFICIALS.—The officials assigned 
roles and responsibilities under subparagraph (A) shall 
include— 
‘‘(i) the Under Secretary of Defense for Research 
and Engineering; 
‘‘(ii) the Under Secretary of Defense for Acquisition 
and Sustainment; 
‘‘(iii) the Director of the Joint Artificial Intelligence 
Center; 
‘‘(iv) one or more officials in each military depart-
ment; 
‘‘(v) officials of appropriate Defense Agencies; and 
‘‘(vi) such other officials as the Secretary of Defense 
determines appropriate. 
‘‘(2) ROLE OF DIRECTOR OF THE JOINT ARTIFICIAL INTEL-
LIGENCE CENTER.— 
‘‘(A) DIRECT
REPORT
TO
DEPUTY
SECRETARY
OF 
DEFENSE.—During the covered period, the Director of the 
Joint Artificial Intelligence Center shall report directly to 
the Deputy Secretary of Defense without intervening 
authority. 
‘‘(B) CONTINUATION.—The Director of the Joint Artifi-
cial Intelligence Center shall continue to report to the 
Deputy Secretary of Defense as described in subparagraph 
(A) after the expiration of the covered period if, not later 
than 30 days before such period expires, the Deputy Sec-
retary— 
‘‘(i) determines that the Director should continue 
to report to Deputy Secretary without intervening 
authority; and 
‘‘(ii) transmits notice of such determination to the 
congressional defense committees.
H. R. 6395—95 
‘‘(C) COVERED PERIOD DEFINED.—In this paragraph, the 
term ‘covered period’ means the period of two years begin-
ning on the date of the enactment of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021.’’; 
(5) in subsection (d), as so redesignated— 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by inserting ‘‘acquire,’’ before ‘‘develop’’; 
(B) in the heading of paragraph (2), by striking 
‘‘DEVELOPMENT’’ and inserting ‘‘ACQUISITION, 
DEVELOP-
MENT’’; and 
(C) in paragraph (2)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘To the degree practicable, the designated offi-
cial’’ and inserting ‘‘The official designated under sub-
section (b)’’; 
(ii) in subparagraph (A), by striking ‘‘development’’ 
and inserting ‘‘acquisition’’; 
(iii) by redesignating subparagraphs (H) and (I) 
as subparagraphs (J) and (K), respectively; and 
(iv) by inserting after subparagraph (G), the fol-
lowing new subparagraphs: 
‘‘(H) develop standard data formats for the Department 
that— 
‘‘(i) aid in defining the relative maturity of 
datasets; and 
‘‘(ii) inform best practices for cost and schedule 
computation, data collection strategies aligned to mis-
sion outcomes, and dataset maintenance practices; 
‘‘(I) establish data and model usage agreements and 
collaborative partnership agreements for artificial intel-
ligence product development with each organization and 
element of the Department, including each of the Armed 
Forces;’’; 
(6) in subsection (e), as so redesignated— 
(A) by striking ‘‘The Secretary shall’’ and inserting 
‘‘Not later than 180 days after the date of the enactment 
of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021, the Secretary of 
Defense shall issue regulations to’’; 
(B) by striking ‘‘the coordination described in sub-
section (b) and the duties set forth in subsection (c)’’ and 
inserting ‘‘the duties set forth in subsection (d)’’; and 
(C) by adding at the end the following new sentence: 
‘‘At a minimum, such access shall ensure that the Director 
of the Joint Artificial Intelligence Center has the ability 
to discover, access, share, and appropriately reuse data 
and models of the Armed Forces and other organizations 
and elements of the Department of Defense, build and 
maintain artificial intelligence capabilities for the Depart-
ment, and execute the duties assigned to the Director by 
the Secretary.’’; and 
(7) by adding at the end the following new subsection: 
‘‘(h) JOINT ARTIFICIAL INTELLIGENCE CENTER DEFINED.—In this 
section, term ‘Joint Artificial Intelligence Center’ means the Joint 
Artificial Intelligence Center of the Department of Defense estab-
lished pursuant to the memorandum of the Secretary of Defense
H. R. 6395—96 
dated June 27, 2018, and titled ‘Establishment of the Joint Artificial 
Intelligence Center’, or any successor to such Center.’’. 
SEC. 233. BOARD OF ADVISORS FOR THE JOINT ARTIFICIAL INTEL-
LIGENCE CENTER. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a board of advisors for the Joint Artificial Intelligence Center. 
(b) DUTIES.—The duties of the board of advisors shall include 
the following: 
(1) Provide independent strategic advice and technical 
expertise to the Secretary and the Director on matters relating 
to the development and use of artificial intelligence by the 
Department of Defense. 
(2) Evaluate and advise the Secretary and the Director 
on ethical matters relating to the development and use of 
artificial intelligence by the Department. 
(3) Conduct long-term and long-range studies on matters 
relating to artificial intelligence, as required. 
(4) Evaluate and provide recommendations to the Secretary 
and the Director regarding the Department’s development of 
a robust workforce proficient in artificial intelligence. 
(5) Assist the Secretary and the Director in developing 
strategic level guidance on artificial intelligence-related hard-
ware procurement, supply-chain matters, and other technical 
matters relating to artificial intelligence. 
(c) MEMBERSHIP.—The board of advisors shall be composed 
of appropriate experts from academic or private sector organizations 
outside the Department of Defense, who shall be appointed by 
the Secretary. 
(d) CHAIRPERSON.—The chairperson of the board of advisors 
shall be selected by the Secretary. 
(e) MEETINGS.—The board of advisors shall meet not less than 
once each fiscal quarter and may meet at other times at the call 
of the chairperson or a majority of its members. 
(f) REPORTS.—Not later than September 30 of each year through 
September 30, 2024, the board of advisors shall submit to the 
congressional defense committees a report that summarizes the 
activities of the board over the preceding year. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘artificial intelligence’’ has the meaning given 
that term in section 238(g) of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 
115–232; 10 U.S.C. 2358 note). 
(2) The term ‘‘Director’’ means the Director of the Joint 
Artificial Intelligence Center. 
(3) The term ‘‘Joint Artificial Intelligence Center’’ means 
the Joint Artificial Intelligence Center of the Department of 
Defense established pursuant to the memorandum of the Sec-
retary of Defense dated June 27, 2018, and titled ‘‘Establish-
ment of the Joint Artificial Intelligence Center’’, or any suc-
cessor to such Center. 
(4) The term ‘‘Secretary’’ means the Secretary of Defense. 
SEC. 234. APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE 
DEFENSE REFORM PILLAR OF THE NATIONAL DEFENSE 
STRATEGY. 
(a) IDENTIFICATION OF USE CASES.—The Secretary of Defense, 
acting through such officers and employees of the Department of
H. R. 6395—97 
Defense as the Secretary considers appropriate, including the chief 
data officers and chief management officers of the military depart-
ments, shall identify a set of no fewer than five use cases of 
the application of existing artificial intelligence enabled systems 
to support improved management of enterprise acquisition, per-
sonnel, audit, or financial management functions, or other appro-
priate management functions, that are consistent with reform 
efforts that support the National Defense Strategy. 
(b) PROTOTYPING ACTIVITIES ALIGNED TO USE CASES.—The Sec-
retary, acting through the Under Secretary of Defense for Research 
and Engineering and in coordination with the Director of the Joint 
Artificial Intelligence Center and such other officers and employees 
as the Secretary considers appropriate, shall pilot technology 
development and prototyping activities that leverage commercially 
available technologies and systems to demonstrate new artificial 
intelligence enabled capabilities to support the use cases identified 
under subsection (a). 
(c) BRIEFING.—Not later than October 1, 2021, the Secretary 
shall provide to the congressional defense committees a briefing 
summarizing the activities carried out under this section. 
SEC. 235. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED 
ARTIFICIAL INTELLIGENCE TECHNOLOGY. 
(a) ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, shall 
conduct an assessment to determine— 
(A) whether the Department of Defense has the ability, 
requisite resourcing, and sufficient expertise to ensure that 
any artificial intelligence technology acquired by the 
Department is ethically and responsibly developed; and 
(B) how the Department can most effectively imple-
ment ethical artificial intelligence standards in acquisition 
processes and supply chains. 
(2) ELEMENTS.—The assessment conducted under para-
graph (1) shall address the following: 
(A) Whether there are personnel occupying relevant 
roles within the Department of Defense who have sufficient 
expertise, across multiple disciplines (including ethical, 
legal, and technical expertise)— 
(i) to advise on the acquisition of artificial intel-
ligence technology; and 
(ii) to ensure the acquisition of ethically and 
responsibly developed artificial intelligence technology. 
(B) The feasibility and advisability of retaining outside 
experts as consultants to assist the Department in 
strengthening capacity and filling any gaps in expertise 
identified under subparagraph (A). 
(C) The extent to which existing acquisition processes 
encourage or require consultation with relevant experts 
across multiple disciplines within the Department to ensure 
that artificial intelligence technology acquired by the 
Department is ethically and responsibly developed. 
(D) 
Quantitative 
and 
qualitative 
standards 
for 
assessing the extent to which experts across multiple dis-
ciplines are engaged in the acquisition of artificial intel-
ligence technology by the department.
H. R. 6395—98 
(b) BRIEFING REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after the date 
on which the Secretary of Defense completes the assessment 
under subsection (a), the Secretary shall provide to the congres-
sional defense committees a briefing on the results of the assess-
ment. 
(2) ELEMENTS.—The briefing under paragraph (1) shall 
include, based on the results of the assessment— 
(A) an explanation of whether the Department of 
Defense has personnel, in the proper roles and with suffi-
cient expertise across multiple disciplines, to ensure the 
acquisition of ethically and responsibly developed artificial 
intelligence technology; 
(B) an explanation of whether the Department has 
adequate procedures to encourage or require the consulta-
tion of such experts as part of the acquisition process 
for artificial intelligence technology; 
(C) an explanation of any procedures the Department 
has in place to ensure that activities involving artificial 
intelligence are consistent with the Department’s ethical 
artificial intelligence standards; and 
(D) with respect to any deficiencies identified under 
subparagraph (A), (B), or (C), a description of any measures 
that have been taken, and any additional resources that 
may be needed, to mitigate such deficiencies. 
SEC. 236. STEERING COMMITTEE ON EMERGING TECHNOLOGY. 
(a) ESTABLISHMENT.—The Secretary of Defense may establish 
a steering committee on emerging technology and national security 
threats (referred to in this section as the ‘‘Steering Committee’’). 
(b) MEMBERSHIP.—The Steering Committee shall be composed 
of the following: 
(1) The Deputy Secretary of Defense. 
(2) The Vice Chairman of the Joint Chiefs of Staff. 
(3) The Under Secretary of Defense for Intelligence and 
Security. 
(4) The Under Secretary of Defense for Research and 
Engineering. 
(5) The Under Secretary of Defense for Personnel and 
Readiness. 
(6) The Under Secretary of Defense for Acquisition and 
Sustainment. 
(7) The Chief Information Officer. 
(8) Such other officials of the Department of Defense as 
the Secretary of Defense determines appropriate. 
