961 
‘‘(b) WAIVER.—The President may waive, on a case- 
by-case basis, the requirement to participate in an exercise 
under subsection (a) if the President— 
‘‘(1) determines that participating in such an 
exercise is infeasible by reason of a war declared by 
Congress, a national emergency declared by the Presi-
dent or Congress, a public health emergency declared 
by the Secretary of Health and Human Services 
under section 319 of the Public Health Service Act 
(42 U.S.C. 247d), or other similar exigent cir-
cumstance; and 
‘‘(2) submits to the congressional defense commit-
tees a notice of the waiver and a description of such 
determination.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘499b. Exercises of nuclear command, control, and communications system.’’. 
SEC. 1643. INDEPENDENT STUDIES ON NUCLEAR WEAPONS 
PROGRAMS OF CERTAIN FOREIGN STATES. 
(a) STUDY.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall seek 
to enter into a contract with a federally funded research 
and development center to conduct a study on the nuclear 
weapons programs of covered foreign countries. 
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(b) MATTERS INCLUDED.—The study under subsection 
(a) shall compile open-source data to conduct an analysis 
of the following for each covered foreign country: 
(1) The activities, budgets, and policy docu-
ments, regarding the nuclear weapons program. 
(2) The known research and development activi-
ties with respect to nuclear weapons. 
(3) The inventories of nuclear weapons and de-
livery vehicles with respect to both deployed and non-
deployed weapons. 
(4) The capabilities of such nuclear weapons and 
delivery vehicles. 
(5) The physical sites used for nuclear proc-
essing, testing, and weapons integration. 
(6) The human capital of the scientific and tech-
nical workforce involved in nuclear programs, includ-
ing with respect to matters relating to the education, 
knowledge, and technical capabilities of that work-
force. 
(7) The known deployment areas for nuclear 
weapons. 
(8) Information with respect to the nuclear com-
mand and control system. 
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(9) The factors and motivations driving the nu-
clear weapons program and the nuclear command 
and control system. 
(10) Any other information that the federally 
funded research and development center determines 
appropriate. 
(c) SUBMISSION TO DOD.—Not later than 14 months 
after the date of the enactment of this Act, and each year 
thereafter for the following two years, the federally funded 
research and development center shall submit to the Sec-
retary the study under subsection (a) and any updates to 
the study. 
(d) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date on which the Secretary receives the study 
under subsection (a) or updates to the study, the Secretary 
shall submit to the appropriate congressional committees 
the study or such updates, without change. 
(e) PUBLIC RELEASE.—The federally funded research 
and development center shall maintain an internet website 
on which the center— 
(1) publishes the study under subsection (a) by 
not later than 30 days after the date on which the 
Secretary receives the study under subsection (c); and 
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(2) provides on an ongoing basis commentaries, 
analyses, updates, and other information regarding 
the nuclear weapons of covered foreign countries. 
(f) FORM.—The study under subsection (a) shall be in 
unclassified form. 
(g) MODIFICATION TO REPORT ON NUCLEAR FORCES 
OF THE UNITED STATES AND NEAR-PEER COUNTRIES.— 
Section 1676 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1778) is 
amended— 
(1) in subsection (a), by striking ‘‘Not later than 
February 15, 2020, the Secretary of Defense, in co-
ordination with the Director of National Intelligence, 
shall’’ and inserting ‘‘Not later than February 15, 
2020, and each year thereafter through 2023, the Sec-
retary of Defense and the Director of National Intel-
ligence shall jointly’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(4) With respect to the current and planned nu-
clear systems specified in paragraphs (1) through (3), 
the factors and motivations driving the development 
and deployment of the systems.’’. 
(h) DEFINITIONS.—In this section: 
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(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(C) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘covered foreign country’’ means 
each of the following: 
(A) China. 
(B) North Korea. 
(C) Russia. 
(3) The term ‘‘open-source data’’ includes data 
derived from, found in, or related to any of the fol-
lowing: 
(A) Geospatial information. 
(B) Seismic sensors. 
(C) Commercial data. 
(D) Public government information. 
(E) Academic journals and conference pro-
ceedings. 
(F) Media reports. 
(G) Social media. 
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Subtitle E—Missile Defense 
Programs 
SEC. 1651. EXTENSION AND MODIFICATION OF REQUIRE-
MENT FOR COMPTROLLER GENERAL OF THE 
UNITED STATES REVIEW AND ASSESSMENT 
OF MISSILE DEFENSE ACQUISITION PRO-
GRAMS. 
Section 232(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1339), as amended by section 1688 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 1144), is amended— 
(1) in paragraph (1), by striking ‘‘through 
2020’’ and inserting ‘‘through 2025’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘through 2021’’ and insert-
ing ‘‘through 2026’’; and 
(B) by adding at the end the following new 
sentence: ‘‘In carrying out this subsection, the 
Comptroller General shall review emergent issues 
relating to such programs and accountability 
and, in consultation with the congressional de-
fense committees, either include any findings 
from the review in the reports submitted under 
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this paragraph or provide to such committees a 
briefing on the findings.’’. 
SEC. 1652. EXTENSION OF TRANSITION OF BALLISTIC MIS-
SILE DEFENSE PROGRAMS TO MILITARY DE-
PARTMENTS. 
Section 1676(b)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 10 
U.S.C. 2431 note) is amended by striking ‘‘2021’’ and in-
serting ‘‘2023’’. 
SEC. 1653. DEVELOPMENT OF HYPERSONIC AND BALLISTIC 
MISSILE TRACKING SPACE SENSOR PAYLOAD. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) Subsection (d) of section 1683 of the 
National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115–91; 10 U.S.C. 2431 
note), as amended by section 1683 of the Na-
tional Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92), requires the Director 
of the Missile Defense Agency to develop a 
hypersonic and ballistic tracking space sensor 
payload to address missile defense tracking re-
quirements. 
(B) The budget of the President for fiscal 
year 2021 submitted under section 1105 of title 
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31, United States Code, did not provide any 
funding for the Missile Defense Agency to con-
tinue the development of such sensor payload. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that— 
(A) regardless of the overall architecture for 
a missile defense tracking space layer, the Direc-
tor of the Missile Defense Agency should remain 
the material developer for the hypersonic and 
ballistic tracking space sensor payload to ensure 
that— 
(i) unique hypersonic and ballistic 
missile tracking requirements are met; and 
(ii) the system can be integrated into 
the existing missile defense system command 
and control, battle management, and com-
munications system; and 
(B) the Secretary of Defense should ensure 
transparency of funding for this effort to ensure 
proper oversight can be conducted on this critical 
capability. 
(b) LIMITATION.—Subsection (d) of section 1683 of the 
National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 10 U.S.C. 2431 note), as amended by 
section 1683 of the National Defense Authorization Act for 
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Fiscal Year 2020 (Public Law 116–92), is amended by add-
ing at the end the following new paragraph: 
‘‘(3) LIMITATION.—Of the funds authorized to be 
appropriated by the National Defense Authorization 
Act for Fiscal Year 2021 or otherwise made available 
for fiscal year 2021 for operation and maintenance, 
Defense-wide, for the Space Defense Agency, not more 
than 50 percent may be obligated or expended until 
the date on which the Secretary submits the certifi-
cation under paragraph (2)(B).’’. 
(c) COORDINATION.—Subsection (a) of such section is 
amended by striking ‘‘the Commander of the Air Force 
Space Command and’’ and inserting ‘‘the Chief of Space 
Operations, the Commander of the United States Space 
Command, the Commander of the United States Northern 
Command, and’’. 
SEC. 1654. ANNUAL CERTIFICATION ON HYPERSONIC AND 
BALLISTIC MISSILE TRACKING SPACE SEN-
SOR PAYLOAD. 
(a) FINDING; SENSE OF CONGRESS.— 
(1) FINDING.—Congress finds that the budget 
submitted by the President under section 1105(a) of 
title 31, United States Code, for fiscal year 2021 does 
not fully fund an operational capability for the 
hypersonic and ballistic missile tracking space sensor 
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within the tracking layer of the persistent space-based 
sensor architecture of the Space Development Agency, 
despite such space sensor being a requirement by the 
combatant commanders and being highlighted as a 
needed capability against both hypersonic and bal-
listic threats in the Missile Defense Review published 
in 2019. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that the Missile Defense Agency hypersonic 
and ballistic missile tracking space sensor must be 
prioritized within the persistent space-based sensor 
architecture of the Space Development Agency to en-
sure the delivery of capabilities to the warfighter as 
soon as possible. 
(b) ANNUAL CERTIFICATION.—Subsection (d) of sec-
tion 1683 of the National Defense Authorization Act for Fis-
cal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note), 
as amended by section 1653, is further amended by adding 
at the end the following new paragraph: 
‘‘(4) ANNUAL
CERTIFICATION.—On an annual 
basis until the date on which the hypersonic and bal-
listic tracking space sensor payload achieves full oper-
ational capability, the Secretary of Defense, without 
delegation, shall submit to the appropriate congres-
sional committees a certification that— 
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‘‘(A) the most recent future-years defense 
program submitted under section 221 of title 10, 
United States Code, includes estimated expendi-
tures and proposed appropriations in amounts 
necessary to ensure the development and deploy-
ment of such space sensor payload as a compo-
nent of the sensor architecture developed under 
subsection (a); and 
‘‘(B) the Commander of the United States 
Space Command has validated both the ballistic 
and hypersonic tracking requirements of, and the 
timeline to deploy, such space sensor payload.’’. 
SEC. 1655. ALIGNMENT OF THE MISSILE DEFENSE AGENCY 
WITHIN THE DEPARTMENT OF DEFENSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Since the Missile Defense Agency was aligned 
to be under the authority, direction, and control of the 
Under Secretary of Defense for Research and Engi-
neering pursuant to section 205(b) of title 10, United 
States Code, the advanced technology development 
budget requests in the defense budget materials (as de-
fined in section 231(f) of title 10, United States Code) 
have decreased by more than 650 percent, from a re-
quest for $292,000,000 for fiscal year 2018 (the high-
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est such request) to a request for $45,000,000 for fiscal 
year 2021. 
(2) The overwhelming majority of the budget of 
the Missile Defense Agency is invested in programs 
that would be categorized as acquisition category 1 ef-
forts if such programs were administered under the 
acquisition standards under Department of Defense 
Directive 5000. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that, in light of the findings under subsection (a), upon the 
completion of the independent review of the organization 
of the Missile Defense Agency required by section 1688 of 
the National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92; 133 Stat. 1787), the Secretary 
of Defense should reassess the alignment of the Agency with-
in the Department of Defense to ensure that missile defense 
efforts are being given proper oversight and that the Agency 
is focused on delivering capability to address current and 
future threats. 
(c) REPORT.—Not later than February 28, 2021, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the alignment of the Missile 
Defense Agency within the Department of Defense. The re-
port shall include— 
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(1) a description of the risks and benefits of 
both— 
(A) continuing the alignment of the Agency 
under the authority, direction, and control of the 
Under Secretary of Defense for Research and En-
gineering pursuant to section 205(b) of title 10, 
United States Code; and 
(B) realigning the Agency to be under the 
authority, direction, and control of the Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment; and 
(2) if the Agency were to be realigned, the ac-
tions that would need to be taken to realign the Agen-
cy to be under the authority, direction, and control of 
the Under Secretary of Defense for Acquisition and 
Sustainment or another element of the Department of 
Defense. 
SEC. 1656. ANALYSIS OF ALTERNATIVES FOR HOMELAND 
MISSILE DEFENSE MISSIONS. 
(a) ANALYSIS OF ALTERNATIVES.— 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Direc-
tor of Cost Assessment and Program Evaluation, in 
coordination with the Secretary of the Navy, the Sec-
retary of the Army, and the Director of the Missile 
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Defense Agency, shall conduct an analysis of alter-
natives with respect to a complete architecture for 
using the regional terminal high altitude area defense 
system and the Aegis ballistic missile defense system 
to conduct homeland defense missions. 
(2) SCOPE.—The analysis of alternatives under 
paragraph (1) shall include the following: 
(A) The sensors needed for the architecture 
described in such paragraph. 
(B) An assessment of the locations of each 
system included in the analysis to provide simi-
lar coverage as the ground-based midcourse de-
fense system, including, with respect to such sys-
tems that are land-based, by giving preference to 
locations with completed environmental impact 
analyses conducted pursuant to section 227 of 
the National Defense Authorization Act for Fis-
cal Year 2013 (Public Law 112– 239; 126 Stat. 
1678), to the extent practicable. 
(C) The acquisition objectives for intercep-
tors of the terminal high altitude area defense 
system and standard missile–3 interceptors for 
homeland defense purposes. 
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(D) Any improvements needed to the missile 
defense system command and control, battle 
management, and communications system. 
(E) 
The 
manning, 
training, 
and 
sustainment needed to support such architecture. 
(F) A detailed schedule for the development, 
testing, production, and deployment of such sys-
tems. 
(G) A lifecycle cost estimate of such archi-
tecture. 
(H) A comparison of the capabilities, costs, 
schedules, and policies with respect to— 
(i) deploying regional systems de-
scribed in subsection (a) to conduct home-
land defense missions; and 
(ii) deploying future ground-based 
midcourse defense systems for such missions. 
(3) SUBMISSION.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense com-
mittees a report containing— 
(A) the analysis of alternatives under para-
graph (1); and 
(B) a certification by the Secretary that 
such analysis is sufficient. 
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(b) ASSESSMENT.—Not later than February 28, 2021, 
the Director of the Defense Intelligence Agency, and the 
head of any other element of the intelligence community 
that the Secretary of Defense determines appropriate, shall 
submit to the congressional defense committees an assess-
ment of the following: 
(1) How the development and deployment of re-
gional terminal high altitude area defense systems 
and Aegis ballistic missile defense systems to conduct 
longer-range missile defense missions would be per-
ceived by near-peer foreign countries and rogue na-
tions. 
(2) How such near-peer foreign countries and 
rogue nations would likely respond to such deploy-
ments. 
SEC. 1657. NEXT GENERATION INTERCEPTORS. 
(a) NOTIFICATION OF CHANGED REQUIREMENTS.— 
During the acquisition and development process of the next 
generation interceptor program, not later than seven days 
after the date on which any changes are made to the re-
quirements for such program that are established in the 
equivalent to capability development documentation, the 
Director of the Missile Defense Agency shall notify the con-
gressional defense committees of such changes. 
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(b) BRIEFING ON CONTRACT.—Not later than 14 days 
after the date on which the Director awards a contract for 
the next generation interceptor, the Director shall provide 
the congressional defense committees a briefing on such con-
tract, including with respect to the cost, schedule, perform-
ance, and requirements of the contract. 
(c) REPORT ON GROUND-BASED MIDCOURSE DEFENSE 
SYSTEM.— 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Under 
Secretary of Defense for Policy, the Director of the 
Missile Defense Agency, and the Commander of the 
United States Northern Command, shall submit to the 
congressional defense committees a report on the 
ground-based midcourse defense system. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) An explanation of how contracts in ex-
istence as of the date of the report could be used 
to reestablish improvements and sustainment for 
kill vehicles and boosters for the ground-based 
midcourse defense system. 
(B) An explanation of how such system 
could be improved through service life extensions 
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or pre-planned product improvements to address 
some of the requirements of the next generation 
interceptor by 2026, including an identification 
of the costs, schedule, and any risks. 
(C) A description of the costs and schedule 
with respect to restarting booster production to 
field 20 additional interceptors by 2026. 
(D) An analysis of policy implications with 
respect to the requirements for the ground-based 
midcourse defense system. 
SEC. 1658. OVERSIGHT OF NEXT GENERATION INTER-
CEPTOR PROGRAM. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds that the Sec-
retary of Defense discovered major technical problems 
with the redesigned kill vehicle program, which led to 
cancelling the program in August 2019 and caused 
significant delays to the improved defense of the 
United States against rogue nation ballistic missile 
threats and wasted $1,200,000,000. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that the Secretary of Defense should ensure 
robust oversight and accountability for the acquisition 
of the future next generation interceptor program to 
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avoid making the same errors that were experienced 
in the redesigned kill vehicle effort. 