(c) RESPONSIBILITIES.—The Steering Committee shall be respon-
sible for— 
(1) developing a strategy for the organizational change, 
concept and capability development, and technology invest-
ments in emerging technologies that are needed to maintain 
the technological superiority of the United States military as 
outlined in the National Defense Strategy; 
(2) providing assessments of emerging threats and identi-
fying investments and advances in emerging technology areas 
undertaken by adversaries of the United States; 
(3) making recommendations to the Secretary of Defense 
on—
H. R. 6395—99 
(A) the implementation of the strategy developed under 
paragraph (1); 
(B) steps that may be taken to address the threats 
identified under paragraph (2); 
(C) any changes to a program of record that may 
be required to achieve the strategy under paragraph (1); 
(D) any changes to the Defense Planning Guidance 
required by section 113(g)(2)(A) of title 10, United States 
Code, that may be required to achieve the strategy under 
paragraph (1); and 
(E) whether sufficient resources are available for the 
research activities, workforce, and infrastructure of the 
Department of Defense to support the development of 
capabilities to defeat emerging threats to the United States; 
and 
(4) carrying out such other activities as are assigned to 
the Steering Committee by the Secretary of Defense. 
(d) EMERGING TECHNOLOGY DEFINED.—In this section, the term 
‘‘emerging technology’’ means technology determined to be in an 
emerging phase of development by the Secretary, including 
quantum information science and technology, data analytics, artifi-
cial intelligence, autonomous technology, advanced materials, soft-
ware, high performance computing, robotics, directed energy, 
hypersonics, biotechnology, medical technologies, and such other 
technology as may be identified by the Secretary. 
(e) SUNSET.—This section shall terminate on October 1, 2024. 
Subtitle D—Education and Workforce 
Development 
SEC. 241. MEASURING AND INCENTIVIZING PROGRAMMING PRO-
FICIENCY. 
(a) IN GENERAL.—Not later than two years after the date of 
the enactment of this Act, the Secretary of Defense shall carry 
out the following activities: 
(1) Leverage existing civilian software development and 
software architecture certification programs to implement 
coding language proficiency and artificial intelligence com-
petency tests within the Department of Defense that— 
(A) measure an individual’s competency in using 
machine learning tools, in a manner similar to the way 
the Defense Language Proficiency Test measures com-
petency in foreign language skills; 
(B) enable the identification of members of the Armed 
Forces and civilian employees of the Department of Defense 
who have varying levels of quantified coding comprehension 
and skills and a propensity to learn new programming 
paradigms, algorithms, and data analytics; and 
(C) include hands-on coding demonstrations and chal-
lenges. 
(2) Update existing recordkeeping systems to track artificial 
intelligence and programming certification testing results in 
a manner that is comparable to the system used for tracking 
and documenting foreign language competency, and use that 
recordkeeping system to ensure that workforce coding and
H. R. 6395—100 
artificial intelligence comprehension and skills are taken into 
consideration when making assignments. 
(3) Implement a system of rewards, including appropriate 
incentive pay and retention incentives, for members of the 
Armed Forces and civilian employees of the Department of 
Defense who perform successfully on specific language coding 
proficiency and artificial intelligence competency tests and 
make their skills available to the Department. 
(b) INFORMATION SHARING WITH OTHER FEDERAL AGENCIES.— 
The Secretary of Defense shall share information on the activities 
carried out under subsection (a) with the Secretary of Homeland 
Security, the Attorney General, the Director of National Intel-
ligence, and the heads of such other organizations of the intelligence 
community as the Secretary determines appropriate, for purposes 
of— 
(1) making information about the coding language pro-
ficiency and artificial intelligence competency tests developed 
under such subsection available to other Federal national secu-
rity agencies; and 
(2) encouraging the heads of such agencies to implement 
tracking and reward systems that are comparable to those 
implemented by the Department of Defense pursuant to such 
subsection. 
(c) SPECIAL PAY FOR PROGRAMMING LANGUAGE PROFICIENCY 
BENEFICIAL FOR NATIONAL SECURITY INTERESTS.— 
(1) IN GENERAL.—Chapter 81 of title 10, United States 
Code, is amended by inserting after section 1596b the following 
new section: 
‘‘§ 1596c. Programming language proficiency: special pay for 
proficiency 
beneficial 
for 
national 
security 
interests 
‘‘(a) AUTHORITY.—The Secretary of Defense, under the sole and 
exclusive discretion of the Secretary, may pay special pay under 
this section to an employee of the Department of Defense who— 
‘‘(1) has been certified by the Secretary to be proficient 
in a computer or digital programming language identified by 
the Secretary as being a language in which proficiency by 
civilian personnel of the Department is necessary because of 
national security interests; and 
‘‘(2) is assigned duties requiring proficiency in that 
programming language. 
‘‘(b) RATE.—The rate of special pay for an employee under 
this section shall be prescribed by the Secretary, but may not 
exceed 20 percent of the employee’s rate of basic pay. 
‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special 
pay under this section is in addition to any other pay or allowances 
to which the employee is entitled. 
‘‘(d) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 81 of such title is amended by inserting
H. R. 6395—101 
after the item relating to section 1596b the following new 
item: 
‘‘1596c. Programming language proficiency: special pay for proficiency beneficial for 
national security interests.’’. 
SEC. 242. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH 
FOR TRANSFORMATION (SMART) DEFENSE EDUCATION 
PROGRAM. 
Section 2192a of title 10, United States Code, is amended— 
(1) in subsection (c)(1)(B)(i), by inserting ‘‘, including by 
serving on active duty in the Armed Forces’’ after ‘‘Department’’; 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(3) may establish arrangements so that participants may 
participate in a paid internship for an appropriate period with 
an industry sponsor.’’; and 
(3) in subsection (f)— 
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(2) The Secretary of Defense shall seek to enter into partner-
ships with minority institutions of higher education and appropriate 
public and private sector organizations to diversify the participants 
in the program under subsection (a).’’. 
SEC. 243. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL SECURITY 
FELLOWSHIP OF DEPARTMENT OF DEFENSE. 
(a) MODIFICATION REGARDING BASIC PAY.—Subparagraph (A) 
of section 235(a)(4) of National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 10 U.S.C. 1580 note prec.) is 
amended to read as follows: 
‘‘(A) shall be compensated at a rate of basic pay that 
is not less than the minimum rate of basic pay payable 
for a position at GS–10 of the General Schedule (subchapter 
III of chapter 53 of title 5, United States Code) and not 
more than the maximum rate of basic pay payable for 
a position at GS–15 of such Schedule; and’’. 
(b) BACKGROUND CHECKS.—Subsection (b) of such section is 
amended by adding at the end the following new paragraph: 
‘‘(3) BACKGROUND
CHECK
REQUIREMENT.—No individual 
may participate in the fellows program without first undergoing 
a background check that the Secretary of Defense considers 
appropriate for participation in the program.’’. 
SEC. 244. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS 
TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC 
INSTITUTIONS. 
Section 217 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘National Defense Authorization Act 
for Fiscal Year 2020’’ and inserting ‘‘William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021’’; and
H. R. 6395—102 
(ii) by striking ‘‘not fewer than three’’ and inserting 
‘‘not fewer than four’’; 
(B) by redesignating paragraph (2) as paragraph (3); 
(C) by inserting after paragraph (1) the following new 
paragraph: 
‘‘(2) COORDINATION.—In carrying out paragraph (1), the 
Secretary of Defense may act through the Defense Advanced 
Research Projects Agency or any other organization or element 
of the Department of Defense the Secretary considers appro-
priate.’’; and 
(D) in paragraph (3), as so redesignated, by inserting 
‘‘training,’’ after ‘‘management,’’; 
(2) in subsection (e)— 
(A) in paragraph (28) by striking ‘‘Infrastructure resil-
ience’’ and inserting ‘‘Additive manufacturing’’; 
(B) by redesignating paragraph (30) as paragraph (31); 
and 
(C) by inserting after paragraph (29) the following 
new paragraph: 
‘‘(30) 3D and virtual technology training platforms.’’; 
(3) by redesignating subsections (f) and (g) as subsection 
(g) and (h), respectively; 
(4) by inserting after subsection (e) the following new sub-
section: 
‘‘(f) REQUIREMENT TO ESTABLISH CONSORTIA.— 
‘‘(1) IN GENERAL.—In carrying out subsection (a)(1)— 
‘‘(A) the Secretary of Defense shall seek to establish 
at least one multi-institution consortium through the Office 
of the Secretary of Defense; 
‘‘(B) the Secretary of the Army shall seek to establish 
at least one multi-institution consortium through the Army; 
‘‘(C) the Secretary of the Navy shall seek to establish 
at least one multi-institution consortium through the Navy; 
and 
‘‘(D) the Secretary of the Air Force shall seek to estab-
lish at least one multi-institution consortium through the 
Air Force. 
‘‘(2) REPORT
REQUIRED.—Not later than September 30, 
2022, the Secretary of Defense shall submit to the congressional 
defense committees a report on the status of the efforts to 
establish consortia under paragraph (1).’’; and 
(5) in subsection (g), as so redesignated, by striking ‘‘2022’’ 
and inserting ‘‘2026’’. 
SEC. 245. ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECHNOLOGY, 
ENGINEERING, AND MATHEMATICS (STEM) PROGRAMS. 
(a) IN GENERAL.—The Under Secretary of Defense for Research 
and Engineering, in coordination with the Under Secretary of 
Defense for Acquisition and Sustainment, shall develop programs 
and incentives to ensure that Department of Defense contractors 
take appropriate steps to— 
(1) enhance undergraduate, graduate, and doctoral pro-
grams in science, technology, engineering, and mathematics 
(in this section referred to as ‘‘STEM’’); 
(2) make investments, such as programming and cur-
riculum development, in STEM programs within elementary 
schools and secondary schools;
H. R. 6395—103 
(3) encourage employees to volunteer in elementary schools 
and secondary schools, including schools that the Secretary 
of Defense determines serve high numbers or percentages of 
students from low-income families or that serve significant 
populations of military dependents, in order to enhance STEM 
education and programs; 
(4) establish partnerships with appropriate entities, 
including institutions of higher education for the purpose of 
training students in technical disciplines; 
(5) make personnel available to advise and assist in STEM 
educational activities aligned with functions of the Department 
of Defense; 
(6) award scholarships and fellowships, and establish work- 
based learning programs in scientific disciplines; 
(7) conduct recruitment activities to enhance the diversity 
of the STEM workforce; or 
(8) make internships available to students of secondary 
schools, undergraduate, graduate, and doctoral programs in 
STEM disciplines. 
(b) AWARD PROGRAM.—The Secretary of Defense shall establish 
procedures to recognize defense industry contractors that dem-
onstrate excellence in supporting STEM education, partnerships, 
programming, and other activities to enhance participation in STEM 
fields. 
(c) IMPLEMENTATION.—Not later than 270 days after the date 
of the enactment of this Act, the Under Secretary of Defense for 
Research and Engineering shall submit to the congressional defense 
committees a report on the steps taken to implement the require-
ments of this section. 
(d) DEFINITIONS.—In this section: 
(1) The terms ‘‘elementary school’’ and ‘‘secondary school’’ 
have the meanings given those terms in section 8101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
(2) The term ‘‘institution of higher education’’ has the 
meaning given such term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
(e) CONFORMING REPEAL.—Section 862 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 
U.S.C. note prec. 2191) is repealed. 
SEC. 246. TRAINING PROGRAM FOR HUMAN RESOURCES PERSONNEL 
IN BEST PRACTICES FOR TECHNICAL WORKFORCE. 