(b) INDEPENDENT COST ASSESSMENT AND VALIDA-
TION.— 
(1) ASSESSMENT.—The Director of Cost Assess-
ment and Program Evaluation shall conduct an inde-
pendent cost assessment of the next generation inter-
ceptor program. 
(2) VALIDATION.—The Under Secretary of De-
fense for Acquisition and Sustainment shall validate 
the preliminary cost assessment conducted under 
paragraph (1) that will be used to inform the award 
of the contract for the next generation interceptor. 
(3) SUBMISSION.—Not later than the date on 
which the Director of the Missile Defense Agency 
awards a contract for the next generation interceptor, 
the Secretary of Defense shall submit to the congres-
sional defense committees a report containing the pre-
liminary independent cost assessment under para-
graph (1) and the validation under paragraph (2). 
(c) FLIGHT TESTS.—In addition to the requirements 
of section 2399 of title 10, United States Code, the Director 
of the Missile Defense Agency may not make any decision 
regarding the initial production, or equivalent, of the next 
generation interceptor unless the Director has— 
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(1) certified to the congressional defense commit-
tees that the Director has conducted not fewer than 
two successful intercept flight tests of the next genera-
tion interceptor; and 
(2) provided to such committees a briefing on the 
details of such tests, including with respect to the 
operational realism of such tests. 
SEC. 1659. MISSILE DEFENSE COOPERATION BETWEEN THE 
UNITED STATES AND ISRAEL. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the strong and enduring relationship between 
the United States and Israel is in the national secu-
rity interest of both countries; 
(2) the memorandum of understanding signed by 
the United States and Israel on September 14, 2016, 
including the provisions of the memorandum relating 
to missile and rocket defense cooperation, continues to 
be a critical component of the bilateral relationship; 
(3) the United States and Israel should continue 
government-to-government collaboration and informa-
tion sharing of technical data to investigate the po-
tential operational use of Israeli missile defense sys-
tems for United States purposes; and 
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(4) in addition to the existing Israeli missile de-
fense interceptor systems, there is potential for devel-
oping and incorporating directed energy platforms to 
assist the missile defense capabilities of both the 
United States and Israel. 
(b) COOPERATION.—The Secretary of Defense may seek 
to extend existing cooperation with Israel to carry out, on 
a joint basis with Israel, research, development, test, and 
evaluation activities to establish directed energy capabili-
ties that address missile threats to the United States, the 
deployed members of the Armed Forces of the United States, 
or Israel. The Secretary shall ensure that any such activi-
ties are conducted— 
(1) in accordance with Federal law and the Con-
vention on Prohibitions or Restrictions on the Use of 
Certain Conventional Weapons which may be deemed 
to be Excessively Injurious or to have Indiscriminate 
Effects, signed at Geneva October 10, 1980; and 
(2) in a manner that appropriately protects sen-
sitive information and the national security interests 
of the United States and the national security inter-
ests of Israel. 
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SEC. 1660. REPORT ON DEFENSE OF GUAM FROM INTE-
GRATED AIR AND MISSILE THREATS. 
(a) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report con-
taining a study on the defense of Guam from integrated 
air and missile threats, including such threats from bal-
listic, hypersonic, and cruise missiles. 
(b) ELEMENTS.—The report under subsection (a) shall 
include the following: 
(1) The identification of existing deployed land- 
and sea-based air and missile defense programs of 
record within the military departments and Defense 
Agencies, including with respect to interceptors, ra-
dars, and ground-, ship-, air,- and space-based sen-
sors that could be used either alone or in coordination 
with other systems to counter the threats specified in 
subsection (a) with an initial operational capability 
by 2025. 
(2) A plan of how such programs would be used 
to counter such threats with an initial operational ca-
pability by 2025. 
(3) A plan of which programs currently in devel-
opment but not yet deployed could enhance or sub-
stitute for existing programs in countering such 
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threats with an initial operational capability by 
2025. 
(4) An analysis of which military department, 
Defense Agency, or combatant command would have 
operational control of the mission to counter such 
threats. 
(5) A cost analysis of the various options de-
scribed in paragraphs (1) and (3), including a break-
down of the cost of weapons systems considered under 
the various scenarios (including any costs to modify 
the systems), the cost benefits gained through econo-
mies of scale, and the cost of any military construc-
tion required. 
(6) An analysis of the policy implications re-
garding deploying additional missile defense systems 
on Guam, and how such deployments could affect 
strategic stability, including likely responses from 
both rogue nations and near-peer competitors. 
(c) CONSULTATION.—The Secretary shall carry out 
this section in consultation with each of the following: 
(1) The Director of the Missile Defense Agency. 
(2) The Commander of the United States Indo- 
Pacific Command. 
(3) The Commander of the United States North-
ern Command. 
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(4) Any other official whom the Secretary of De-
fense determines for purposes of this section has sig-
nificant technical, policy, or military expertise. 
(d) FORM.—The report submitted under subsection (a) 
shall be in unclassified form, but may contain a classified 
annex. 
(e) BRIEFING.—Not later than 30 days after the date 
on which the Secretary submits to the congressional defense 
committees the report under subsection (a), the Secretary 
shall provide to such committees a briefing on the report. 
SEC. 1661. REPORT ON CRUISE MISSILE DEFENSE. 
Not later than January 15, 2021, the Commander of 
the United States Northern Command, in coordination with 
the Director of the Missile Defense Agency, shall submit to 
the congressional defense committees a report containing— 
(1) an identification of any vulnerability of the 
contiguous United States to known cruise missile 
threats; and 
(2) a plan to mitigate any such vulnerability. 
Subtitle F—Other Matters 
SEC. 1671. CONVENTIONAL PROMPT GLOBAL STRIKE. 
(a) INTEGRATION.—Section 1697(a) of the National 
Defense Authorization Act for Fiscal Year 2020 (Public 
Law 116–92; 133 Stat. 1791) is amended by adding at the 
end the following new sentence: ‘‘The Secretary shall ini-
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tiate such transfer of technologies to DDG–1000 class de-
stroyers by not later than January 1, 2021.’’. 
(b) REPORT ON STRATEGIC HYPERSONIC WEAPONS.— 
(1) REQUIREMENT.—Not later than 120 days 
after the date of the enactment of this Act, the Chair-
man of the Joint Chiefs of Staff, in coordination with 
the Under Secretary of Defense for Policy, shall sub-
mit to the congressional defense committees a report 
on strategic hypersonic weapons. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) A discussion of the authority to use 
strategic hypersonic weapons and if, and how, 
such authorities would be delegated to the com-
manders of the combatant commands or to the 
Chiefs of the Armed Forces. 
(B) An assessment of escalation and mis-
calculation risks (including the risk that adver-
saries may detect initial launch but not reliably 
detect the entire boost-glide trajectory), how such 
risks will be addressed and minimized with re-
gards to the use of strategic hypersonic weapons, 
and whether any risk escalation exercises have 
been conducted or are planned for the potential 
use of hypersonic weapons. 
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(C) A description of any updates needed to 
war plans with the introduction of strategic 
hypersonic weapons. 
(D) Identification of the element of the De-
partment of Defense that has responsibility for 
establishing targeting requirements for strategic 
hypersonic weapons. 
(E) A description of how the requirements 
for land- and sea-based strategic hypersonic 
weapons will be addressed with the Joint Re-
quirements Oversight Council, and how such re-
quirements will be formally provided to the mili-
tary 
departments 
procuring 
such 
weapons 
through an acquisition program described under 
section 804 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (10 U.S.C. 2302 
note). 
(F) A basing strategy for land-based launch 
platforms and a description of the actions needed 
to be taken for future deployment of such plat-
forms. 
(3) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(c) ANNUAL REPORTS ON ACQUISITION.— 
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sufficiency, including any anomalies, with respect 
to— 
(A) the total program costs of the conven-
tional prompt global strike programs of the 
Army and the Navy; and 
(B) the testing strategy for such programs. 
(3) TERMINATION.—The requirement to submit a 
report under paragraph (1) shall terminate on the 
date on which the Secretary of Defense determines 
that the conventional prompt global strike programs 
of the Army and the Navy are unable to be acquired 
under the authority of section 804 of the National De-
fense Authorization Act for Fiscal Year 2016 (10 
U.S.C. 2302 note). 
SEC. 1672. SUBMISSION OF REPORTS UNDER MISSILE DE-
FENSE REVIEW AND NUCLEAR POSTURE RE-
VIEW. 
Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees— 
(1) each report produced by the Department of 
Defense pursuant to the Missile Defense Review pub-
lished in 2019; and 
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(2) each report produced by the Department pur-
suant to the Nuclear Posture Review published in 
2018. 
SEC. 1673. REPORT ON CONSIDERATION OF RISKS OF INAD-
VERTENT ESCALATION TO NUCLEAR WAR. 
(a) REPORT.—Not later than January 31, 2021, the 
Under Secretary of Defense for Policy shall submit to the 
Committees on Armed Services of the House of Representa-
tives and the Senate a report— 
(1) detailing the efforts of the Department of De-
fense with respect to developing and implementing 
guidance to ensure that the risks of inadvertent esca-
lation to a nuclear war are considered within the de-
cision-making processes of the Department regarding 
relevant activities (such as developing contingency 
plans, managing military crises and conflicts, and 
supporting the Department of State in the develop-
ment, negotiation, and implementation of cooperative 
risk-reduction measures); and 
(2) identifying the capabilities and factors taken 
into account in developing such guidance. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex. 
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(c) BRIEFING.—Not later than December 1, 2020, the 
Under Secretary shall provide to the Committees on Armed 
Services of the House of Representatives and the Senate a 
briefing on the progress and findings made in carrying out 
subsection (a). 
TITLE XVII—REPORTS AND 
OTHER MATTERS 
Subtitle A—Studies and Reports 
SEC. 1701. REVIEW OF SUPPORT OF SPECIAL OPERATIONS 
TO COMBAT TERRORISM. 
(a) REVIEW.—The Comptroller General of the United 
States shall conduct a review of all support provided, or 
planned to be provided, under section 127e of title 10, 
United States Code. Such review shall include an analysis 
of each of the following: 
(1) The strategic alignment between such support 
and relevant Executive Orders, global campaign 
plans, theatre campaign plans, execute orders, and 
other guiding documents for currency, relevancy, and 
efficacy. 
(2) The extent to which United States Special 
Operations Command has the processes and proce-
dures to manage, integrate, and synchronize the au-
thority under section 127e of title 10, United States 
Code, in support of the objectives and priorities speci-
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fied by the documents listed in (a)(1) as well as the 
objectives and priorities of— 
(A) the geographic combatant commands; 
(B) theatre elements of United States Spe-
cial Operations Command; 
(C) relevant chiefs of mission and other ap-
propriate positions in the Department of State; 
and 
(D) any other interagency organization af-
fected by the use of such authority. 
(3) For the activities carried out pursuant to 
such authority, the extent to which United States 
Special Operations Command has the processes and 
procedures to— 
(A) determine the professionalism, cohesion, 
and institutional capacity of the military in the 
country where forces receiving support are based; 
(B) determine the adherence of the forces re-
ceiving support to human rights norms and the 
laws of armed conflict; 
(C) establish measures of effectiveness; 
(D) assess such activities against established 
measures of effectiveness as identified in sub-
paragraph (C); 
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(E) establish criteria to determine the suc-
cessful completion of such activities; 
(F) deconflict and synchronize activities 
conducted under such authority with other rel-
evant funding authorities; 
(G) deconflict and synchronize activities 
conducted under such authorities with other rel-
evant activities conducted by organizations re-
lated to, but outside the purview of, the Depart-
ment of Defense; and 
(H) track the training, support, and facili-
tation provided to forces receiving support, and 
the significant activities undertaken by such 
forces as a result of such training, support, and 
facilitation. 
(4) The extent to which United States Special 
Operations Command has processes and procedures to 
manage the sunset, termination, or transition of ac-
tivities carried out pursuant to such authority, in-
cluding— 
(A) accountability with respect to equip-
ment provided; and 
(B) integrity of the tactics, techniques, and 
procedures developed. 
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(5) The extent to which United States Special 
Operations Command has and uses processes and pro-
cedures to— 
(A) report to Congress biannually on the 
matters referred to in paragraph (3); and 
(B) notify Congress with respect to the in-
tent to sunset, terminate, or transition activities 
carried out pursuant to such authority. 
(6) Any other issues the Comptroller General de-
termines appropriate with respect to the authority 
under section 127e of title 10, United States Code. 
(b) BRIEFING.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
provide for the Committees on Armed Services of the Senate 
and House of Representatives a briefing on the progress of 
the review required under subsection (a). 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the findings of 
the review required under subsection (a) and the rec-
ommendations of the Comptroller General pursuant to such 
review. 
(d) SUPPORT DEFINED.—In this section, the term 
‘‘support’’ includes— 
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(1) personnel who provide capacity for— 
(A) training and equipment; 
(B) training, advice, and assistance; or 
(C) advice, assistance, and accompaniment 
capacity; 
(2) financial assistance; and 
(3) equipment and weapons. 
SEC. 1702. FFRDC STUDY OF EXPLOSIVE ORDNANCE DIS-
POSAL AGENCIES. 
(a) IN GENERAL.—The Secretary of Defense shall enter 
into an agreement with a federally funded research and de-
velopment corporation under which such corporation shall 
conduct a study of the responsibilities, authorities, policies, 
programs, resources, organization, and activities of the ex-
plosive ordnance disposal agencies of the Department of De-
fense, Defense Agencies, and military departments. 
(b) ELEMENTS
OF STUDY.—The study conducted 
under subsection (a) shall include, for the Department of 
Defense, each Defense Agency, and each the military depart-
ments, each of the following: 
(1) An identification and evaluation of— 
(A) technology research, development, and 
acquisition activities related to explosive ord-
nance disposal, including an identification and 
evaluation of— 
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(i) current and future technology and 
related industrial base gaps; and 
(ii) any technical or operational risks 
associated with such technology or related 
industrial base gaps; 
(B) recruiting, training, education, assign-
ment, promotion, and retention of military and 
civilian personnel with responsibilities relating 
to explosive ordnance disposal; 
(C) administrative and operational force 
structure with respect to explosive ordnance dis-
posal, including an identification and assess-
ment of risk associated with force structure ca-
pacity or capability gaps, if any; and 
(D) the demand for, and activities con-
ducted in support of, domestic and international 
military explosive ordnance disposal operations, 
including— 
(i) support provided to Department of 
Defense agencies and other Federal agencies; 
and 
(ii) an identification and assessment of 
risk associated with the prioritization and 
availability of explosive ordnance disposal 
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support among supported agencies and op-
erations. 
(2) Recommendations, if any, for changes to— 
(A) the organization and distribution of re-
sponsibilities and authorities relating to explo-
sive ordnance disposal; 
(B) the explosive ordnance disposal force 
structure, management, prioritization, and oper-
ating concepts in support of the explosive ord-
nance disposal requirements of the Armed Forces 
and other Federal agencies; and 
(C) resource investment strategies and tech-
nology prioritization for explosive ordnance dis-
posal, including science and technology, proto-
typing, experimentation, test and evaluation, 
and related five-year funding profiles. 
(c) REPORT TO CONGRESS.— 
(1) IN
GENERAL.—Not later than August 31, 
2021, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the study 
conducted under subsection (a). Such report shall in-
clude the comments on the study, if any, of the Sec-
retary of Defense, the directors of each of the Defense 
Agencies, and the Secretaries of each of the military 
departments. 
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(2) FORM
OF
REPORT.—The report submitted 
under paragraph (1) shall be submitted in unclassi-
fied form, but may contain a classified annex. 