(a) PILOT TRAINING PROGRAM.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense, acting 
through the Under Secretary of Defense for Personnel and 
Readiness and the Under Secretary of Defense for Research 
and Engineering, shall develop and implement a pilot program 
to provide covered human resources personnel with training 
in public and private sector best practices for attracting and 
retaining technical talent. 
(2) TRAINING
AREAS.—The pilot program shall include 
training in the authorities and procedures that may be used 
to recruit technical personnel for positions in the Department 
of Defense, including— 
(A) appropriate direct hiring authorities;
H. R. 6395—104 
(B) excepted service authorities; 
(C) personnel exchange authorities; 
(D) authorities for hiring special government employees 
and highly qualified experts; 
(E) special pay authorities; and 
(F) private sector best practices to attract and retain 
technical talent. 
(3) METRICS.—The Secretary of Defense shall develop 
metrics to evaluate the effectiveness of the pilot program in 
contributing to the ability of the Department of Defense to 
attract and retain technical talent. 
(4) PLAN
REQUIRED.—The Secretary of Defense shall 
develop a plan for the implementation of the pilot program. 
(b) REPORTS.— 
(1) REPORT ON PLAN.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
that sets forth the plan required under subsection (a)(4). 
(2) REPORT ON PILOT PROGRAM.—Not later than three years 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the results of the pilot program. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered human resources personnel’’ means 
members of the Armed Forces and civilian employees of the 
Department of Defense, including human resources profes-
sionals, hiring managers, and recruiters, who are responsible 
for hiring technical talent. 
(2) The term ‘‘technical talent’’ means individuals with 
expertise in high priority technical disciplines. 
(d) TERMINATION.—The requirement to carry out the pilot pro-
gram under this section shall terminate five years after the date 
of the enactment of this Act. 
SEC. 247. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS 
TO EVALUATE CERTAIN APPLICANTS FOR TECHNICAL 
POSITIONS. 
(a) PILOT PROGRAM.—Beginning not later than one year after 
the date of the enactment of this Act, the Secretary of Defense 
shall carry out a pilot program under which certain applicants 
for technical positions within the Department of Defense will be 
evaluated, in part, based on electronic portfolios of the applicant’s 
work, as described in subsection (b). 
(b) ACTIVITIES.—Under the pilot program, the human resources 
manager of each organization of the Department of Defense partici-
pating in the program, in consultation with relevant subject matter 
experts, shall— 
(1) identify a subset of technical positions for which the 
evaluation of electronic portfolios would be appropriate as part 
of the hiring process; and 
(2) as appropriate, assess applicants for such positions 
by reviewing electronic portfolios of the applicants’ best work, 
as selected by the applicant concerned. 
(c) SCOPE OF PROGRAM.—The Secretary of Defense shall carry 
out the pilot program under subsection (a) in— 
(1) the Joint Artificial Intelligence Center; 
(2) the Defense Digital Service;
H. R. 6395—105 
(3) at least one activity of each military department, as 
identified by the Secretary of the department concerned; and 
(4) such other organizations and elements of the Depart-
ment of Defense as the Secretary determines appropriate. 
(d) REPORT.—Not later than two years after the commencement 
of the pilot program under subsection (a), the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the results of the program. At a minimum, the report shall— 
(1) describe how the use of electronic portfolios in the 
hiring process affected the timeliness of the hiring process 
for technical positions in organizations of the Department of 
Defense participating in the program; 
(2) assess the level of satisfaction of organization leaders, 
hiring authorities, and subject matter experts with the quality 
of applicants who were hired based on evaluations of electronic 
portfolios; 
(3) identify other job series that could benefit from the 
use of electronic portfolios in the hiring process; 
(4) recommend whether the use of electronic portfolios in 
the hiring process should be expanded or made permanent; 
and 
(5) recommend any statutory, regulatory, or policy changes 
required to support the goals of the pilot program under sub-
section (a). 
(e) TECHNICAL POSITION DEFINED.—In this section, the term 
‘‘technical position’’ means a position in the Department of Defense 
that— 
(1) requires expertise in artificial intelligence, data science, 
or software development; and 
(2) is eligible for direct hire authority under section 9905 
of title 5, United States Code, or section 2358a of title 10, 
United States Code. 
(f) TERMINATION.—The authority to carry out the pilot program 
under subsection (a) shall terminate 5 years after the date of 
the enactment of this Act. 
SEC. 
248. 
PILOT 
PROGRAM 
ON 
SELF-DIRECTED 
TRAINING 
IN 
ADVANCED TECHNOLOGIES. 
(a) ONLINE COURSES.—The Secretary of Defense shall carry 
out a pilot program under which the Secretary makes available 
a list of approved online courses relating to advanced technologies 
that may be taken by civilian employees of the Department of 
Defense and members of the Armed Forces on a voluntary basis 
while not engaged in the performance of their duties. 
(b) PROCEDURES.—The Secretary shall establish procedures for 
the development, selection, approval, adoption, and evaluation of 
online courses under subsection (a) to ensure that such courses 
are supportive of the goals of this section and overall goals for 
the training and education of the civilian and military workforce 
of the Department of Defense. 
(c) DOCUMENTATION OF COMPLETION.—The Secretary of Defense 
shall develop and implement a system— 
(1) to confirm whether a civilian employee of the Depart-
ment of Defense or member of the Armed Forces has completed 
an online course approved by the Secretary under subsection 
(a); and
H. R. 6395—106 
(2) to document the completion of such course by such 
employee or member. 
(d) INCENTIVES.—The Secretary of Defense shall develop and 
implement incentives to encourage civilian employees of the Depart-
ment of Defense and members of the Armed Forces to complete 
online courses approved by the Secretary under subsection (a). 
(e) METRICS.—The Secretary of Defense shall develop metrics 
to evaluate whether, and to what extent, the pilot program under 
this section improves the ability of participants— 
(1) to perform job-related functions; and 
(2) to execute relevant missions of the Department of 
Defense. 
(f) ADVANCED TECHNOLOGIES DEFINED.—In this section, the 
term ‘‘advanced technologies’’ means technologies that the Secretary 
of Defense determines to be in high-demand within the Department 
of Defense and to which significant research and development 
efforts are devoted, including technologies such as artificial intel-
ligence, data science, machine learning, fifth-generation tele-
communications technology, and biotechnology. 
(g) DEADLINE.—The Secretary of Defense shall carry out the 
activities described in subsections (a) through (e) not later than 
one year after the date of the enactment of this Act. 
(h) SUNSET.—This section shall terminate on October 1, 2024. 
SEC. 249. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY FAC-
ULTY AND STUDENTS IN THE DEFENSE SCIENCE AND 
TECHNOLOGY ENTERPRISE. 
(a) PROGRAM REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
establish a program under which opportunities for part-time and 
term employment are made available in the Defense science and 
technology enterprise for faculty and students of institutions of 
higher education for the purpose of enabling such faculty and stu-
dents to carry out research projects in accordance with subsection 
(b). 
(b) RESEARCH PROJECTS.— 
(1) FACULTY.—A faculty member who is employed in posi-
tion made available under subsection (a) shall, in the course 
of such employment, carry out a research project that— 
(A) relates to a topic in the field of science, technology, 
engineering, or mathematics; and 
(B) contributes to the objectives of the Department 
of Defense, as determined by the Secretary of Defense. 
(2) STUDENTS.—A student employed in position made avail-
able under subsection (a) shall assist a faculty member with 
a research project described in paragraph (1). 
(c) SELECTION
OF PARTICIPANTS.—The Secretary of Defense, 
acting through the heads of participating organizations in the 
Defense science and technology enterprise, shall select individuals 
for participation in the program under subsection (a) as follows: 
(1) Faculty members shall be selected for participation 
on the basis of— 
(A) the academic credentials and research experience 
of the faculty member; and 
(B) the extent to which the research proposed to be 
carried out by the faculty member will contribute to the 
objectives of the Department of Defense.
H. R. 6395—107 
(2) Students shall be selected to assist with a research 
project under the program on the basis of— 
(A) the academic credentials and other qualifications 
of the student; and 
(B) the student’s ability to fulfill the responsibilities 
assigned to the student as part of the project. 
(d) MINIMUM NUMBER OF POSITIONS.— 
(1) IN
GENERAL.—During the first year of the program 
under subsection (a), the Secretary of Defense shall establish 
not fewer than 10 part-time or term positions for faculty. 
(2) ARTIFICIAL
INTELLIGENCE
AND
MACHINE
LEARNING.— 
Of the positions established under paragraph (1), not fewer 
than five such positions shall be reserved for faculty who will 
conduct research in the area of artificial intelligence and 
machine learning. 
(e) AUTHORITIES.—In carrying out the program under sub-
section (a), the Secretary of Defense, or the head of an organization 
in the Defense science and technology enterprise, as applicable, 
may— 
(1) use any hiring authority available to the Secretary 
or the head of such organization, including— 
(A) any hiring authority available under a laboratory 
demonstration program, including the hiring authority pro-
vided under section 2358a of title 10, United States Code; 
(B) direct hiring authority under section 1599h of title 
10, United States Code; and 
(C) expert hiring authority under section 3109 of title 
5, United States Code; 
(2) enter into cooperative research and development agree-
ments under section 12 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a) to enable the sharing 
of research and expertise with institutions of higher education 
and the private sector; and 
(3) pay referral bonuses to faculty or students participating 
in the program who identify— 
(A) students to assist in a research project under the 
program; or 
(B) students or recent graduates to participate in other 
programs in the Defense science and technology enterprise, 
including internships at Department of Defense labora-
tories and in the Pathways Program of the Department. 
(f) ANNUAL REPORTS.— 
(1) INITIAL
REPORT.—Not later than 30 days after the 
conclusion of the first year of the program under subsection 
(a), the Secretary of Defense shall submit to the congressional 
defense committees a report on the status of the program. 
The report shall include— 
(A) identification of the number of faculty and students 
employed under the program; 
(B) identification of the organizations in the Defense 
science and technology enterprise that employed such 
individuals; and 
(C) a description of the types of research conducted 
by such individuals. 
(2) SUBSEQUENT REPORTS.—Not later than 30 days after 
the conclusion of the second and third years of the program 
under subsection (a), the Secretary of Defense shall submit
H. R. 6395—108 
to the congressional defense committees a report on the 
progress of the program. Each report shall include— 
(A) the information described in subparagraphs (A) 
through (C) of paragraph (1); 
(B) the results of any research projects conducted under 
the program; and 
(C) the number of students and recent graduates who, 
pursuant to a reference from a faculty member or student 
participating in the program as described in subsection 
(e)(3), were hired by the Department of Defense or selected 
for participation in another program in the Defense science 
and technology enterprise. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Defense science and technology enterprise’’ 
means— 
(A) the research organizations of the military depart-
ments; 
(B) the science and technology reinvention laboratories 
(as designated under section 1105 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 10 U.S.C. 2358 note)); 
(C) the facilities of the Major Range and Test Facility 
Base (as defined in section 2358a(f)(3) of title 10, United 
States Code); and 
(D) the Defense Advanced Research Projects Agency. 
(2) The term ‘‘faculty’’ means an individual who serves 
as a professor, researcher, or instructor at an institution of 
higher education. 
(3) The term ‘‘institution of higher education’’ has the 
meaning given that term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
SEC. 250. NATIONAL SECURITY WORKFORCE AND EDUCATIONAL 
DIVERSITY ACTIVITIES. 