SEC. 1703. REPORT ON THE HUMAN RIGHTS OFFICE AT 
UNITED STATES SOUTHERN COMMAND. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the promotion of human rights and the pro-
tection of civilians abroad is an ethical, legal, and 
strategic interest of the United States; 
(2) the Human Rights Office at the United 
States Southern Command plays an essential role in 
the 
promotion 
of 
human 
rights 
and 
the 
professionalization of foreign security forces in the 
area of responsibility of the United States Southern 
Command; 
(3) the Secretary of Defense should ensure the 
status of the Human Rights Office at the United 
States Southern Command and, to the extent possible, 
ensure the United States Southern Command has the 
assets necessary to support the activities of the 
Human Rights Office; and 
(4) the Secretary of Defense should ensure the de-
velopment, at each of the combatant commands, of an 
office responsible for— 
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(A) advising the commander of the combat-
ant command on the promotion of human rights 
and protection of civilians; and 
(B) integrating such promotion and protec-
tion into command strategy. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
on— 
(1) the activities of the Human Rights Office at 
the United States Southern Command to provide and 
promote— 
(A) analysis and policy support to the Com-
mander of the United States Southern Command 
regarding human rights and the protection of ci-
vilians; 
(B) education of employees of the Depart-
ment of Defense regarding human rights and 
protection of civilians pursuant to the document 
promulgated by the United States Southern 
Command on July 1, 1998, titled ‘‘Regulation 1- 
20’’ (relating to policy and procedures for 
human rights administration); 
(C) integration of the promotion of human 
rights and protection of civilians into the strat-
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egy, planning, training, and exercises of the 
United States Southern Command, including 
into programs of the armed forces of partner 
countries through the Human Rights Initiative 
program of such Command; 
(D) promotion of human rights and the 
protection of civilians through security coopera-
tion activities; 
(E) implementation of section 362 of title 
10, United States Code; and 
(F) countering trafficking in persons; and 
(2) the resources necessary over the period of the 
future years defense plan for fiscal year 2022 under 
section 221 of title 10, United States Code, for the 
United States Southern Command to support the ac-
tivities of the Human Rights Office at such Com-
mand. 
(c) FORM.—The report under subsection (b) shall be 
submitted in unclassified form. 
SEC. 1704. REPORT ON JOINT TRAINING RANGE EXERCISES 
FOR THE PACIFIC REGION. 
(a) REPORT.—Not later than March 15, 2021, the 
Chairman of the Joint Chiefs of Staff, in coordination with 
the Commander of United States Indo-Pacific Command, 
the Secretary of the Army, the Secretary of the Navy, and 
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the Secretary of the Air Force, shall submit to the congres-
sional defense committees a report containing a plan to in-
tegrate combined, joint, and multi-domain, training and 
experimentation in the Pacific region, including existing 
ranges, training areas, and test facilities, to achieve the fol-
lowing objectives: 
(1) Support future combined and joint exercises 
and training to test operational capabilities and 
weapon systems. 
(2) Employ multi-domain training to validate 
joint operational concepts. 
(3) Integrate allied and partner countries into 
national-level exercises. 
(b) MATTERS.—The report under subsection (a) shall 
address the following: 
(1) Integration of cyber, space, and electro-
magnetic spectrum domains. 
(2) Mobile and fixed range instrumentation 
packages for experimentation and training. 
(3) Digital, integrated command and control for 
air defense systems. 
(4) Command, control, communications, com-
puter, and information (C41) systems. 
(5) War gaming, modeling, and simulations 
packages. 
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(6) Intelligence support systems. 
(7) Manpower management, execution, collection, 
and analysis required for the incorporation of space 
and cyber activities into the training range exercise 
plan contained in such report. 
(8) Connectivity requirements to support all do-
main integration and training. 
(9) Any training range upgrades or infrastruc-
ture improvements necessary to integrate legacy 
training and exercise facilities into integrated, oper-
ational sites. 
(10) Exercises led by the United States Indo-Pa-
cific Command, within the area of operations of the 
Command, that integrate allied and partnered coun-
tries and link to the national-level exercises of the 
United States. 
(11) Incorporation of any other functional and 
geographic combatant commands required to support 
the United States Indo-Pacific Command. 
(c) FORM.—The report under subsection (a) may be 
submitted in classified form, and shall include an unclassi-
fied summary. 
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SEC. 1705. STUDY ON CHINESE POLICIES AND INFLUENCE 
IN THE DEVELOPMENT OF INTERNATIONAL 
STANDARDS FOR EMERGING TECHNOLOGIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of the Na-
tional Institute of Standards and Technology shall enter 
into an agreement with an appropriate non-governmental 
entity with relevant expertise, as determined by the Direc-
tor, to conduct a study and make recommendations with 
respect to the impact of the policies of the People’s Republic 
of China and coordination among industrial entities within 
the People’s Republic of China on international bodies en-
gaged in developing and setting international standards for 
emerging technologies. The study may include— 
(1) an assessment of how the role of the People’s 
Republic of China in international standards setting 
organizations has grown over the previous 10 years, 
including in leadership roles in standards-drafting 
technical committees, and the quality or value of that 
participation; 
(2) an assessment of the impact of the standard-
ization strategy of the People’s Republic of China, as 
identified in the ‘‘Chinese Standard 2035’’ on inter-
national bodies engaged in developing and setting 
standards for select emerging technologies, such as ad-
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vanced communication technologies or cloud com-
puting and cloud services; 
(3) an examination of whether international 
standards for select emerging technologies are being 
designed to promote interests of the People’s Republic 
of China that are expressed in the ‘‘Made in China 
2025’’ plan to the exclusion of other participants; 
(4) an examination of how the previous practices 
that the People’s Republic of China has utilized while 
participating in international standards setting orga-
nizations may foretell how the People’s Republic of 
China will engage in international standardization 
activities of critical technologies like artificial intel-
ligence and quantum information science, and what 
may be the consequences; 
(5) recommendations on how the United States 
can take steps to mitigate influence of the People’s 
Republic of China and bolster United States public 
and private sector participation in international 
standards-setting bodies; and 
(6) any other areas the Director, in consultation 
with the entity selected to conduct the study, believes 
is important to address. 
(b) REPORT TO CONGRESS.—The agreement entered 
into under subsection (a) shall require the entity conducting 
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the study to, not later than two years after the date of the 
enactment of this Act— 
(1) submit to the Committee on Science, Space, 
and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing the findings 
and recommendations of the review conducted under 
subsection (a); and 
(2) make a copy of such report available on a 
publicly accessible website. 
Subtitle B—Electronic Message 
Preservation 
SEC. 1711. SHORT TITLE. 
This subtitle may be cited as the ‘‘Electronic Message 
Preservation Act’’. 
SEC. 1712. PRESERVATION OF ELECTRONIC MESSAGES AND 
OTHER RECORDS. 
(a) REQUIREMENT
FOR PRESERVATION
OF ELEC-
TRONIC MESSAGES.—Chapter 29 of title 44, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 2912. Preservation of electronic messages and other 
records 
‘‘(a) REGULATIONS REQUIRED.—The Archivist shall 
promulgate regulations governing Federal agency preserva-
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tion of electronic messages that are determined to be records. 
Such regulations shall, at a minimum— 
‘‘(1) require the electronic capture, management, 
and preservation of such electronic records in accord-
ance with the records disposition requirements of 
chapter 33; 
‘‘(2) require that such electronic records are 
readily accessible for retrieval through electronic 
searches; and 
‘‘(3) include timelines for Federal agency imple-
mentation of the regulations that ensure compliance 
as expeditiously as practicable. 
‘‘(b) ENSURING COMPLIANCE.—The Archivist shall 
promulgate regulations that— 
‘‘(1) establish mandatory minimum functional 
requirements for electronic records management sys-
tems to ensure compliance with the requirements in 
paragraphs (1) and (2) of subsection (a); and 
‘‘(2) establish a process to ensure that the elec-
tronic records management system of each Federal 
agency meets the functional requirements established 
under paragraph (1). 
‘‘(c) COVERAGE OF OTHER ELECTRONIC RECORDS.— 
To the extent practicable, the regulations promulgated 
under subsections (a) and (b) shall also include require-
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ments for the capture, management, and preservation of 
other electronic records. 
‘‘(d) COMPLIANCE
BY FEDERAL AGENCIES.—Each 
Federal agency shall comply with the regulations promul-
gated under subsections (a) and (b). 
‘‘(e) REVIEW OF REGULATIONS REQUIRED.—The Ar-
chivist shall periodically review and, as necessary, amend 
the regulations promulgated under subsections (a) and 
(b).’’. 
(b) DEADLINE FOR REGULATIONS.— 
(1) 
PRESERVATION
OF
ELECTRONIC
MES-
SAGES.—Not later than 120 days after the date of the 
enactment of this Act, the Archivist shall promulgate 
the regulations required under section 2912(a) of title 
44, United States Code, as added by subsection (a). 
(2) ENSURING COMPLIANCE.—Not later than 2 
years after the date of the enactment of this Act, the 
Archivist shall promulgate the regulations required 
under section 2912(b) of title 44, United States Code, 
as added by subsection (a). 
(c) REPORTS
ON
IMPLEMENTATION
OF
REGULA-
TIONS.— 
(1) AGENCY REPORT TO ARCHIVIST.—Not later 
than 1 year after the date of the enactment of this 
Act, the head of each Federal agency shall submit to 
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the Archivist a report on the agency’s compliance 
with the regulations promulgated under section 2912 
of title 44, United States Code, as added by subsection 
(a), and shall make the report publicly available on 
the website of the agency. 
(2) ARCHIVIST
REPORT
TO
CONGRESS.—Not 
later than 90 days after receipt of all reports required 
by paragraph (1), the Archivist shall submit to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight 
and Reform of the House of Representatives a report 
on Federal agency compliance with the regulations 
promulgated under section 2912(a) of title 44, United 
States Code, as added by subsection (a), and shall 
make the report publicly available on the website of 
the agency. 
(3) FEDERAL AGENCY DEFINED.—In this sub-
section, the term ‘‘Federal agency’’ has the meaning 
given that term in section 2901 of title 44, United 
States Code. 
(d) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 29 of title 44, United States Code, 
is amended by adding after the item relating to section 2911 
the following new item: 
‘‘2912. Preservation of electronic messages and other records.’’. 
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(e) DEFINITIONS.—Section 2901 of title 44, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(14); and 
(2) by striking paragraph (15) and inserting the 
following new paragraphs: 
‘‘(15) the term ‘electronic messages’ means elec-
tronic mail and other electronic messaging systems 
that are used for purposes of communicating between 
individuals; and 
‘‘(16) the term ‘electronic records management 
system’ means software designed to manage electronic 
records, including by— 
‘‘(A) categorizing and locating records; 
‘‘(B) ensuring that records are retained as 
long as necessary; 
‘‘(C) identifying records that are due for 
disposition; and 
‘‘(D) ensuring the storage, retrieval, and 
disposition of records.’’. 
SEC. 1713. PRESIDENTIAL RECORDS. 
(a) ADDITIONAL REGULATIONS RELATING TO PRESI-
DENTIAL RECORDS.— 
(1) IN
GENERAL.—Section 2206 of title 44, 
United States Code, is amended— 
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(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) provisions for establishing standards nec-
essary for the economical and efficient management of 
electronic Presidential records during the President’s 
term of office, including— 
‘‘(A) records management controls necessary 
for the capture, management, and preservation 
of electronic messages; 
‘‘(B) records management controls necessary 
to ensure that electronic messages are readily ac-
cessible for retrieval through electronic searches; 
and 
‘‘(C) a process to ensure the electronic 
records management system to be used by the 
President for the purposes of complying with the 
requirements in subparagraphs (A) and (B).’’. 
(2) DEFINITIONS.—Section 2201 of title 44, 
United States Code, is amended by adding at the end 
the following new paragraphs: 
‘‘(6) The term ‘electronic messages’ has the 
meaning given that term under section 2901(15). 
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‘‘(7) The term ‘electronic records management 
system’ has the meaning given that term under sec-
tion 2901(16).’’. 
(b) CERTIFICATION OF PRESIDENT’S MANAGEMENT OF 
PRESIDENTIAL RECORDS.— 
(1) CERTIFICATION REQUIRED.—Chapter 22 of 
title 44, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 2210. Certification of the President’s management 
of Presidential records 
‘‘(a) ANNUAL CERTIFICATION.—The Archivist shall 
annually certify whether the electronic records management 
controls established by the President meet requirements 
under sections 2203(a) and 2206(5). 
‘‘(b) REPORT TO CONGRESS.—The Archivist shall re-
port annually to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Oversight and Reform of the House of Representatives on 
the status of the certification.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 22 of title 44, 
United States Code, is amended by adding at the end 
the following new item: 
‘‘2210. Certification of the President’s management of Presidential records.’’. 
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(c) REPORT TO CONGRESS.—Section 2203(g) of title 
44, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(5) One year following the conclusion of a President’s 
term of office, or if a President serves consecutive terms 1 
year following the conclusion of the last term, the Archivist 
shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Oversight and Reform of the House of Representatives a re-
port on— 
‘‘(A) the volume and format of electronic Presi-
dential records deposited into that President’s Presi-
dential archival depository; and 
‘‘(B) whether the electronic records management 
controls of that President met the requirements under 
sections 2203(a) and 2206(5).’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 1 year after the date of the enact-
ment of this Act. 
Subtitle C—Space Technology Ad-
vancement Report (STAR) Act of 
2020 
SEC. 1721. SHORT TITLE. 
This subtitle may be cited as the ‘‘Space Technology 
Advancement Report (STAR) Act of 2020’’. 
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SEC. 1722. FINDINGS. 
Congress finds the following: 
(1) As stated in the United States-China Eco-
nomic and Security Commission’s 2019 Report to 
Congress, the United States retains many advantages 
over the People’s Republic of China (PRC) in space, 
including— 
(A) the organization and technical expertise 
of its space program; 
(B) the capabilities of the National Aero-
nautics and Space Administration for human 
spaceflight and exploration; 
(C) its vibrant commercial space sector; 
(D) its long history of space leadership; and 
(E) many international partnerships. 
(2) The PRC seeks to establish a leading position 
in the economic and military use of outer space and 
views space as critical to its future security and eco-
nomic interests. 
(3) The PRC’s national-level commitment to es-
tablishing itself as a global space leader harms United 
States interests and threatens to undermine many of 
the advantages the United States has worked so long 
to establish. 
(4) For over 60 years, the United States has led 
the world in space exploration and human space 
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flight through a robust national program that ensures 
NASA develops and maintains critical spaceflight 
systems to enable this leadership, including the Apollo 
program’s Saturn V rocket, the Space Shuttle, the 
International Space Station and the Space Launch 
System and Orion today. 
(5) The Defense Intelligence Agency noted in its 
2019 ‘‘Challenges to U.S. Security in Space’’ report 
that the PRC was developing a national super-heavy 
lift rocket comparable to NASA’s Space Launch Sys-
tem. 
(6) The United States space program and com-
mercial space sector risks being hollowed out by the 
PRC’s plans to attain leadership in key technologies. 
(7) It is in the economic and security interest of 
the United States to remain the global leader in space 
power. 
(8) A recent report by the Air Force Research 
Laboratory and the Defense Innovation Unit found 
that China’s strategy to bolster its domestic space in-
dustry includes a global program of theft and other 
misappropriation of intellectual property, direct inte-
gration of state-owned entities and their technology 
with commercial start-ups, the use of front companies 
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to invest in United States space companies, vertical 
control of supply chains, and predatory pricing. 
(9) The United States Congress passed the Wolf 
Amendment as part of the Fiscal Year 2012 Consoli-
dated and Further Continuing Appropriations Act 
(Public Law 112–55) and every year thereafter in re-
sponse to the nefarious and offensive nature of Chi-
nese activities in the space industry. 
SEC. 1723. REPORT; STRATEGY. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, and annually 
thereafter in fiscal years 2022 and 2023, the National 
Space Council shall submit to the appropriate con-
gressional committees an interagency assessment of 
the ability of the United States to compete with for-
eign space programs and in the emerging commercial 
space economy. 
(2) CONTENT OF REPORT.—The report shall in-
clude information on the following: 
(A) An assessment of the human exploration 
and spaceflight capabilities of the national space 
program of the United States relative to national 
programs of the PRC. 