(a) IN GENERAL.—The Secretary of Defense shall seek to diver-
sify participation in the Science, Mathematics, and Research for 
Transformation (SMART) Defense Education Program under section 
2192a of title 10, United States Code. 
(b) ACTIVITIES.—In carrying out subsection (a), the Secretary 
shall— 
(1) subject to the availability of appropriations for this 
purpose, set aside funds for financial assistance, scholarships, 
and fellowships for students at historically Black colleges or 
universities or at minority institutions of higher education and 
such other institutions as the Secretary considers appropriate; 
(2) partner with institutions of higher education, and such 
other public and private sector organizations as the Secretary 
considers appropriate, to increase diversity of participants in 
the program described in subsection (a); 
(3) establish individual and organizational incentives, and 
such other activities as the Secretary considers appropriate, 
to increase diversity of student participation in the program 
described in subsection (a); 
(4) increase awareness of opportunities to participate in 
the program described in subsection (a); 
(5) evaluate the potential for new programs, fellowships, 
and other activities at historically Black colleges or universities
H. R. 6395—109 
and minority institutions of higher education to increase diver-
sity in educational and workforce development programs; 
(6) identify potential changes to the program described 
in subsection (a) that would improve diversity of participants 
in such program; and 
(7) establish metrics to evaluate success of activities under 
this section. 
(c) REPORT.—Not later than September 30, 2024, the Secretary 
of Defense shall submit to the congressional defense committees 
a report that evaluates the success of activities conducted by the 
Secretary in increasing diversity in appropriate programs of the 
Department of Defense and hiring and retaining diverse individuals 
in the science, mathematics, and research workforce of the public 
sector. 
SEC. 251. COORDINATION OF SCHOLARSHIP AND EMPLOYMENT PRO-
GRAMS OF THE DEPARTMENT OF DEFENSE. 
(a) ESTABLISHMENT OR DESIGNATION OF ORGANIZATION.—The 
Secretary of Defense shall establish or designate an organization 
within the Department of Defense which shall have primary respon-
sibility for building cohesion and collaboration across the various 
scholarship and employment programs of the Department. 
(b) DUTIES.—The organization established or designated under 
subsection (a) shall have the following duties: 
(1) To establish an interconnected network and database 
across the scholarship and employment programs of the Depart-
ment. 
(2) To aid in matching scholarships to individuals pursuing 
courses of study in high demand skill areas. 
(3) To build a network of current and former program 
participants for potential engagement or employment with 
Department activities. 
(c) ANNUAL LISTING.—On an annual basis, the organization 
established or designated under subsection (a) shall publish, on 
a publicly accessible website of the Department, a listing of scholar-
ship and employment programs carried out by the Department. 
SEC. 252. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING 
HIGH QUALITY TALENT IN THE DEPARTMENT OF DEFENSE. 
(a) STUDY REQUIRED.—The Secretary of Defense shall enter 
into an agreement with an independent academic institution to 
conduct a study to develop policy options and recommendations 
for the establishment of a program to attract and retain covered 
individuals for employment in the Department of Defense. 
(b) ELEMENTS.—The study required under subsection (a) shall 
include the following: 
(1) An analysis of mechanisms the Department may use 
to engage public and private sector organizations to assist 
in the identification and recruitment of covered individuals 
for employment in the Department of Defense. 
(2) Identification of statutory, regulatory, and organiza-
tional barriers to the development of the program described 
in subsection (a). 
(3) An analysis of monetary and nonmonetary incentives 
that may be provided to retain covered individuals in positions 
in the Department. 
(4) An analysis of methods that may be implemented to 
ensure appropriate vetting of covered individuals.
H. R. 6395—110 
(5) An analysis of the size of a program required to advance 
the competitiveness of the research, development, test, and 
evaluation efforts of the Department in the critical technologies 
identified in the National Defense Strategy. 
(6) The type and amount of resources required to implement 
the program described in subsection (a). 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than February 1, 2021, the 
Secretary shall submit to the congressional defense committees 
a report on the plan of the Secretary to execute the study 
required under subsection (a). 
(2) FINAL REPORT.—Not later than February 1, 2022, the 
Secretary shall submit to the congressional defense committees 
a report on the results of the study conducted under subsection 
(a). 
(d) COVERED INDIVIDUAL DEFINED.—In this section, the term 
‘‘covered individual’’ means an individual who— 
(1) is engaged in work to promote and protect the national 
security of the United States; 
(2) is engaged in basic or applied research, funded by 
the Department of Defense; and 
(3) possesses scientific or technical expertise that will 
advance the development of critical technologies identified in 
the National Defense Strategy or the National Defense Science 
and Technology Strategy, required by section 218 of the John 
S. McCain National Defense Authorization Act for Fiscal Year 
2019 (Public Law 115–232; 132 Stat. 1679). 
Subtitle E—Sustainable Chemistry 
SEC. 261. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEM-
ISTRY. 
(a) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this title, the Director of the Office of Science 
and Technology Policy shall convene an interagency entity (referred 
to in this subtitle as the ‘‘Entity’’) under the National Science 
and Technology Council with the responsibility to coordinate Fed-
eral programs and activities in support of sustainable chemistry, 
including those described in sections 263 and 264. 
(b) COORDINATION WITH EXISTING GROUPS.—In convening the 
Entity, the Director of the Office of Science and Technology Policy 
shall consider overlap and possible coordination with existing 
committees, subcommittees, or other groups of the National Science 
and Technology Council, such as— 
(1) the Committee on Environment; 
(2) the Committee on Technology; 
(3) the Committee on Science; or 
(4) related groups or subcommittees. 
(c) CO-CHAIRS.—The Entity shall be co-chaired by the Director 
of the Office of Science and Technology Policy and a representative 
from the Environmental Protection Agency, the National Institute 
of Standards and Technology, the National Science Foundation, 
or the Department of Energy, as selected by the Director of the 
Office of Science and Technology Policy.
H. R. 6395—111 
(d) AGENCY PARTICIPATION.—The Entity shall include rep-
resentatives, including subject matter experts, from the Environ-
mental Protection Agency, the National Institute of Standards and 
Technology, the National Science Foundation, the Department of 
Energy, the Department of Agriculture, the Department of Defense, 
the National Institutes of Health, the Centers for Disease Control 
and Prevention, the Food and Drug Administration, and other 
related Federal agencies, as appropriate. 
(e) TERMINATION.—The Entity shall terminate on the date that 
is 10 years after the date of the enactment of this Act. 
SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY. 
(a) STRATEGIC PLAN.—Not later than 2 years after the date 
of the enactment of this subtitle, the Entity shall— 
(1) consult with relevant stakeholders, including represent-
atives from industry, academia, national labs, the Federal 
Government, and international entities, to develop and update, 
as needed, a consensus definition of ‘‘sustainable chemistry’’ 
to guide the activities under this subtitle; 
(2) develop a working framework of attributes character-
izing, and metrics for assessing, sustainable chemistry, as 
described in subsection (b); 
(3) assess the state of sustainable chemistry in the United 
States as a key benchmark from which progress under the 
activities described in this title can be measured, including 
assessing key sectors of the United States economy, key tech-
nology platforms, commercial priorities, and barriers to innova-
tion; 
(4) coordinate and support Federal research, development, 
demonstration, technology transfer, commercialization, edu-
cation, and training efforts in sustainable chemistry, including 
budget coordination and support for public-private partner-
ships, as appropriate; 
(5) identify any Federal regulatory barriers to, and 
opportunities for, Federal agencies facilitating the development 
of incentives for development, consideration, and use of sustain-
able chemistry processes and products; 
(6) identify major scientific challenges, roadblocks, and hur-
dles to transformational progress in improving the sustain-
ability of the chemical sciences; and 
(7) review, identify, and make effort to eliminate duplica-
tive Federal funding and duplicative Federal research in 
sustainable chemistry. 
(b) CHARACTERIZING
AND
ASSESSING
SUSTAINABLE
CHEM-
ISTRY.—The Entity shall develop a working framework of attributes 
characterizing, and metrics for assessing, sustainable chemistry 
for the purposes of carrying out this subtitle. In developing this 
framework, the Entity shall— 
(1) seek advice and input from stakeholders as described 
in subsection (c); 
(2) 
consider 
existing 
definitions 
of, 
or 
frameworks 
characterizing and metrics for assessing, sustainable chemistry 
already in use at Federal agencies; 
(3) 
consider 
existing 
definitions 
of, 
or 
frameworks 
characterizing and metrics for assessing, sustainable chemistry 
already in use by international organizations of which the
H. R. 6395—112 
United States is a member, such as the Organisation for Eco-
nomic Co-operation and Development; and 
(4) consider any other appropriate existing definitions of, 
or frameworks characterizing and metrics for assessing, 
sustainable chemistry. 
(c) CONSULTATION.—In carrying out the duties described in 
subsections (a) and (b), the Entity shall consult with stakeholders 
qualified to provide advice and information to guide Federal activi-
ties related to sustainable chemistry through workshops, requests 
for information, or other mechanisms as necessary. The stake-
holders shall include representatives from— 
(1) business and industry, including trade associations and 
small- and medium-sized enterprises from across the value 
chain; 
(2) the scientific community, including the National Acad-
emies of Sciences, Engineering, and Medicine, scientific profes-
sional societies, national labs, and academia; 
(3) the defense community; 
(4) State, tribal, and local governments, including non-
regulatory State or regional sustainable chemistry programs, 
as appropriate; 
(5) nongovernmental organizations; and 
(6) other appropriate organizations. 
(d) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of the enactment of this Act, the Entity shall submit a report 
to the Committee on Environment and Public Works, the Com-
mittee on Commerce, Science, and Transportation, the Com-
mittee on Agriculture, Nutrition, and Forestry, the Committee 
on Health, Education, Labor, and Pensions, and the Committee 
on Appropriations of the Senate, and the Committee on Science, 
Space, and Technology, the Committee on Energy and Com-
merce, the Committee on Agriculture, the Committee on Edu-
cation and Labor, and the Committee on Appropriations of 
the House of Representatives. In addition to the elements 
described in subsections (a) and (b), the report shall include— 
(A) a summary of federally funded sustainable chem-
istry research, development, demonstration, technology 
transfer, commercialization, education, and training activi-
ties; 
(B) a summary of the financial resources allocated 
to sustainable chemistry initiatives by each participating 
agency; 
(C) an assessment of the current state of sustainable 
chemistry in the United States, including the role that 
Federal agencies are playing in supporting it; 
(D) an analysis of the progress made toward achieving 
the goals and priorities of this subtitle, and recommenda-
tions for future program activities; 
(E) an evaluation of steps taken and future strategies 
to avoid duplication of efforts, streamline interagency 
coordination, facilitate information sharing, and spread 
best practices among participating agencies; and 
(F) an evaluation of duplicative Federal funding and 
duplicative Federal research in sustainable chemistry, 
efforts undertaken by the Entity to eliminate duplicative
H. R. 6395—113 
funding and research, and recommendations on how to 
achieve these goals. 
(2) SUBMISSION TO GAO.—The Entity shall also submit the 
report described in paragraph (1) to the Comptroller General 
of the United States for consideration in future Congressional 
inquiries. 
(3) ADDITIONAL REPORTS.—The Entity shall submit a report 
to Congress and the Comptroller General of the United States 
that incorporates the information described in subparagraphs 
(A), (B), (D), (E), and (F) of paragraph (1) every 3 years, 
commencing after the initial report is submitted until the Entity 
terminates. 