(B) An assessment of— 
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1015 
(i) the viability of extraction of space- 
based precious minerals, onsite exploitation 
of space-based natural resources, and utili-
zation of space-based solar power; 
(ii) the programs of the United States 
and the PRC that are related to the issues 
described in clause (i); and 
(iii) any potential terrestrial or space 
environmental impacts of space-based solar 
power. 
(C) An assessment of United States strategic 
interests in or related to cislunar space. 
(D) A comparative assessment of future 
United States space launch capabilities and 
those of the PRC. 
(E) The extent of foreign investment in the 
commercial space sector of the United States, es-
pecially in venture capital and other private eq-
uity investments that seek to work with the Fed-
eral government. 
(F) The steps by which the National Aero-
nautics and Space Administration, the Depart-
ment of Defense, and other United States Federal 
agencies conduct the necessary due diligence and 
security reviews prior to investing in private 
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1016 
space entities that may have received funding 
from foreign investment. 
(G) Current steps that the United States is 
taking to identify and help mitigate threats to 
domestic space industry from influence of the 
PRC. 
(H) An assessment of the current ability, 
role, costs, and authorities of the Department of 
Defense to mitigate the threats of commercial 
communications and navigation in space from 
the PRC’s growing counterspace capabilities, 
and any actions required to improve this capa-
bility. 
(I) An assessment of how the PRC’s activi-
ties are impacting United States national secu-
rity, including— 
(i) theft by the PRC of United States 
intellectual property through technology 
transfer requirements or otherwise; and 
(ii) efforts of the PRC to seize control 
of critical elements of the United States 
space industry supply chain and United 
States space industry companies or sister 
companies with shared leadership; and gov-
ernment cybersecurity capabilities. 
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(J) An assessment of efforts of the PRC to 
pursue cooperative agreements with other nations 
to advance space development. 
(K) Recommendations to Congress, includ-
ing recommendations with respect to— 
(i) any legislative proposals to address 
threats by the PRC to the United States na-
tional space programs as well as domestic 
commercial launch and satellite industries; 
(ii) how the United States Government 
can best utilize existing Federal entities to 
investigate and prevent potentially harmful 
investment by the PRC in the United States 
commercial space industry; 
(3) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, but 
may include a classified annex. 
(b) STRATEGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the submission of the report required in subsection 
(a), the President, in consultation with the National 
Space Council, shall develop and submit to the appro-
priate congressional committees a strategy to ensure 
the United States can— 
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(A) compete with other national space pro-
grams; 
(B) maintain leadership in the emerging 
commercial space economy; 
(C) identify market, regulatory, and other 
means to address unfair competition from the 
PRC based on the findings of in the report re-
quired in subsection (a); 
(D) leverage commercial space capabilities 
to ensure United States national security and 
the security of United States interests in space; 
(E) protect United States supply chains 
and manufacturing critical to competitiveness in 
space; and 
(F) coordinate with international allies and 
partners in space. 
(3) FORM.—The strategy required under para-
graph (1) shall be submitted in unclassified form, but 
may include a classified annex. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES 
OF CONGRESS.—The term ‘‘appropriate congressional 
committees’’ means— 
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(A) the Committee on Armed services, the 
Committee on Foreign Relations, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Com-
mittee on Science, Space, and Technology of the 
House of Representatives. 
(2) PRC.—The term ‘‘PRC’’ means the ‘‘People’s 
Republic of China’’. 
Subtitle D—AMBER Alert 
Nationwide 
SEC. 1731. COOPERATION WITH DEPARTMENT OF HOME-
LAND SECURITY. 
Subtitle A of title III of the PROTECT Act (34 U.S.C. 
20501 et seq.) is amended— 
(1) in section 301— 
(A) in subsection (b)— 
(i) in paragraph (1), by inserting 
‘‘(including airports, maritime ports, border 
crossing areas and checkpoints, and ports of 
exit from the United States)’’ after ‘‘gaps in 
areas of interstate travel’’; and 
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1023 
‘‘(2) WAIVER.—If the Secretary determines that 
American Samoa, Guam, the Northern Mariana Is-
lands, Puerto Rico, or the Virgin Islands of the 
United States is unable to comply with the require-
ment under paragraph (1), the Secretary shall waive 
such requirement.’’; 
(6) in subsection (g)— 
(A) by striking ‘‘In this section’’ and insert-
ing ‘‘In this subtitle’’; and 
(B) by striking ‘‘or Puerto Rico’’ and in-
serting ‘‘American Samoa, Guam, Puerto Rico, 
the Northern Mariana Islands, the Virgin Is-
lands of the United States, and any other terri-
tory of the United States’’; and 
(7) in subsection (h), by striking ‘‘fiscal year 
2004’’ and inserting ‘‘each of fiscal years 2019 
through 2023’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 1(b) of the PROTECT Act (Pub-
lic Law 108–21) is amended by striking the item relating 
to section 303 and inserting the following: 
‘‘Sec. 303. Grant program for notification and communications systems along 
highways and major transportation routes for recovery of ab-
ducted children.’’. 
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SEC. 1733. AMBER ALERT COMMUNICATION PLANS IN THE 
TERRITORIES. 
Section 304 of the PROTECT Act (34 U.S.C. 20504) 
is amended— 
(1) in subsection (b)(4), by inserting ‘‘a terri-
torial government or’’ after ‘‘with’’; 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of any activi-
ties funded by a grant under this section may not ex-
ceed 50 percent. 
‘‘(2) WAIVER.—If the Attorney General deter-
mines that American Samoa, Guam, the Northern 
Mariana Islands, Puerto Rico, the Virgin Islands of 
the United States, or an Indian tribe is unable to 
comply with the requirement under paragraph (1), 
the Attorney General shall waive such requirement.’’; 
and 
(3) in subsection (d), by inserting ‘‘, including 
territories of the United States’’ before the period at 
the end. 
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SEC. 1734. GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT. 
(a) IN GENERAL.—Not later than 5 years after the 
date of the enactment of this Act, the Comptroller General 
shall conduct a study assessing— 
(1) the implementation of the amendments made 
by this Act; 
(2) any challenges related to integrating the ter-
ritories of the United States into the AMBER Alert 
system; 
(3) the readiness, educational, technological, and 
training needs of territorial law enforcement agencies 
in responding to cases involving missing, abducted, or 
exploited children; and 
(4) any other related matters the Attorney Gen-
eral or the Secretary of Transportation determines 
appropriate. 
(b) REPORT REQUIRED.—The Comptroller General 
shall submit a report on the findings of the study required 
under subsection (a) to— 
(1) the Committee on the Judiciary and the 
Committee on Environment and Public Works of the 
Senate; 
(2) the Committee on the Judiciary and the 
Committee on Transportation and Infrastructure of 
the House of Representatives; and 
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(3) each of the delegates or resident commissioner 
to the House of Representatives from American 
Samoa, Guam, the Northern Mariana Islands, Puerto 
Rico, and the Virgin Islands of the United States. 
(c) PUBLIC AVAILABILITY.—The Comptroller General 
shall make the report required under subsection (b) avail-
able on a public Government website. 
(d) OBTAINING OFFICIAL DATA.— 
(1) IN GENERAL.—The Comptroller General may 
secure information necessary to conduct the study 
under subsection (a) directly from any Federal agen-
cy and from any territorial government receiving 
grant funding under the PROTECT Act. Upon re-
quest of the Comptroller General, the head of a Fed-
eral agency or territorial government shall furnish the 
requested information to the Comptroller General. 
(2) AGENCY RECORDS.—Notwithstanding para-
graph (1), nothing in this subsection shall require a 
Federal agency or any territorial government to 
produce records subject to a common law evidentiary 
privilege. Records and information shared with the 
Comptroller General shall continue to be subject to 
withholding under sections 552 and 552a of title 5, 
United States Code. The Comptroller General is obli-
gated to give the information the same level of con-
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fidentiality and protection required of the Federal 
agency or territorial government. The Comptroller 
General may be requested to sign a nondisclosure or 
other agreement as a condition of gaining access to 
sensitive or proprietary data to which the Comp-
troller General is entitled. 
(3) PRIVACY OF PERSONAL INFORMATION.—The 
Comptroller General, and any Federal agency and 
any territorial government that provides information 
to the Comptroller General, shall take such actions as 
are necessary to ensure the protection of the personal 
information of a minor. 