SEC. 263. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEM-
ISTRY. 
(a) IN GENERAL.—The agencies participating in the Entity shall 
carry out activities in support of sustainable chemistry, as appro-
priate to the specific mission and programs of each agency. 
(b) ACTIVITIES.—The activities described in subsection (a) 
shall— 
(1) incorporate sustainable chemistry into existing research, 
development, demonstration, technology transfer, commer-
cialization, education, and training programs, that the agency 
determines to be relevant, including consideration of— 
(A) merit-based competitive grants to individual inves-
tigators and teams of investigators, including, to the extent 
practicable, early career investigators, for research and 
development; 
(B) grants to fund collaborative research and develop-
ment partnerships among universities, industry, and non-
profit organizations; 
(C) coordination of sustainable chemistry research, 
development, demonstration, and technology transfer con-
ducted at Federal laboratories and agencies; 
(D) incentive prize competitions and challenges in 
coordination with such existing Federal agency programs; 
and 
(E) grants, loans, and loan guarantees to aid in the 
technology transfer and commercialization of sustainable 
chemicals, materials, processes, and products; 
(2) collect and disseminate information on sustainable 
chemistry research, development, technology transfer, and 
commercialization, including information on accomplishments 
and best practices; 
(3) expand the education and training of students at appro-
priate levels of education, professional scientists and engineers, 
and other professionals involved in all aspects of sustainable 
chemistry and engineering appropriate to that level of education 
and training, including through— 
(A) partnerships with industry as described in section 
264; 
(B) support for the integration of sustainable chemistry 
principles into chemistry and chemical engineering cur-
riculum and research training, as appropriate to that level 
of education and training; and 
(C) support for integration of sustainable chemistry 
principles into existing or new professional development
H. R. 6395—114 
opportunities for professionals including teachers, faculty, 
and individuals involved in laboratory research (product 
development, materials specification and testing, life cycle 
analysis, and management); 
(4) as relevant to an agency’s programs, examine methods 
by which the Federal agencies, in collaboration and consultation 
with the National Institute of Standards and Technology, may 
facilitate the development or recognition of validated, standard-
ized tools for performing sustainability assessments of chem-
istry processes or products; 
(5) through programs identified by an agency, support, 
including through technical assistance, participation, financial 
support, communications tools, awards, or other forms of sup-
port, outreach and dissemination of sustainable chemistry 
advances such as non-Federal symposia, forums, conferences, 
and publications in collaboration with, as appropriate, industry, 
academia, scientific and professional societies, and other rel-
evant groups; 
(6) provide for public input and outreach to be integrated 
into the activities described in this section by the convening 
of public discussions, through mechanisms such as public 
meetings, consensus conferences, and educational events, as 
appropriate; 
(7) within each agency, develop or adapt metrics to track 
the outputs and outcomes of the programs supported by that 
agency; and 
(8) incentivize or recognize actions that advance sustainable 
chemistry products, processes, or initiatives, including through 
the establishment of a nationally recognized awards program 
through the Environmental Protection Agency to identify, pub-
licize, and celebrate innovations in sustainable chemistry and 
chemical technologies. 
(c) LIMITATIONS .—Financial support provided under this sec-
tion shall— 
(1) be available only for pre-competitive activities; and 
(2) not be used to promote the sale of a specific product, 
process, or technology, or to disparage a specific product, 
process, or technology. 
SEC. 264. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY. 
(a) IN GENERAL.—The agencies participating in the Entity may 
facilitate and support, through financial, technical, or other assist-
ance, the creation of partnerships between institutions of higher 
education, nongovernmental organizations, consortia, or companies 
across the value chain in the chemical industry, including small- 
and medium-sized enterprises, to— 
(1) create collaborative sustainable chemistry research, 
development, demonstration, technology transfer, and commer-
cialization programs; and 
(2) train students and retrain professional scientists, engi-
neers, and others involved in materials specification on the 
use of sustainable chemistry concepts and strategies by 
methods, including— 
(A) developing or recognizing curricular materials and 
courses for undergraduate and graduate levels and for the 
professional development of scientists, engineers, and 
others involved in materials specification; and
H. R. 6395—115 
(B) publicizing the availability of professional develop-
ment courses in sustainable chemistry and recruiting 
professionals to pursue such courses. 
(b) PRIVATE SECTOR PARTICIPATION.—To be eligible for support 
under this section, a partnership in sustainable chemistry shall 
include at least one private sector organization. 
(c) SELECTION OF PARTNERSHIPS.—In selecting partnerships for 
support under this section, the agencies participating in the Entity 
shall also consider the extent to which the applicants are willing 
and able to demonstrate evidence of support for, and commitment 
to, the goals outlined in the strategic plan and report described 
in section 262. 
(d) PROHIBITED USE OF FUNDS.—Financial support provided 
under this section may not be used— 
(1) to support or expand a regulatory chemical management 
program at an implementing agency under a State law; 
(2) to construct or renovate a building or structure; or 
(3) to promote the sale of a specific product, process, or 
technology, or to disparage a specific product, process, or tech-
nology. 
SEC. 265. PRIORITIZATION. 
In carrying out this subtitle, the Entity shall focus its support 
for sustainable chemistry activities on those that achieve, to the 
highest extent practicable, the goals outlined in the subtitle. 
SEC. 266. RULE OF CONSTRUCTION. 
Nothing in this subtitle shall be construed to alter or amend 
any State law or action with regard to sustainable chemistry, as 
defined by the State. 
SEC. 267. MAJOR MULTI-USER RESEARCH FACILITY PROJECT. 
Section 110 of the American Innovation and Competitiveness 
Act (42 U.S.C. 1862s–2) is amended by striking (g)(2) and inserting 
the following: 
‘‘(2) MAJOR MULTI-USER RESEARCH FACILITY PROJECT.—The 
term ‘major multi-user research facility project’ means a science 
and engineering facility project that exceeds $100,000,000 in 
total construction, acquisition, or upgrade costs to the Founda-
tion.’’. 
Subtitle F—Plans, Reports, and Other 
Matters 
SEC. 271. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF 
OPERATIONAL TEST AND EVALUATION. 
Section 139(h)(2) of title 10, United States Code, is amended— 
(1) by striking ‘‘Engineering,,’’ and inserting ‘‘Engineering,’’; 
and 
(2) by striking ‘‘, through January 31, 2025’’ and inserting 
‘‘, through January 31, 2026’’. 
SEC. 272. MODIFICATION TO TEST RESOURCE MANAGEMENT CENTER 
STRATEGIC PLAN REPORTING CYCLE AND CONTENTS. 
(a) QUADRENNIAL STRATEGIC PLAN.—Section 196 of title 10, 
United States Code, is amended—
H. R. 6395—116 
(1) in subsections (c)(1)(C) and (e)(2)(B), by inserting 
‘‘quadrennial’’ before ‘‘strategic plan’’; and 
(2) in subsection (d)— 
(A) in the heading, by inserting ‘‘QUADRENNIAL’’ before 
‘‘STRATEGIC PLAN’’; and 
(B) by inserting ‘‘quadrennial’’ before ‘‘strategic plan’’ 
each place it occurs. 
(b) TIMING AND COVERAGE OF PLAN.—Subsection (d)(1) of such 
section, as amended by subsection (a)(2), is further amended, in 
the first sentence, by striking ‘‘two fiscal years’’ and inserting ‘‘four 
fiscal years, and within one year after release of the National 
Defense Strategy,’’. 
(c) AMENDMENT TO CONTENTS OF PLAN.—Subsection (d)(2)(C) 
of such section is amended by striking ‘‘based on current’’ and 
all that follows through the end and inserting ‘‘for test and evalua-
tion of the Department of Defense major weapon systems based 
on current and emerging threats.’’. 
(d) ANNUAL UPDATE TO PLAN.—Subsection (d) of such section 
is amended by adding at the end the following new paragraph: 
‘‘(5)(A) In addition to the quadrennial strategic plan completed 
under paragraph (1), the Director of the Department of Defense 
Test Resource Management Center shall also complete an annual 
update to the quadrennial strategic plan. 
‘‘(B) Each annual update completed under subparagraph (A) 
shall include the following: 
‘‘(i) A summary of changes to the assessment provided 
in the most recent quadrennial strategic plan. 
‘‘(ii) Comments and recommendations the Director con-
siders appropriate. 
‘‘(iii) Test and evaluation challenges raised since the 
completion of the most recent quadrennial strategic plan. 
‘‘(iv) Actions taken or planned to address such challenges.’’. 
(e) TECHNICAL CORRECTION.—Subsection (d)(1) of such, as 
amended by subsections (a)(2) and (b), is further amended by 
striking ‘‘Test Resources Management Center’’ and inserting ‘‘Test 
Resource Management Center’’. 
SEC. 
273. 
MODIFICATION 
OF 
REQUIREMENTS 
RELATING 
TO 
ENERGETICS PLAN TO INCLUDE ASSESSMENT OF FEASI-
BILITY AND ADVISABILITY OF ESTABLISHING A PROGRAM 
OFFICE FOR ENERGETICS. 
Section 253(a) of the National Defense Authorization Act for 
Fiscal Year 2020 (133 Stat. 1287; Public Law 116–92) is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and inserting 
a semicolon; and 
(2) in paragraph (3), by striking the period and inserting 
‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(4) assesses the feasibility and advisability of establishing 
a program office— 
‘‘(A) to coordinate energetics research; and 
‘‘(B) to ensure a robust and sustained energetics mate-
rial enterprise.’’.
H. R. 6395—117 
SEC. 274. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND 
TECHNOLOGY ACTIVITIES ON WORK WITH ACADEMIC CON-
SORTIA ON HIGH PRIORITY CYBERSECURITY RESEARCH 
ACTIVITIES IN DEPARTMENT OF DEFENSE CAPABILITIES. 
Section 257(b)(2) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1291) is amended 
by adding at end the following new subparagraph: 
‘‘(J) Efforts to work with academic consortia on high 
priority cybersecurity research activities.’’. 
SEC. 275. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY 
MANNED FIGHTING VEHICLE PROGRAM. 
Section 261 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public law 116–92; 133 Stat. 1294) is repealed. 
SEC. 276. MICROELECTRONICS AND NATIONAL SECURITY. 
Section 231 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘, in collaboration with the Under 
Secretary of Defense for Acquisition and Sustainment, the 
Under Secretary for Research and Engineering, and the 
Director of the Defense Advanced Research Projects 
Agency,’’ after ‘‘shall’’; and 
(B) by striking ‘‘September 30, 2019’’ and inserting 
‘‘June 1, 2021’’; 
(2) in subsection (b), by adding at the end the following 
new paragraphs: 
‘‘(10) An approach to ensuring the continuing production 
of cutting-edge microelectronics for national security needs, 
including access to state-of-the-art node sizes through commer-
cial manufacturing, heterogeneous integration, advantaged 
sensor manufacturing, boutique chip designs, and variable 
volume production capabilities. 
‘‘(11) An assessment of current microelectronics supply 
chain management best practices, including— 
‘‘(A) intellectual property controls; 
‘‘(B) international standards; 
‘‘(C) guidelines of the National Institute of Standards 
and Technology; 
‘‘(D) product traceability and provenance; and 
‘‘(E) location of design, manufacturing, and packaging 
facilities. 
‘‘(12) An assessment of existing risks to the current micro-
electronics supply chain. 