Subtitle E—Other Matters 
SEC. 
1741. 
TECHNICAL, 
CONFORMING, 
AND 
CLERICAL 
AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) Section 127e(g) is amended by striking 
‘‘Low-Intensity’’ and inserting ‘‘Low Intensity’’. 
(2) Section 142 is amended— 
(A) by striking subsection (d); and 
(B) by redesignating the second subsection 
(c) as subsection (d). 
(3) Section 192(c) is amended by striking the 
first paragraph (1). 
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(4) Section 231 is amended— 
(A) in subsection (a)(1), by striking ‘‘and’’ 
after the colon; 
(B) by striking ‘‘quadrennial defense re-
view’’ each place it appears and inserting ‘‘na-
tional defense strategy’’; and 
(C) in subsection (f)(3), by striking ‘‘section 
118’’ and inserting ‘‘section 113(g)’’. 
(5) Section 1073c(a) is amended by redesig-
nating the second paragraph (6) as paragraph (7). 
(6) Section 1044e is amended by striking ‘‘sub-
section (h)’’ each place it appears and inserting ‘‘sub-
section (i)’’. 
(7) The table of sections at the beginning of 
chapter 58 is amended by striking the item relating 
to section 1142 and inserting the following: 
‘‘1142. Preseparation counseling; transmittal of certain records to Department of 
Veterans Affairs.’’. 
(8) Section 1564(c)(2) is amended in the matter 
preceding subparagraph (A) by striking ‘‘in’’ and in-
serting ‘‘is’’. 
(9) The table of sections at the beginning of 
chapter 113 is amended by striking ‘‘Sec.’’ each place 
it appears, except for the first ‘‘Sec.’’ preceding the 
item relating to section 2200g. 
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(B) in subparagraph (B), by inserting 
‘‘the’’ before ‘‘tenant’’. 
(18) Section 2891a is amended— 
(A) in subsection (b), by adding a period at 
the end of paragraph (2); and 
(B) in subsection (e)(2)(B), by striking 
‘‘the’’ before ‘‘any basic’’. 
(19) Section 2894(c)(3) is amended by inserting 
‘‘, the office’’ after ‘‘installation housing management 
office’’. 
(b) TITLE
38, UNITED
STATES
CODE.—Section 
1967(a)(3)(D) of title 38, United States Code, is amended 
in the matter preceding clause (i) by inserting a comma 
after ‘‘theater of operations’’. 
(c) NDAA FOR FISCAL YEAR 2019.—Effective as of 
August 13, 2018, and as if included therein as enacted, the 
John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232) is amended as fol-
lows: 
(1) Section 226(b)(3)(C) (132 Stat. 1686) is 
amended by striking ‘‘commercial-off the-shelf’’ and 
inserting ‘‘commercially available off-the-shelf items 
(as defined in section 104 of title 41, United States 
Code) that may serve as’’. 
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(2) Section 809(b)(3) (132 Stat. 1840) is amend-
ed by striking ‘‘Section 598(d)(4) of the National De-
fense Authorization Act of for Fiscal Year 2010 (Pub-
lic Law 111–84; 10 U.S.C. 1561 note)’’ and inserting 
‘‘Section 563(d)(4) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 10 U.S.C. 1561 note)’’. 
(3) Section 836(a)(2)(B) (132 Stat. 1860) is 
amended by inserting ‘‘of such title’’ after ‘‘Section 
104(1)(A)’’. 
(4) Section 836(c)(8) is amended by striking 
subparagraphs (A) and (B) and inserting the fol-
lowing new subparagraphs: 
‘‘(A) by striking ‘commercial items’ and in-
serting ‘commercial products’; and 
‘‘(B) by striking ‘the item’ both places it 
appears and inserting ‘commercial product’.’’. 
(5) Section 889(f) (132 Stat. 1918) is amended 
by striking ‘‘appropriate congressional committees’ ’’ 
and inserting ‘‘appropriate congressional commit-
tees’’. 
(6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 
132 Stat. 2080) is amended by striking ‘‘improve’’ 
and inserting ‘‘improved’’. 
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(7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 
2218) is amended by inserting ‘‘to persons’’ before 
‘‘who are potential’’. 
(8) Section 1759(a)(2) (50 U.S.C. 4818; 132 
Stat. 2223) is amended by striking the semicolon at 
the end and inserting a period. 
(9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 
2231) is amended by striking ‘‘December 5, 1991’’ 
and inserting ‘‘December 5, 1995’’. 
(10) Section 1773(b)(1) (50 U.S.C. 4842; 132 
Stat. 
2235) 
is 
amended 
by 
striking 
‘‘section 
1752(1)(D)’’ and inserting ‘‘section 1752(2)(D)’’. 
(11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 
2237) is amended in the matter preceding paragraph 
(1) by inserting ‘‘under’’ before ‘‘section 1773’’. 
(12) Section 2827(b)(1) (132 Stat. 2270) is 
amended by inserting ‘‘in the matter preceding the 
paragraphs’’ after ‘‘amended’’. 
(d) NDAA FOR FISCAL YEAR 2016.—Effective as of 
December 23, 2016, and as if included therein as enacted, 
section 856(a)(1) the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 
note) is amended by inserting ‘‘United States Code,’’ after 
‘‘title 41,’’. 
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(e) COORDINATION WITH OTHER AMENDMENTS MADE 
BY THIS ACT.—For purposes of applying amendments 
made by provisions of this Act other than this section, the 
amendments made by this section shall be treated as having 
been enacted immediately before any such amendments by 
other provisions of this Act. 
SEC. 1742. ADDITION OF CHIEF OF THE NATIONAL GUARD 
BUREAU TO THE LIST OF OFFICERS PRO-
VIDING REPORTS OF UNFUNDED PRIORITIES. 
Section 222a(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) The Chief of the National Guard Bureau.’’. 
SEC. 1743. ACCEPTANCE OF PROPERTY BY MILITARY ACAD-
EMIES AND MUSEUMS. 
(a) ACCEPTANCE OF PROPERTY.—Section 2601 of title 
10, United States Code, is amended— 
(1) in subsection (a)(2), by inserting after sub-
paragraph (B) the following new subparagraph: 
‘‘(C) The Secretary concerned may display, at a mili-
tary museum, recognition for an individual or organization 
that contributes money to a nonprofit entity described in 
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subparagraph (A), or an individual or organization that 
contributes a gift directly to the armed force concerned for 
the benefit of a military museum, whether or not the con-
tribution is subject to the condition that recognition be pro-
vided. The Secretary of Defense shall prescribe uniform reg-
ulations governing the circumstances under which contrib-
utor recognition may be provided, appropriate forms of rec-
ognition, and suitable display standards.’’; and 
(2) in subsection (e)(1)— 
(A) by inserting ‘‘or personal’’ after ‘‘real’’ 
both places it appears; and 
(B) by striking ‘‘or the Coast Guard Acad-
emy’’ and inserting ‘‘the Coast Guard Academy, 
the National Defense University, the Defense Ac-
quisition University, the Air University, the 
Army War College, the Army Command and 
General Staff College, the Naval War College, the 
Naval Postgraduate School, or the Marine Corps 
University’’. 
(b) LEASE OF NON-EXCESS PROPERTY TO MILITARY 
MUSEUMS.— 
(1) IN
GENERAL.—Section 2667 of title 10, 
United States Code, is amended— 
(A) in subsection (b)— 
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(i) in paragraph (7), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (8), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the following 
new paragraph: 
‘‘(9) in the case of a lease of a museum facility 
to a museum foundation, may provide for use in gen-
erating revenue for activities of the museum facility 
and for such administrative purposes as may be nec-
essary to support the facility.’’; 
(B) in subsection (i), by adding at the end 
the following new paragraph: 
‘‘(6) The term ‘museum foundation’ means any 
entity— 
‘‘(A) qualifying as an exempt organization 
under section 501(c)(3) of the Internal Revenue 
Code of 1986; and 
‘‘(B) incorporated for the primary purpose 
of supporting a Department of Defense mu-
seum.’’; and 
(C) in subsection (k)— 
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