‘‘(13) A description of actions that may be carried out 
by the defense industrial base to implement best practices 
described in paragraph (11) and mitigate risks described in 
paragraph (12). 
‘‘(14) A plan for increasing commercialization of intellectual 
property developed by the Department of Defense for commer-
cial microelectronics research and development. 
‘‘(15) An assessment of the feasibility, usefulness, efficacy, 
and cost of—
H. R. 6395—118 
‘‘(A) developing a national laboratory exclusively 
focused on the research and development of microelec-
tronics to serve as a center for Federal Government exper-
tise in high-performing, trusted microelectronics and as 
a hub for Federal Government research into breakthrough 
microelectronics-related technologies; and 
‘‘(B) incorporating into such national laboratory a 
commercial incubator to provide early-stage microelec-
tronics startups, which face difficulties scaling due to the 
high costs of microelectronics design and fabrication, with 
access to funding resources, fabrication facilities, design 
tools, and shared intellectual property. 
‘‘(16) The development of multiple models of public-private 
partnerships to execute the strategy, including in-depth anal-
ysis of establishing a semiconductor manufacturing corporation 
to leverage private sector technical, managerial, and investment 
expertise, and private capital, that would have the authority 
and funds to provide grants or approve investment tax credits, 
or both, to implement the strategy. 
‘‘(17) Processes and criteria for competitive selection of 
commercial companies, including companies headquartered in 
countries that are allies or partners with the United States, 
to provide design, foundry and assembly, and packaging serv-
ices and to build and operate the industrial capabilities associ-
ated with such services. 
‘‘(18) The role that other Federal agencies should play 
in organizing and supporting the strategy, including any 
required direct or indirect funding support, or legislative and 
regulatory 
actions, 
including 
restricting 
procurement 
to 
domestic sources, and providing antitrust and export control 
relief. 
‘‘(19) All potential funding sources and mechanisms for 
initial and sustaining investments in microelectronics. 
‘‘(20) Such other matters as the Secretary of Defense deter-
mines to be relevant.’’; 
(3) in subsection (d), by striking ‘‘September 30, 2019’’ 
and inserting ‘‘June 1, 2021’’; 
(4) in subsection (e), by striking ‘‘September 30, 2020’’ 
and inserting ‘‘June 1, 2021’’; and 
(5) by redeignating subsection (f) as subsection (g); 
(6) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) SUBMISSION.—Not later than June 1, 2021, the Secretary 
of Defense shall submit the strategy required in subsection (a), 
along with any views and recommendations and an estimated 
budget to implement the strategy, to the President, the National 
Security Council, and the National Economic Council.’’. 
SEC. 277. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND 
DIAGNOSTIC TESTING EQUIPMENT. 
(a) INDEPENDENT
EVALUATION
REQUIRED.—The Director of 
Operational Test and Evaluation shall conduct an independent 
evaluation of whether covered personal protective and diagnostic 
testing equipment is operationally effective and suitable to satisfy 
the specific needs and required protection of the workforce of the 
Department of Defense.
H. R. 6395—119 
(b) AVAILABILITY OF INFORMATION.—The Secretary of Defense 
shall provide the Director of Operational Test and Evaluation with 
such information as may be necessary for the Director to conduct 
the evaluations required under subsection (a). 
(c) REPORT TO CONGRESS.—Not later than 90 days after the 
completion of each evaluation under subsection (a), the Director 
of Operational Test and Evaluation shall submit to the congres-
sional defense committees a report on the results of the evaluation. 
(d) COVERED PERSONAL PROTECTIVE AND DIAGNOSTIC TESTING 
EQUIPMENT DEFINED.—In this section, the term ‘‘covered personal 
protective and diagnostic testing equipment’’ means any personal 
protective equipment or diagnostic testing equipment developed, 
acquired, or used by the Department of Defense— 
(1) in response to COVID–19; or 
(2) as part of any follow-on, long-term acquisition and 
distribution program for such equipment. 
SEC. 278. ASSESSMENT ON UNITED STATES NATIONAL SECURITY 
EMERGING BIOTECHNOLOGY EFFORTS AND CAPABILITIES 
AND COMPARISON WITH ADVERSARIES. 
(a) ASSESSMENT AND COMPARISON REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense, acting through 
the Under Secretary of Defense for Research and Engineering 
and the Under Secretary of Defense for Intelligence and Secu-
rity, shall conduct an assessment and direct comparison of 
capabilities in emerging biotechnologies for national security 
purposes, including applications in material, manufacturing, 
and health, between the capabilities of the United States and 
the capabilities of adversaries of the United States. 
(2) ELEMENTS.—The assessment and comparison carried 
out under paragraph (1) shall include the following: 
(A) An evaluation of the quantity, quality, and progress 
of United States fundamental and applied research for 
emerging biotechnology initiatives for national security pur-
poses. 
(B) An assessment of the resourcing of United States 
efforts to harness emerging biotechnology capabilities for 
national security purposes, including the supporting facili-
ties, test infrastructure, and workforce. 
(C) An intelligence assessment of adversary emerging 
biotechnology capabilities and research as well as an 
assessment of adversary intent and willingness to use 
emerging biotechnologies for national security purposes. 
(D) An assessment of the analytic and operational sub-
ject matter expertise necessary to assess rapidly-evolving 
foreign military developments in biotechnology, and the 
current state of the workforce in the intelligence commu-
nity. 
(E) Recommendations to improve and accelerate United 
States capabilities in emerging biotechnologies and the 
associated intelligence community expertise. 
(F) Such other matters as the Secretary considers 
appropriate. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than February 1, 2021, the 
Secretary shall submit to the congressional defense committees 
a report on the assessment carried out under subsection (a).
H. R. 6395—120 
(2) FORM.—The report submitted under paragraph (1) shall 
be submitted in the following formats— 
(A) unclassified form, which may include a classified 
annex; and 
(B) publically releasable form, representing appropriate 
information from the report under subparagraph (A). 
(c) DEFINITION OF INTELLIGENCE COMMUNITY.—In this section, 
the term ‘‘intelligence community’’ has the meaning given such 
term in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003). 
SEC. 279. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE 
DEPARTMENT OF DEFENSE. 
(a) REPORTS REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, and not later than 120 days after 
the end of each fiscal years 2021, 2022, and 2023, the Secretary 
of Defense, after consultation with the Secretary of each military 
department, shall submit to Congress a report that describes the 
following: 
(1) The ways in which the Department of Defense is using 
incentives under section 9(y)(6)(B) of the Small Business Act 
(15 U.S.C. 638(y)(6)(B)) to increase the number of Phase II 
SBIR contracts that lead to technology transition into programs 
of record or fielded systems. 
(2) The extent to which the Department has developed 
simplified and standardized procedures and model contracts 
throughout the agency for Phase I, Phase II, and Phase III 
SBIR awards, as required under section 9(hh)(2)(A)(i) of the 
Small Business Act (15 U.S.C. 638(hh)(2)(A)(i)). 
(3) The extent to which any incentives described in this 
section and implemented by the Secretary of Defense have 
resulted in an increased number of Phase II contracts under 
the SBIR program of the Department of Defense leading to 
technology transition into programs of record or fielded systems. 
(4) The extent to which Phase I, Phase II, and Phase 
III projects under the SBIR program of the Department align 
with the modernization priorities of the Department. 
(5) Actions taken to ensure that the SBIR program of 
the Department aligns with the goals of the program, namely— 
(A) to stimulate technological innovation; 
(B) to meet Federal research and development needs; 
(C) to foster and encourage participation in innovation 
and entrepreneurship by women and socially or economi-
cally disadvantaged individuals; and 
(D) to increase private-sector commercialization of 
innovations derived from Federal research and develop-
ment funding. 
(6) Any other action taken, and proposed to be taken, 
to increase the number of Department Phase II SBIR contracts 
leading to technology transition into programs of record or 
fielded systems. 
(b) SBIR DEFINED.—In this section, the term ‘‘SBIR’’ has the 
meaning given the term in section 9(e) of the Small Business 
Act (15 U.S.C. 638(e)). 
SEC. 280. REPORTS ON F–35 PHYSIOLOGICAL EPISODES AND MITIGA-
TION EFFORTS. 
(a) STUDY AND REPORT.—
H. R. 6395—121 
(1) IN
GENERAL.—The Under Secretary of Defense for 
Acquisition and Sustainment shall conduct a study to determine 
the underlying causes of physiological episodes affecting crew-
members of F–35 aircraft. 
(2) ELEMENTS.—The study under subsection (a) shall 
include— 
(A) an examination of each physiological episode 
reported by a crewmember of an F–35 aircraft as of the 
date of the enactment of this Act; 
(B) a determination as to the underlying cause of the 
episode; and 
(C) an examination of— 
(i) any long-term effects, including potential long- 
term effects, of the episode; and 
(ii) any additional care an affected crewmember 
may need. 
(3) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Under Secretary of Defense 
for Acquisition and Sustainment shall submit to the congres-
sional defense committees a report that includes— 
(A) the results the study conducted under subsection 
(a), including a description of each physiological episode 
examined under the study and an explanation of the under-
lying cause of the episode; 
(B) a description of any actions that may be taken 
to address the underlying causes of such episodes, including 
any resources that may be required to carry out such 
actions; and 
(C) any other findings and recommendations of the 
study. 
(b) ANNUAL REPORTS ON MITIGATION EFFORTS.—The Secretary 
of Defense, in consultation with the Under Secretary of Defense 
for Acquisition and Sustainment, shall include with the annual 
report required by section 224(d) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2059), 
a detailed description of— 
(1) the efforts of the Department of Defense to address 
physiological episodes affecting crewmembers of F–35 aircraft; 
and 
(2) the funding allocated for such efforts. 
SEC. 281. REVIEW AND REPORT ON NEXT GENERATION AIR DOMI-
NANCE CAPABILITIES. 
(a) REVIEWS.— 
(1) IN
GENERAL.—The Director of Cost Assessment and 
Program Evaluation shall conduct— 
(A) a non-advocate review of the next generation air 
dominance initiative of the Air Force; 
(B) a non-advocate review of the next generation air 
dominance initiative of the Navy; and 
(C) a non-advocate review of the business case analysis 
developed by the Assistant Secretary of the Air Force for 
Acquisition, Technology, and Logistics regarding the Digital 
Century Series Aircraft acquisition strategy of the Air 
Force. 
(2) ELEMENTS.—(A) The reviews under paragraphs (1)(A) 
and (1)(B) shall include an assessment of—
H. R. 6395—122 
(i) all risks associated with cost, schedule, development, 
integration, production, fielding, and sustainment of next 
generation air dominance capabilities; 
(ii) the technological maturity of significant hardware 
and software efforts planned or carried out as part of 
the development of such capabilities; and 
(iii) affordability goals that the Air Force and the Navy 
(as the case may be) will be required to achieve during 
development, production, and sustainment activities for 
such capabilities that will not jeopardize or otherwise be 
detrimental to other high-priority future capabilities being 
developed and procured to support and execute other pri-
mary core competencies and missions. 
(B) The review under paragraph (1)(C) shall include an 
assessment of— 
(i) methods, objectives, risks, ground rules, and 
assumptions; 
(ii) validity, accuracy, and deficiencies in knowledge 
and data used in support of the analysis; 
(iii) financial and nonfinancial business benefits and 
impacts; 
(iv) likelihood of risks to materialize; and 
(v) conclusions, recommendations, and any other 
information the Director believes to be relevant to the 
review. 
(b) REPORTS.—The Director of Cost Assessment and Program 
Evaluation shall submit to the congressional defense committees— 
(1) a report on the results of the review conducted under 
subsection (a)(1)(A) with respect to the Air Force; 
(2) a report on the results of the review conducted under 
subsection (a)(1)(B) with respect to the Navy; and 
(3) a report on the results of the review conducted under 
subsection (a)(1)(C). 
SEC. 282. PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION 
OF SYSTEMS FOR LOW-COST ATTRIBUTABLE AIRCRAFT 
TECHNOLOGY PROGRAM. 
Not later than March 1, 2021, the Assistant Secretary of the 
Air Force for Acquisition, Technology, and Logistics shall— 
(1) submit to the congressional defense committees an 
executable plan for the operational test and utility evaluation 
of systems for the Low-Cost Attributable Aircraft Technology 
(LCAAT) program of the Air Force; and 
(2) provide to the congressional defense committees a 
briefing on the plan so submitted. 
SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY 
CHINA AND THE UNITED STATES TO RECRUIT AND RETAIN 
RESEARCHERS IN NATIONAL SECURITY-RELATED AND 
DEFENSE-RELATED FIELDS. 
(a) AGREEMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall seek to 
enter into an agreement with the National Academies of 
Sciences, Engineering, and Medicine for the National Acad-
emies of Sciences, Engineering, and Medicine to perform the 
services covered by this section.
H. R. 6395—123 
(2) TIMING.—The Secretary shall seek to enter into the 
agreement described in paragraph (1) not later than 60 days 
after the date of the enactment of this Act. 
(b) REVIEW.— 
(1) IN GENERAL.—Under an agreement between the Sec-
retary and the National Academies of Sciences, Engineering, 
and Medicine under this section, the National Academies of 
Sciences, Engineering, and Medicine shall carry out a compara-
tive analysis of efforts by China and the United States Govern-
ment to recruit and retain domestic and foreign researchers 
and develop recommendations for the Secretary of Defense and 
the heads of other Federal agencies as appropriate. 
(2) ELEMENTS.—The comparative analysis carried out 
under paragraph (1) and the recommendations developed under 
such paragraph shall include the following: 
(A) A list of the ‘‘talent programs’’ used by China 
and a list of the incentive programs used by the United 
States to recruit and retain researchers in fields relating 
to national security or defense research. 
(B) The types of researchers, scientists, other technical 
experts, and fields targeted by each talent program listed 
under subparagraph (A). 
(C) The number of researchers in academia, the 
Department of Defense Science and Technology Reinven-
tion Laboratories, and national security science and 
engineering programs of the National Nuclear Security 
Administration targeted by the talent programs listed 
under subparagraph (A). 
(D) The number of personnel currently participating 
in the talent programs listed under subparagraph (A) and 
the number of researchers currently participating in the 
incentive programs listed under such subparagraph. 
(E) The incentives offered by each of the talent pro-
grams listed under subparagraph (A) and a description 
of the incentives offered through incentive programs under 
such subparagraph to recruit and retain researchers, sci-
entists, and other technical experts. 
(F) A characterization of the national security, eco-
nomic, and scientific benefits China gains through the 
talent programs listed under subparagraph (A) and a 
description of similar gains accrued to the United States 
through incentive programs listed under such subpara-
graph. 
(G) An assessment of the risks to national security 
and benefits to the United States of scientific research 
cooperation between the United States and China, such 
as that which is performed under the agreement between 
the United States and the People’s Republic of China 
known as the ‘‘Agreement between the Government of the 
United States of America and the Government of the Peo-
ple’s Republic of China on Cooperation in Science and 
Technology’’, signed in Washington on January 31, 1979, 
successor agreements, and similar agreements, adminis-
tered by the Secretary of State and the heads of other 
Federal agencies. 
(H) A list of findings and recommendations relating 
to policies that can be implemented by the United States,
H. R. 6395—124 
especially the Department of Defense and other appropriate 
Federal agencies, to improve the relative effectiveness of 
United States activities to recruit and retain researchers, 
scientists, and other technical experts relative to China. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than one year after the date 
of the execution of an agreement under subsection (a), the 
National Academies of Sciences, Engineering, and Medicine 
shall— 
(A) submit to the congressional defense committees 
a report on the findings National Academies of Sciences, 
Engineering, and Medicine with respect to the review car-
ried out under this section and the recommendations devel-
oped under this section; and 
(B) make available to the public on a publicly accessible 
website a version of report that is suitable for public 
viewing. 
(2) FORM.—The report submitted under paragraph (1)(A) 
shall be submitted in unclassified form, but may include a 
classified annex. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Authorization of appropriations. 
Subtitle B—Energy and Environment 
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of 
mission obstructions. 
Sec. 312. Readiness and Environmental Protection Integration Program. 
Sec. 313. Extension of real-time sound monitoring at Navy installations where tac-
tical fighter aircraft operate. 
Sec. 314. Modification of authority for environmental restoration projects of Na-
tional Guard. 
Sec. 315. Modification of authority to carry out military installation resilience 
projects. 
Sec. 316. Energy resilience and energy security measures on military installations. 
Sec. 317. Modification to availability of energy cost savings for Department of De-
fense. 
Sec. 318. Increased transparency through reporting on usage and spills of aqueous 
film-forming foam at military installations. 
Sec. 319. Native American lands environmental mitigation program. 
Sec. 320. Study on alternatives to address impacts of transboundary flows, spills, 
or discharges of pollution or debris from the Tijuana River on personnel, 
activities, and installations of Department of Defense. 
Sec. 321. Pilot program on alternative fuel vehicle purchasing. 
Sec. 322. Budgeting of Department of Defense relating to operational energy im-
provement. 
Sec. 323. Assessment of Department of Defense operational energy usage. 
Sec. 324. Improvement of the Operational Energy Capability Improvement Fund of 
the Department of Defense. 
Sec. 325. Five-year reviews of containment technologies relating to Red Hill Bulk 
Fuel Storage Facility. 
Sec. 326. Limitation on use of funds for acquisition of furnished energy for Rhine 
Ordnance Barracks Army Medical Center. 
Sec. 327. Requirement to update Department of Defense adaptation roadmap. 
Sec. 328. Department of Defense report on greenhouse gas emissions levels. 
Sec. 329. Objectives, performance standards, and criteria for use of wildlife con-
servation banking programs. 
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting agent. 
Sec. 331. Survey of technologies for Department of Defense application in phasing 
out the use of fluorinated aqueous film-forming foam.
H. R. 6395—125 
Sec. 332. Interagency body on research related to per- and polyfluoroalkyl sub-
stances. 
Sec. 333. Restriction on Department of Defense procurement of certain items con-
taining perfluorooctane sulfonate or perfluorooctanoic acid. 
Sec. 334. Research and development of alternative to aqueous film-forming foam. 
Sec. 335. Notification to agricultural operations located in areas exposed to Depart-
ment of Defense PFAS use. 
Sec. 336. Reporting on energy savings performance contracts. 
Sec. 337. Increase in funding for Centers for Disease Control Study on health im-
plications of per- and polyfluoroalkyl substances contamination in drink-
ing water. 
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020. 
Sec. 339. Assessment of Department of Defense excess property programs with re-
spect to need and wildfire risk. 
Subtitle C—Logistics and Sustainment 
Sec. 341. National Defense Sustainment and Logistics Review. 
Sec. 342. Repeal of sunset for minimum annual purchase amount for carriers par-
ticipating in the Civil Reserve Air Fleet. 
Sec. 343. Additional elements for inclusion in Navy ship depot maintenance budget 
report. 
Sec. 344. Clarification of limitation on length of overseas forward deployment of 
currently deployed naval vessels. 
Sec. 345. Independent advisory panel on weapon system sustainment. 
Sec. 346. Biannual briefings on status of Shipyard Infrastructure Optimization 
Plan. 
Sec. 347. Materiel readiness metrics and objectives for major weapon systems. 
Sec. 348. Repeal of statutory requirement for notification to Director of Defense Lo-
gistics Agency three years prior to implementing changes to any uni-
form or uniform component. 
Subtitle D—Munitions Safety and Oversight 
Sec. 351. Chair of Department of Defense explosive safety board. 
Sec. 352. Explosive Ordnance Disposal Defense Program. 
Sec. 353. Assessment of resilience of Department of Defense munitions enterprise. 
Sec. 354. Report on safety waivers and mishaps in Department of Defense muni-
tions enterprise. 
Subtitle E—Other Matters 
Sec. 361. Pilot program for temporary issuance of maternity-related uniform items. 
Sec. 362. Servicewomen’s Commemorative Partnerships. 
Sec. 363. Biodefense analysis and budget submission. 
Sec. 364. Update of National Biodefense Implementation Plan. 
Sec. 365. Plans and reports on emergency response training for military installa-
tions. 
Sec. 366. Inapplicability of congressional notification and dollar limitation require-
ments for advance billings for certain background investigations. 
Sec. 367. Adjustment in availability of appropriations for unusual cost overruns 
and for changes in scope of work. 
Sec. 368. Requirement that Secretary of Defense implement security and emer-
gency response recommendations relating to active shooter or terrorist 
attacks on installations of Department of Defense. 
Sec. 369. Clarification of food ingredient requirements for food or beverages pro-
vided by the Department of Defense. 
Sec. 370. Commission on the naming of items of the Department of Defense that 
commemorate the Confederate States of America or any person who 
served voluntarily with the Confederate States of America. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2021 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, as specified in the 
funding table in section 4301.
H. R. 6395—126 
Subtitle B—Energy and Environment 
SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE 
CLEARINGHOUSE FOR REVIEW OF MISSION OBSTRUC-
TIONS. 
Section 183a(c) of title 10, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘If the Clearinghouse’’ and inserting 
‘‘(A) If the Clearinghouse’’; and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(B) After the Clearinghouse issues a notice under subpara-
graph (A) with respect to an energy project, the parties should 
seek to identify feasible and affordable actions that can be 
taken by the Department, the developer of such energy project, 
or others to mitigate any adverse impact on military operations 
and readiness.’’; 
(2) by redesignating paragraphs (4) through (6) as para-
graphs (5) through (7), respectively; 
(3) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4) If, after issuing the notices of presumed risk required 
by paragraphs (2) and (3), the Secretary of Defense later concludes 
for any reason that the energy project will not have an adverse 
impact on military readiness, the Clearinghouse shall notify the 
applicant and the governor in writing of that conclusion.’’; and 
(4) in paragraph (7), as so redesignated, by striking ‘‘Any 
setback for a project pursuant to the previous sentence shall 
not be more than what is determined to be necessary by a 
technical analysis conducted by the Lincoln Laboratory at the 
Massachusetts Institute of Technology or any successor entity.’’. 
SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION INTEGRA-
TION PROGRAM. 
(a) USE OF FUNDS.—Section 2684a(i) of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(3) Funds obligated to carry out an agreement under this 
section shall be available for use with regard to any property 
in the geographic scope specified in the agreement— 
‘‘(A) at the time the funds are obligated; and 
‘‘(B) in any subsequent modification to the agreement.’’. 
(b) CLARIFICATION
OF REFERENCES
TO ELIGIBLE ENTITIES.— 
(1) DEFINITION.—Subsection (b) of section 2684a of title 
10, United States Code, is amended, in the matter preceding 
paragraph (1), by striking ‘‘An agreement under this section 
may be entered into with’’ and inserting ‘‘For purposes of this 
section, an eligible entity is’’. 
(2) ACQUISITION OF PROPERTY AND INTERESTS.—Subsection 
(d)(1) of such section is amended by striking ‘‘the entity or 
entities’’ each place it appears and inserting ‘‘an eligible entity 
or entities’’. 
(3) RETROACTIVE APPLICATION.—The amendments made by 
paragraphs (1) and (2) shall apply to any agreement entered 
into under section 2684a of title 10, United States Code, on 
or after December 2, 2002.
H. R. 6395—127 
(c) FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES 
TO LIMIT ENCROACHMENTS.—Section 2684a(d)(5) of title 10, United 
States Code, is amended— 
(1) in the second sentence of subparagraph (A), by inserting 
‘‘or another Federal agency’’ after ‘‘to a State’’ both places 
it appears; and 
(2) by striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B) Notwithstanding subparagraph (A), if all or a portion of 
the property or interest acquired under the agreement is initially 
or subsequently transferred to a State or another Federal agency, 
before that State or other Federal agency may declare the property 
or interest in excess to its needs or propose to exchange the property 
or interest, the State or other Federal agency shall give the Sec-
retary concerned reasonable advance notice of its intent. If the 
Secretary concerned determines it necessary to preserve the pur-
poses of this section, the Secretary concerned may request that 
administrative jurisdiction over the property be transferred to the 
Secretary concerned at no cost, and, upon such a request being 
made, the administrative jurisdiction over the property shall be 
transferred accordingly. If the Secretary concerned does not make 
such a request within a reasonable time period, all such rights 
of the Secretary concerned to request transfer of the property or 
interest shall remain available to the Secretary concerned with 
respect to future transfers or exchanges of the property or interest 
and shall bind all subsequent transferees.’’. 
SEC. 313. EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY 
INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT 
OPERATE. 
Section 325(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92) is amended by striking 
‘‘a 12-month period’’ and inserting ‘‘two 12-month periods, including 
one such period that begins in fiscal year 2021’’. 
SEC. 314. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RES-
TORATION PROJECTS OF NATIONAL GUARD. 
(a) IN GENERAL.—Section 2707(e) of title 10, United States 
Code, is amended— 
(1) by striking ‘‘Notwithstanding’’ and inserting ‘‘(1) Not-
withstanding’’; 
(2) by inserting ‘‘where military activities are conducted 
by the National Guard of a State under title 32’’ after ‘‘facility’’; 
and 
(3) by adding at the end the following new paragraph: 
‘‘(2) The Secretary concerned may use the authority under 
section 2701(d) of this title to carry out environmental restoration 
projects under paragraph (1).’’. 
(b) CORRECTION OF DEFINITION OF FACILITY.—Paragraph (1) 
of section 2700 of such title is amended— 
(1) in subparagraph (A), by striking ‘‘(A) The terms’’ and 
inserting ‘‘The term’’; and 
(2) by striking subparagraph (B). 
SEC. 315. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY 
INSTALLATION RESILIENCE PROJECTS. 
(a) MODIFICATION
OF AUTHORITY.—Section 2815 of title 10, 
United States Code is amended—
H. R. 6395—128 
(1) in subsection (a), by inserting ‘‘(except as provided in 
subsections (d)(3) and (e))’’ before the period at the end; 
(2) in subsection (c), by striking ‘‘A project’’ and inserting 
‘‘Except as provided in subsection (e)(2), a project’’; 
(3) by redesignating subsection (d) as subsection (f); and 
(4) by inserting after subsection (c) the following new sub-
sections: 
‘‘(d) LOCATION
OF PROJECTS.—Projects carried out pursuant 
to this section may be carried out— 
‘‘(1) on a military installation; 
‘‘(2) on a facility used by the Department of Defense that 
is owned and operated by a State, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, Guam, 
the Commonwealth of the Northern Mariana Islands, or the 
Virgin Islands, even if the facility is not under the jurisdiction 
of the Department of Defense, if the Secretary of Defense 
determines that the facility is subject to significant use by 
the armed forces for testing or training; or 
‘‘(3) outside of a military installation or facility described 
in paragraph (2) if the Secretary concerned determines that 
the project would preserve or enhance the resilience of— 
‘‘(A) a military installation; 
‘‘(B) a facility described in paragraph (2); or 
‘‘(C) community infrastructure determined by the Sec-
retary concerned to be necessary to maintain, improve, 
or rapidly reestablish installation mission assurance and 
mission-essential functions. 
‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In carrying out a 
project under this section, the Secretary concerned may use amounts 
available for operation and maintenance for the military department 
concerned if the Secretary concerned submits a notification to the 
congressional defense committees of the decision to carry out the 
project using such amounts and includes in the notification— 
‘‘(A) the current estimate of the cost of the project; 
‘‘(B) the source of funds for the project; and 
‘‘(C) a certification that deferral of the project for inclusion 
in the next Military Construction Authorization Act would be 
inconsistent with national security or the protection of health, 
safety, or environmental quality, as the case may be. 
‘‘(2) A project carried out under this section using amounts 
under paragraph (1) may be carried out only after the end of 
the 7-day period beginning on the date on which a copy of the 
notification described in paragraph (1) is provided in an electronic 
medium pursuant to section 480 of this title. 
‘‘(3) The maximum aggregate amount that the Secretary con-
cerned may obligate from amounts available to the military depart-
ment concerned for operation and maintenance in any fiscal year 
for projects under the authority of this subsection is $100,000,000.’’. 
(b) CONSIDERATION OF MILITARY INSTALLATION RESILIENCE IN 
AGREEMENTS AND INTERAGENCY COOPERATION.—Section 2684a of 
such title is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(B)— 
(i) by striking clause (ii); and 
(ii) in clause (i)— 
(I) by striking ‘‘(i)’’; and 
(II) by striking ‘‘; or’’ and inserting a semicolon;
H. R. 6395—129 
(B) by redesignating paragraph (3) as paragraph (4); 
and 
(C) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3) maintaining or improving military installation resil-
ience; or’’; and 
(2) by amending subsection (h) to read as follows: 
‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION AND RESIL-
IENCE PROGRAMS TO AVOID OR REDUCE ADVERSE IMPACTS ON MILI-
TARY INSTALLATION RESILIENCE AND MILITARY READINESS ACTIVI-
TIES.—In order to facilitate interagency cooperation and enhance 
the effectiveness of actions that will protect the environment, mili-
tary installation resilience, and military readiness, the recipient 
of funds provided pursuant to an agreement under this section 
or under the Sikes Act (16 U.S.C. 670 et seq.) may, with regard 
to the lands and waters within the scope of the agreement, use 
such funds to satisfy any matching funds or cost-sharing require-
ment of any conservation or resilience program of any Federal 
agency notwithstanding any limitation of such program on the 
source of matching or cost-sharing funds.’’. 
SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY MEASURES 
ON MILITARY INSTALLATIONS. 
(a) IN GENERAL.—Subchapter I of chapter 173 of title 10, United 
States Code, is amended by inserting after section 2919 the fol-
lowing new section: 
‘‘§ 2920. Energy resilience and energy security measures on 
military installations 
‘‘(a) ENERGY RESILIENCE MEASURES.—(1) The Secretary of 
Defense shall, by the end of fiscal year 2030, provide that 100 
percent of the energy load required to maintain the critical missions 
of each installation have a minimum level of availability of 99.9 
percent per fiscal year. 
‘‘(2) The Secretary of Defense shall issue standards establishing 
levels of availability relative to specific critical missions, with such 
standards providing a range of not less than 99.9 percent avail-
ability per fiscal year and not more than 99.9999 percent availability 
per fiscal year, depending on the criticality of the mission. 
‘‘(3) The Secretary may establish interim goals to take effect 
prior to fiscal year 2025 to ensure the requirements under this 
subsection are met. 
‘‘(4) The Secretary of each military department and the head 
of each Defense Agency shall ensure that their organizations meet 
the requirements of this subsection. 
‘‘(b) PLANNING.—(1) The Secretary of Defense shall require 
the Secretary of each military department and the head of each 
Defense Agency to plan for the provision of energy resilience and 
energy security for installations. 
‘‘(2) Planning under paragraph (1) shall— 
‘‘(A) promote the use of multiple and diverse sources of 
energy, with an emphasis favoring energy resources originating 
on the installation such as modular generation; 
‘‘(B) promote installing microgrids to ensure the energy 
security and energy resilience of critical missions; and 
‘‘(C) favor the use of full-time, installed energy sources 
rather than emergency generation.
H. R. 6395—130 
‘‘(c) DEVELOPMENT OF INFORMATION.—The planning required 
by subsection (b) shall identify each of the following for each 
installation: 
‘‘(1) The critical missions of the installation. 
‘‘(2) The energy requirements of those critical missions. 
‘‘(3) The duration that those energy requirements are likely 
to be needed in the event of a disruption or emergency. 
‘‘(4) The current source of energy provided to those critical 
missions. 
‘‘(5) The duration that the currently provided energy would 
likely be available in the event of a disruption or emergency. 
‘‘(6) Any currently available sources of energy that would 
provide uninterrupted energy to critical missions in the event 
of a disruption or emergency. 
‘‘(7) Alternative sources of energy that could be developed 
to provide uninterrupted energy to critical missions in the 
event of a disruption or emergency. 
‘‘(d) TESTING AND MEASURING.—(1)(A) The Secretary of Defense 
shall require the Secretary of each military department and head 
of each Defense Agency to conduct monitoring, measuring, and 
testing to provide the data necessary to comply with this section. 
‘‘(B) Any data provided under subparagraph (A) shall be made 
available to the Assistant Secretary of Defense for Sustainment 
upon request. 
‘‘(2)(A) The Secretary of Defense shall require that black start 
exercises be conducted to assess the energy resilience and energy 
security of installations for periods established to evaluate the 
ability of the installation to perform critical missions without access 
to off-installation energy resources. 
‘‘(B) A black start exercise conducted under subparagraph (A) 
may exclude, if technically feasible, housing areas, commissaries, 
exchanges, and morale, welfare, and recreation facilities. 
‘‘(C) The Secretary of Defense shall— 
‘‘(i) provide uniform policy for the military departments 
and the Defense Agencies with respect to conducting black 
start exercises; and 
‘‘(ii) establish a schedule of black start exercises for the 
military departments and the Defense Agencies, with each mili-
tary department and Defense Agency scheduled to conduct such 
an exercise on a number of installations each year sufficient 
to allow that military department or Defense Agency to meet 
the goals of this section, but in any event not fewer than 
five installations each year for each military department 
through fiscal year 2027. 
‘‘(D)(i) Except as provided in clause (ii), the Secretary of each 
military department shall, notwithstanding any other provision of 
law, conduct black start exercises in accordance with the schedule 
provided for in subparagraph (C)(ii), with any such exercise not 
to last longer than five days. 
‘‘(ii) The Secretary of a military department may conduct more 
black start exercises than those identified in the schedule provided 
for in subparagraph (C)(ii). 
‘‘(e) CONTRACT REQUIREMENTS.—For contracts for energy and 
utility services, the Secretary of Defense shall— 
‘‘(1) specify methods and processes to measure, manage, 
and verify compliance with subsection (a); and